A run of cases in the Courts on trusts in 2022 has prompted many professionals to consider whether asset structuring and asset protection strategies of the past (including companies and trusts) are still relevant. This session explores:
- Should assets be put in the name of the ‘non-risk’ spouse and what is the impact of the High Court decision in Bosanac v Commissioner of Taxation [2022] HCA 34
- The effectiveness of gift and loan back arrangements following the decision in Re Permewan No. 2 [2022] QSC 114
- Considerations to be aware of before interposing a holding company; and
- Asset protection and its interaction with the general anti-avoidance rules in Part IVA.