13 April 2023
Register from 8:30AM for 9:00 AM - 12:15 PM
2.75 CPD hours
Part 1: Trusts
This seminar is vital for any accountant or lawyers practice includes advising clients with trusts. Dr Bender will examine important recent developments in case law and administrative approaches to trusts, including:
- Recent scrutiny of a trustee’s discretion under the general anti-avoidance provisions (Minerva Financial Group Pty Ltd v FCT [2022] FCA 1092) and having appropriate regard to the nature and purpose of the trust and to the circumstances of potential beneficiaries (Owies and Owies v JJE Nominees Pty Ltd (CAN 004 856 366) (in its capacity as trustee for the Owies Family Trust) [2022] VSCA 142)
- The rule against perpetuities, having regard to statutory modification of the perpetuity period and whether a trust deed contained a ‘date certain’ (Application by Perenna Nominees Pty Ltd [2022] VSC 193)
- What happened when a company bought back its shares from a trust which then sought to distribute a fully franked dividend to a corporate beneficiary and retain an amount as corpus? (Bblood Enterprises Pty Ltd & Anor v FC of T [2022] FCA 1112)
- Increasing regulatory focus (including by the ATO Tax Avoidance Taskforce — Trusts) on tax avoidance and evasion arrangements using trust structures.
- The Full Federal Court's decision in Commissioner of Taxation v Guardian AIT Pty Ltd v Australian Investment Trust [2023] FCAFC 3 relating to the application of Part IVA and s 100A to a trust distribution arrangement will be considered.
Part 2: Advising Clients in Financial Distress
- Statistical insolvency trends and industry issues
- Solvency
- Indicators of financial distress
- Common issues encountered by advisors
- Options in insolvency
- War stories and tips
Speakers
Dr Phillip Bender, ATI, Victorian Bar
Travis Anderson, Deloitte
