Clients falsely believe that Unit Trusts are immune to the foreigner surcharge stamp duty and land tax rules They think, “Since the Unit Trust is a fixed trust, the regulator can see that the unitholders are Australian. We are safe.” Be careful. The rules for Unit...
At their death, the client may wish to leave the assets in their Will to the existing Family Trust. This is because they want to use the accumulated tax losses in the Family Trust. Can you soak up losses in your Family Trust by moving dead people’s assets into...
Active Consent in Corporate Governance: Mitigating Coerced Directorships through Annual Re-Verification Submission by: Adjunct Professor Dr Brett Davies SJD, MBA, LLM, LLB, BJuris, Dip Ed, BArts(Hons) Adjunct Professor, The University of Western Australia &...
Couple relationship options 26 November 2025 | Estate planning and trust law | Family law Practitioner Article By: Barbara Smith AM, Dr Ed Koken and Dr Brett Davies There are three types of couple relationships in Australia where two people are in a romantic or sexual...
Withdrawing wealth from your proprietary limited company is difficult. Australian tax law, particularly the tortious Division 7A rules, is designed to keep wealth ‘trapped’ inside the corporate structure. Your company is a separate legal person. The...
