If you hold residential land in NSW in a discretionary trust, chances are you will be subject to surcharge land tax due to changes that take effect at midnight on 31 December 2019. We can help you avoid the surcharge.
Does your discretionary trust hold residential land in NSW? If so, 31 December 2019 is an important date for you. The State Revenue Legislation Further Amendment Bill 2019 was introduced to the NSW Parliament on 22 October 2019. Once law, the effect of the new legislation is to deem a discretionary trust a foreign [...]
Do you want to be more strategic in your charitable giving, make a real impact on the community and create a lasting legacy as part of your family’s story? Private Ancillary Funds (PAFs) can be a great option to achieve these goals. To help you decided whether PAF is right for you, we’ve pulled together our answers to 5 questions we are frequently asked by those considering establishing a PAF.
You would think this is obvious. Some of us can still remember our first school savings account with the State Bank, pink piggybank and all… But when you start involving companies, trusts and partnerships, things can get a little more complicated.
If you have a company then you have probably sat in a meeting with your accountant and heard the phrase 'that may raise Division 7A issues'. Everyone usually then grumbles and nodes wisely, and moves on... But you may be asking yourself, 'what the hell is Division 7A all about?' Glad you asked.
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...
In South Australia stamp duty is not payable on a transfer of real property from a trustee of a trust to a person who already has a defined beneficial interest in the property. For example, a transfer of property from the trustee of a unit trust to the unit holder. But there are a couple of tricks you need to be aware of.
In South Australia it is possible to transfer a property from a family trust to a beneficiary without stamp duty. Find out how.
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?
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.
Yes. Duty of $500 is payable on the deed that establishes a family discretionary trust (and other forms of trusts).
No. It is no longer necessary to stamp a trust deed in South Australia.
The concept of a 'bucket company' is used to describe a company into which distributions from a discretionary trust are made to cap the tax rate on the trust's income to the flat company rate of 30%.
The short answer is that it depends on whether the trustee first falls within the class of potential beneficiaries, and then whether the trustee is specifically excluded from benefiting.
All of the lawyers I’ve worked with at Andreyev Lawyers have excellent practical knowledge, and are happy to work with professionals like myself to come up with solutions for our clients.