Courts keep saying Gift & Loan-Back schemes don’t work

Business owners, company directors, and professionals like dentists and engineers face financial risks due to their work and responsibilities. Their vulnerability to bankruptcy is heightened by exposure to liability, unpredictable market conditions, and the risks of...

Papua New Guinea’s Tax System for Australians

Navigating the Tax Landscape: A Guide to Understanding Papua New Guinea's Tax System for Australians PNG tax system - an Australian perspective This guide aims to provide Australians with an in-depth understanding of the tax system in Papua New Guinea (PNG). As...

Changing the jurisdiction of a trust

An Australian trust exists under state law. So your trust may be under the laws of a state. E.g. New South Wales, Victoria, Northern Territory or any other state or territory. This is called the trust's 'jurisdiction'. Can you change the 'jurisdiction'? Changing the...

CGT Event E4: Tax Timing Adjustments and the Risk of Double Taxation in Unit Trusts

CGT Event E4: Tax Timing Adjustments and the Risk of Double Taxation Professor Brett Davies from Legal Consolidated emphasises the importance for practitioners to stay informed about CGT event E4. This is particularly true when dealing with unit trusts. This event may...

UPEs Not Deemed Loans for Div 7A Purposes: Bendel and FCT [2023] AATA 3074

A UPE is not a 'Loan' for Div 7A Purposes: Bendel and FCT [2023] AATA 3074 Bendel and FCT - the ATO loses with egg on its face Bendel and FCT [2023] AATA 3074 sheds light on the treatment of Unpaid Present Entitlements (UPEs) under Division 7A of the Income Tax...

Amending a Testamentary Trust After the Will Maker Dies

  Amending a Testamentary Trust after the Will Maker Dies In Australia, the legality of altering a testamentary trust after the Will Maker's death can be intricate. It's essential for both Will Makers and potential beneficiaries to comprehend the rules and...

Electronic signing of documents does not work. Sign all documents with a wet signature.

Professor Davies declares NSW electronic Will signing law a failure NSW reckless in its failed attempt to allow people in NSW to sign Wills electronically. As of 22 April 2020, in NSW, video conferencing technology like Skype, WhatsApp, FaceTime and Zoom are used in...

What happens to my HECS Debt when I Die?

What happens to my HECS Debt when I Die? The executor of your Will lodges all outstanding tax returns. This is up to the date of your death. If the Notice of Assessment includes a compulsory HECS debt repayment, your Executor pays it out of your estate. Apart from...