The use of trusts in the Australian financial landscape is ubiquitous among the small and medium business sector. The taxation of trusts is complex and often misunderstood by people that operate their business or investments through a trust. Even many tax agents struggle with aspects of the taxation of trusts.
Tax & Super Australia has created a series of 8 webinars that will help you and your staff to understand about 90% of all you will ever need to know concerning this perplexing topic. The series is designed to be beneficial for both experienced practitioners and also those that are starting out in their tax accounting careers.
Session 1 - The Basics of Trusts
Friday 10 September 2021, 12:30-1:30pm Melbourne Time
This webinar is specifically aimed at tax practitioners who are beginning their careers; nevertheless, experienced practitioners are also likely to have some "light-bulb" moments as well. The session will discuss concepts that include the reasoning behind the existence of trusts, the settlor, the appointor, the trustee, beneficiaries, fixed trusts, unit trusts, discretionary trusts, the trust deed and the different types of trusts. It is critical that anyone dealing with trusts has the solid foundation that will be provided in this session.
Session 2 - Trust Distributions (Part 1)
Friday 8 October 2021, 12:30-1:30pm Melbourne Time
This session will deal with several important aspects of the taxation of trusts including the proportionate approach, legal disabilities, drafting of trust distribution minutes, non-resident beneficiaries, withholding tax, minor beneficiaries and present entitlement.
Session 3 - Trust Distributions (Part 2)
Friday 22 October 2021, 12:30-1:30pm Melbourne Time
This session will deal with what is the least understood part of the taxation of trusts – the streaming of capital gains from a trust. It will give fully worked examples of how the concept of "specific entitlement" impacts on the taxation of beneficiaries and how trust distribution minutes need to be drafted so that expensive mistakes are not made. Also, the streaming of franked distributions will be covered.
Session 4 - Trust Losses (Part 1)
Friday 12 November 2021, 12:30-1:30pm Melbourne Time
It is important to know how to deal with tax losses made in trusts. In this session we will cover non-fixed, fixed trusts and unit trusts (which are often not fixed trusts), how to be able to carry forward losses without making a family trust election, the 50% stake test, the business continuity test, control test and pattern of distributions tests.
Session 5 - Trust Losses (Part 2)
Friday 19 November 2021, 12:30-1:30pm Melbourne Time
This session will deal with family trusts, who is in the family, who is in the family group, the family control test, family trust elections, excepted trusts and the often-forgotten income injection test.
Session 6 - Trusts and CGT events
Friday 26 November 2021, 12:30-1:30pm Melbourne Time
The CGT law contains 10 separate events that can cause a capital gain or capital loss to arise in relation to a trust. In this session we will cover the events you are most likely to encounter in practice. It will include a detailed discussion on CGT event E4 which occurs when a beneficiary receives a tax-free amount in relation to their unit or interest in a trust.
Session 7 - Anti-Avoidance Provisions
Friday 3 December 2021, 12:30-1:30pm Melbourne Time
There exists a suspicion in the ranks of some in the ATO and the Treasury that anyone using trusts must be avoiding tax. Accordingly, the tax law contains a number of anti-avoidance provisions that are specifically directed at the use of trusts. These include reimbursement agreements, specific tax avoidance agreements involving trusts, provisions that deal with distributions from closely held trusts and provisions that deal with distributions to exempt entities.
Session 8 - Other Trust Issues
Friday 17 December 2021, 12:30-1:30pm Melbourne Time
This session will deal with some other important trust issues. These will include the Division 7A issues related to unpaid present entitlements of private companies, the taxation of capital gains distributed to foreign resident beneficiaries and the special provision (section 99B) that deals with the taxation of income received by a trust that has not been previously taxed.
Presented by: John Jeffreys