We all love our trusts, but unfortunately they don't last forever. They have an ‘expiry date’. When you reach this date, the Trust ends and its property must be distributed to beneficiaries. Before this time you need to consider who will be entitled to the assets, and what tax and stamp duty liabilities may be triggered. You also need to see if the date can be extended...
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So far Melinda has created 69 blog entries.
It's relatively easy to get into property ownership with someone. But it can be considerably harder to get out. Particularly if you don't have a co-ownership agreement in place. Find out what court remedies may be available to you NSW if you find yourself stuck in a property.
Many businesses have built strong brands by treating customers well. But it is also important to ensure that no single customer can put your business at risk. You need to draw the line somewhere. This is where your terms of supply come in. However, these terms need to be consistent with the Australian Consumer Law.
Maryke assists families and businesses in a wide variety of matters, including property law, business transactions and estate planning.
The end of the first calendar quarter for the year is fast approaching, and this is a great time to think about improving your employment processes and procedures. To get you started, these are our favourite employment law 'nuts and bolts' that may need some tightening.
The Personal Property Securities Act (PPSA) is the legislation that governs everything about security interests in personal property, which is almost all property that is not land. The broad purpose of the PPSA is to create a system for the registration of security interests, which is searchable by anyone and which can then be enforced against other parties. This register has been formed as the Personal Property Securities Register (PPSR).
If you have a discretionary family trust, then chances are your accountant has mentioned ‘unpaid present entitlements’ or ‘UPEs’. No doubt you have just nodded wisely, but deep down, do you really know what this means?
You may have noticed that ‘flexibility’ has become the new buzz word for Australian workplaces. Most of the popular focus has been on the benefits that flexibility provides to workers, rather than employers. As an employer, you may only just be keeping up with all of the day-to-day issues that come with employing someone [...]
If you are about to pay off your limited recourse borrowing loan (or have recently done so), you are probably wondering what to do next. You might want to simplify your super fund investments and wind up the custodian trust. Or you might be planning your next property purchase. In this article, we answer [...]
What law governs partnerships? Partnerships are governed by a number of different laws. Fundamentally, a partnership is a creature of contract law. This means that the parties to a partnership can agree how the partnership will be regulated. When you have any questions about your partnership, your Partnership Agreement should be the first place [...]
Most people who advise on testamentary trusts talk about the ‘tax benefits’. This emphasis is plain wrong. Why? Because, a simple Will (without a testamentary trust) is more likely to do harm, and to lead to family disharmony, than one with a testamentary trust.
A gift of property that is no longer in your estate when you die automatically ‘fails’ (or ‘adeems’). This rule can lead to unfairness and unintended consequences.
Doctors earn their money by ‘doing things’. Performing surgery, diagnosing an illness. This is great from a ‘personal fulfilment’ perspective, but not so great from a ‘personal tax’ perspective.
People who say this are just demonstrating their ignorance. Here’s why. The ability to use a trust as a ‘tax loophole’ was pretty much closed out in the 1970-80s. To suggest that trusts somehow make tax disappear for the ‘wealthy’ is plain silly.