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Present entitlement and trusts – what does it mean?
Explore the High Court’s interpretation of “present entitlement” under the Income Tax Assessment Act 1936 (Cth). Learn when a person has a vested interest in trust assets and how the trustee’s discretion affects the beneficiary’s entitlement.
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What is a bare trust?
This article explores the taxation implications of setting up a Bare Trust, from income tax to capital gains tax and beyond. Learn more about the duties of a Trustee and the considerations to keep in mind when creating a Bare Trust.
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Do beneficiaries have a right to the trust deed?
This article explores a beneficiary’s right to access a Trust Deed, including the Trusts Documents Rule, what Trust Documents a beneficiary is not entitled to, their rights under the Trusts Act 1973 (Qld) and Queensland’s affirmation of the common law principles.
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Transfer Duty and issuance of units in a unit trust
Discover how Queensland transfer duty is applied to dutiable transactions and what it means for your trust. Click through to the article for a comprehensive guide to the Duties Act 2001 (Qld).
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Eligibility for the Trust Restructure Rollover
Thinking of restructuring your trust for some reason? While there are certainly a number of commercial benefits in transitioning from a trust into a company, a common pitfall is failing to acknowledge potential liability for Capital Gains Tax (CGT) or address potential liability for state based transfer duty (Stamp Duty).
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Trust restructures – relief from capital gains tax
Learn how to avoid or reduce Capital gains tax (CGT) and other taxes when transitioning from a Unit Trust to a company structure. Find out what you need to know about a Trust Restructure Rollover pursuant to Division 124-N of the Income Tax Assessment Act 1997 (Cth).
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Re-settlement of trusts – towards a definitive test
The Copyright Act 1968 (Cth) has been amended to allow copyright owners to apply to the Federal Court to block access to infringing websites or online locations outside Australia, and to stop search engine providers from indexing them.
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No implied term of mutual trust and confidence in employment contracts: Implications for employers
The High Court of Australia (High Court) has determined that employment contracts in Australia do not contain an implied term of mutual trust and confidence imposing an obligation on employers to treat their employees fairly or reasonably.
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What is a Testamentary Discretionary Trust and why would I want one?
Create an estate plan that works for you and your family. Learn about the benefits of a Testamentary Trust, such as protecting your inheritance from family law and bankruptcy proceedings, and creating tax advantages for beneficiaries. Avoid the “Lamborghini factor” and find out if this structure is right for you.
Trust law
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