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Trusts

This Month

“It will cause people to revisit the way they use family trusts and company structures for funding investments and business operations,” tax partner Michael Parker says.

‘Game changer’ tax ruling may lead to refunds for family trusts

The AAT ruling potentially questions the past 14 years of tax treatment of about 971,000 family trusts, most of which have corporate beneficiaries.

  • Duncan Hughes
Your super questions answered.

A family trust strategy to deal with the $3m super tax

The first hurdle is that to both access your fund and withdraw lump sums, you must satisfy a condition that allows this – either retiring or turning 65.

  • John Wasiliev

September

One family trust and three kids – what can go wrong?

What happens when one son doesn’t need the capital, another wants to develop a property with a huge loan and the daughter needs money ASAP for a new home.

  • Peter Townsend

August

Australia’s tax system has a problem with the egregious use of tax minimisation schemes.

Level the tax-raising playing field

The government’s crackdown passes the pub test. But the revenue lost through the most egregious tax avoidance schemes is dwarfed by the amounts whisked away through perfectly legal means.

  • Robert Breunig

July

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In the Forrest family empire, it’s all a matter of trust

Andrew and Nicola Forrest’s sprawling private empire was incorrectly applying a key clause of the Corporations Act for years. So who’s in charge now?

  • Peter Ker and Brad Thompson
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Allan Myers is battling again to try to preserve the independence of family trusts from divorce property settlements.

Can Allan Myers save rich, divorced men?

The long-time member of the Melbourne establishment is mounting what may be a last-ditch defence of the family trust.

  • Aaron Patrick

June

AFR

Fury as small business owners face 73pc rise on shareholder loans

Rates set at 8.3pc under Division 7A – intended to stop profits going tax-free to private company shareholders – means they’ll feel the squeeze.

  • Duncan Hughes

Three family trust ploys the ATO is targeting in $1b crackdown

Under fire are deals to disguise profits as losses, overseas tax scams and trustees playing fast and loose with the rules.

  • Duncan Hughes

When investment company is better than a family trust

We set out the key steps in growing family wealth through a company to avoid extra tax once the $3 million super cap kicks in.

  • Michael Hutton

May

How family trusts and companies can help you avoid new super tax

Changes targeting balances over $3 million, set to be announced in next week’s budget, are forcing investors to review their strategies.

  • Duncan Hughes

April

Simon Mawhinney, Allan Gray CIO, pocketed a healthy dividend after the fund manager grew management fees to $42m from $26m in 2021.

Allan Gray logs big gains in fees; doubles dividend to $20m

The local fund manager banked investment management fees of $42.4m at the end of 2022, up from $26m a year earlier.

  • Aaron Weinman
Family trusts can be complicated.

Seven reasons to gift your estate to a family trust (and three not to)

Testamentary trusts are the favoured vehicle for estate planning but it’s worth exploring an alternative if you already have a family trust.

  • Peter Townsend

Family trusts the next step after $3m super crackdown

Where considerable wealth is being invested outside super, entities including trusts or personal investment companies can make sense.

  • Michael Hutton

March

Investors are turning to alternative assets and strategies that offer comparable tax breaks and greater flexibility.

How to avoid family wealth being lost to new super tax

Asset transfers, trusts and low-tax investment bonds are some options being considered to protect inheritances.

  • Duncan Hughes

Super workarounds: what to do with $3m-plus balances

Choices range from setting up a family trust or transferring savings into kids’ superannuation accounts to moving the biggest investments into private company structures.

  • Hannah Wootton
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February

Hope Margaret Hancock Trust has been the subject of a dispute between Gina Rinehart and family members.

How to avoid a Rinehart-style family trust dispute

It is critical that members of a family trust know what is to happen to trust assets if any of the key people die.

  • Peter Townsend
The federal government has provided additional funding for the ATO to extend its tax avoidance taskforce to scrutinise wealthy individuals for tax avoidance.

ATO turns screws on popular trusts amid tax evasion claims

Complex trust structures are under renewed scrutiny as the tax office breathes new life into old anti-avoidance laws.

  • Duncan Hughes

December 2022

Court cracks down on income payments by family trusts

This is what you need to do to prevent your assets coming under fire from estranged family members.

  • Duncan Hughes

November 2022

ASIC deputy Karen Chester expected responsible entities to “meaningfully” supervise their funds, describing them as industry “gatekeepers”.

More funds fall foul of ASIC over dodgy marketing

Australia’s corporate watchdog says trustee oversight of fund marketing must improve.

  • Emma Rapaport
Estate planning specialist Tara Lucke says lending capital from a testamentary trust can be useful in asset protection.

Why this inheritance trick is not just for the rich

Want to provide income to your grandkids or worried your child’s partner will walk off with part of your estate? This is what to do.

  • Duncan Hughes