Tuesday, April 27, 2021

Exclusion of settlor and the notional settlor (claws) or clauses** as the case may be

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Today’s post looks at the rationale behind excluding settlors and notional settlors of trusts.  Almost all trust deeds contain a clause excl...
Tuesday, April 20, 2021

Trust disclaimers – taking the (tax) position** for the trust

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Recent posts have looked at some of the key issues to be aware of in relation to disclaimers by beneficiaries of a trust.  One other critica...
Tuesday, April 13, 2021

Sometimes** unit holders do have liability – another lesson from the leading case

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Last week’s post featured a detailed look at the decision in  JW Broomhead (Vic) Pty Ltd (in liq) v JW Broomhead Pty Ltd & Anor  (1985) ...
Tuesday, April 6, 2021

How soon is now? ** – effective trust disclaimers

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The decision in  JW Broomhead (Vic) Pty Ltd (in liq) v JW Broomhead Pty Ltd & Anor  (1985) 3 ACLC 355, is arguably most well known for t...
Tuesday, March 30, 2021

Sometimes you get kicked** Trust disclaimers … some further lessons

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As mentioned in last week’s post, a previous post has explored arguably the leading case in relation to trust disclaimers, being the decisio...
Tuesday, March 23, 2021

When amended assessments and trust disclaimers don’t mix**

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Last week’s post explored the Yazbek decision.  One of the critical aspects of the core principle from that decision is the potentially sign...
Tuesday, March 16, 2021

Sometimes** you need to ask: Who are beneficiaries under a trust deed?

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Today’s post considers the meaning of ‘beneficiary’, from a tax perspective as confirmed by the Federal Court in the case of Yazbek.  The de...