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Practical issues with trusts – Part B paper


This paper covers:

  • streaming franking credits through trusts – Thomas
  • effectiveness of conditional trustee distribution resolutions – Lewski
  • disclaimer/renunciation of trust interests and/or trust income – Lewski and Smeaton
  • Quistclose trusts, unfair preferences and the transfer of property by an insolvent – Rambaldi
  • Subdivision 126-A (marriage/relationship breakdown rollover) – Sandini
  • fixed trusts for NSW land tax
  • fixed trust for income tax purposes.

Author profiles

Dung Lam CTA
Dung is a Principal at West Garbutt and is based in Sydney. Dung has more than 20 years of experience in advising corporates, small-to-medium enterprises, high net worth individuals, professional firms, accountants, financial planners and their clients, on a variety of taxes including income tax, capital gains tax, GST and state taxes such as duty, payroll tax and land tax. Dung also has extensive experience advising on taxation trusts, estate planning and superannuation issues in the SMSF arena. Dung is a Chartered Tax Adviser, full member of the Society of Trusts and Estate Practitioners, an accredited Specialist in Business and Personal Tax with the NSW Law Society, among others. Dung advises a broad range of clients, including corporates, small-to-medium enterprises, high net worth individuals, professional firms, accountants, financial planners and their clients. - Current at 15 June 2022
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Elizabeth Burnheim
Elizabeth is a tax lawyer at Coleman Greig Lawyers, specialising in tax, superannuation, estate planning and trust law. Elizabeth draws upon her taxation, superannuation and trust law expertise to provide her clients with in-depth and wholistic estate planning. She has assisted many clients with structuring and shaping their various inter vivos entities and interests (including superannuation) in a manner which is consistent with their estate plan, whilst also achieving optimal taxation outcomes. In addition to her estate planning work, also assists clients with the management of their tax audits, objections and appeals and has achieved many successful outcomes, specifically in the areas of payroll tax, land tax and superannuation guarantee charge. - Current at 02 March 2021
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Oscar Dougherty FTI
Oscar practices in taxation advisory and controversy matters. Oscar has worked with clients on issues across the taxation landscape throughout a broad variety of industries within both the private (both large/multinational listed corporations and private clients) and public (both federal and state) sectors. Having worked in both legal practice and the taxation practice of a Big Four professional services firm, Oscar understands the practical realities faced by his clients and breaks down complexities to ensure the most efficient and effective outcomes for his clients. Oscar has undergraduate and postgraduate legal qualifications, and is a Fellow of the Tax Institute. - Current at 11 August 2022


This was presented at NSW 11th Annual Tax Forum .

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Individual sessions

The taxation of cryptocurrencies

Author(s):  Peter MURRAY,  Joni PIROVICH

Materials from this session:

Have your client’s assets suddenly (and unexpectedly) been frozen/restrained under Proceeds of Crime Act orders?

Author(s):  Christopher CATT

Materials from this session:

The economy in 2018/19

Author(s):  Gareth Aird

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The global world of superannuation

Author(s):  Chris Balalovski

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Myth busting SMSF reforms implementation and ATO SMSF review activities

Author(s):  Mark WILKINSON,  Tara McLachlan

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Update on trusts

Author(s):  Jay Prasad

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