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Recorded Webinars
Recorded Webinar: Trust Resettlements, Clark's Case and the Commissioner's New Stance
Practitioners are continually faced with the dilemma of whether an amendment to the trust deed constitutes a resettlement of a trust. Even though the Commissioner made his views clear in TD 2012/21, confusion and uncertainty still abounds in the taxpayer community. This session se
PRESENTED BY
Dung Lam
Team Leader – Tax, Argyle
Date/Time
About the Webinar
Practitioners are continually faced with the dilemma of whether an amendment to the trust deed constitutes a resettlement of a trust. Even though the Commissioner made his views clear in TD 2012/21, confusion and uncertainty still abounds in the taxpayer community. This session seeks to clarify the misunderstanding and discusses the following areas:
- What is a resettlement?
- What are the income tax and CGT consequences?
- Review of TD 2012/21 and FCT v Clark [2011] FCAFC 5
- Can I amend the trust deed without resettling?
- Practical scenarios (e.g. what happens if the deed is lost and a replacement deed is obtained, is that a trigger for a resettlement?)
- What sort of amendments will trigger a resettlement? (e.g. amendments to irrevocably remove a beneficiary)
- Are deeds of disclaimer an alternative to amending the deed to remove a beneficiary? - The Trustee for the Whitby Trust and Commissioner of Taxation [2019] AATA 5637 and Lewski v FCT [2017] FCAFC 145
Presented By
Dung Lam
Team Leader – Tax, ArgyleWho Should Attend?
This webinar is suitable for accountants and lawyers advising in taxation matters – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.
Enquiries/Assistance
If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]