It seems everyone is introducing regimes for foreign trusts. The Commonwealth has had a foreign trust regime for many years.
Striking a balance between providing for a spouse and children from a previous relationship is a challenge many of us as professional advisers have encountered. As advisers, careful advice needs to be given to clients outlining their obligations, risks and the consequences of their instructions and intentions. Blended families are more prone to dispute than is the case with first relationships and face a range of challenges, practically and legally. Superannuation, estate planning and family law disputes can often be avoided with proper planning and strategic decision making.
From 1 July 2015, if the trustee of a foreign trust acquires Victorian residential property, that trustee is liable for a duty surcharge of 3%1 on top of the normal ad valorem duty. This can result in a duty rate of up to 8.5%. This article will examine when a trust will be a foreign trust and what changes can be made to trusts to ensure that they are not foreign trusts under the Duties Act 2000 (Vic).