When we are approached by a client to draft a will, they are often surprised by the number of questions that we ask them that help us determine what matters they will need to consider beyond the drafting of their will. We set out below a list of issues that [...]
The High Court case of Commissioner of Taxation v Carter [2022] HCA 10 confirmed that the right to trust income is decided by the Trustee on or before 30 June of any year and any retrospective disclaiming is of no effect in respect of income taxation liability. It is noted that [...]
Other than complying legacy sub-trusts created prior to 1 July 2022, it is highly arguable that creating new sub-trusts between Trusts and companies is not sensible. If you wish to pay your income or capital to a corporate beneficiary of the Trust then you should preferably pay it out to [...]
With a team led by our Tony Pointon, Pointon Partners are very pleased to have assisted Australian Bio Fert Pty Ltd in a JV with Incitec Pivot Fertiliser Ltd in respect of the creation and delivery of a new category of sustainable fertiliser. Mark Frecheville of ABF: “Incitec Pivot Fertilisers (IPF) [...]
The Research and Development Tax Incentive (R&DTI) has been in operation since 1 July 2011. The purpose of this initiative is to encourage innovation entities to grow and elevate their creative projects in Australia. The Department of Industry, Science, Energy and Resources (AusIndustry) and the Australian Taxation Office (ATO) regulate the [...]
To move from your existing structure to the better structure you need to consider the income tax rollover provisions available and the stamp duty implications that are applicable. The most common income taxation rollovers that provide for capital gains tax deferral, that need to be considered are: 615 – Rollovers [...]
Following from our earlier articles on Restructuring, we now discuss the importance of the separation of assets within a business structure. Business structures should always attempt to separate business assets of worth, such as property or even a trademark intellectual property, from the conduct of the business. Issues such as [...]
Following from Part 3 and the basic building blocks article, we turn our attention to analysing the three trust structure alternatives Unit Trust, Hybrid Trust and Partnership Trust. Unit Trust Please select the attachment below. Unit Trust Classic Trust/Hybrid Trust: Please select the attachment below. Classic.Hybrid Trust Partnership of Trusts: [...]
Welcome to Part 3 of our restructuring series. In Part 1 we looked at basic factual and issues and special issues that can influence the best structure and in Part 2 we analysed in table form how these issues worked for each structural component, be it a trust or company. [...]
Welcome to Part 2 of our restructure series. We have discussed in Part 1 of this series, why restructuring is so common and so important to consider for all businesses including asset protection reasons. We discussed the basic factual issues and special issues that can influence the best structure for [...]
