2023 Trusts

Trusts and tribulations

Source: Victoria

Published Date: 3 May 2023

 

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Dr Bender considers recent jurisprudence and administrative approaches through the lens of trustees, including:

  • Recent scrutiny of a trustee’s discretion under the general anti-avoidance provisions (Minerva Financial Group Pty Ltd v FCT [2022] FCA 1092) and having appropriate regard to the nature and purpose of the trust and to the circumstances of potential beneficiaries (Owies and Owies v JJE Nominees Pty Ltd (ACN 004 856 366) (in its capacity as trustee for the Owies Family Trust) [2022] VSCA 142)
  • The rule against perpetuities, having regard to statutory modification of the perpetuity period and whether a trust deed contained a “date certain” (Application by Perenna Nominees Pty Ltd [2022] VSC 193)
  • What happened when a company bought back its shares from a trust, which then sought to distribute a fully franked dividend to a corporate beneficiary and retain an amount as corpus? (BBlood Enterprises Pty Ltd & Anor v FC of T [2022] FCA 1112); and
  • Increasing regulatory focus on tax avoidance and evasion arrangements using trust structures.

Individual Session


Details

  • Published By: Philip Bender
  • Published On:3 May 2023
  • Took place at:Grand Hyatt Melbourne

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