The Full Federal Court’s decision in Commissioner of Taxation v Bendel (February 19, 2025) has redefined the tax landscape for trusts, ruling that unpaid present entitlements (UPEs) between a corporate beneficiary and a trust do not constitute a loan under s109D(3) of Division 7A.

Sometimes relationships don’t always work out. The appeal of operating a business in a trust and the prospect of the CGT discount may no longer outweigh the challenges of managing unpaid present entitlements and preparing annual distribution minutes.

In this webinar we will delve into the intricacies of Family Trust Elections (FTEs). Through the exploration of real-life case studies, we'll uncover practical tips and potential pitfalls associated with both making and managing FTEs.

This session explores the issues applicable to a trust’s use of the small business CGT concessions.

The date may be looming where interest in trust property is required to vest or estate planning discussions are being directed at whether the vesting date can be brought forward. This session explores the tax implications that these situations may encounter.

Daniel Smedley presents the second of his two-part series on invalid trust distributions.

The validity of trust distributions is being scrutinised more and more frequently, with challenges arising not only from Australian Taxation Office reviews or audits, but also from beneficiaries questioning the trustee's management of the trust or their use of discretion in family succession disputes.

This webinar explains the common pitfalls relating to trustees exercising discretion including void and voidable distributions as well as remedies available to beneficiaries and tips for avoiding disputes.

This webinar provides an update on the state of play of the individual tax residency rules in Australia.

When considering income tax roll-overs, the small business restructure rollover offers unique opportunities which should not be overlooked. However, despite the policy intentions underpinning its enactment in 2016, the requirements for income tax relief are deceptively prescriptive.

I say unit trust you say fixed trust …

But let’s not call the whole thing off.

I say unit trust you say fixed trust …

But let’s not call the whole thing off.

Join Ed Skilton, as he explores the issues that can arise in Trust Variations.