RECORDED WEBINAR: Stamp Duty on Trust Resettlements and Group Reorganisations

Thursday 26th February 2015
Duration: approx. 2 hours
 
1.  Stamp Duty and Trust Resettlements
 
With Clark’s case squarely focusing CGT on resettlements, it’s easy to forget their stamp duty implications.  Different states have different approaches to the subject.  This presentation reviews the rules with the aim of providing guidance on what changes to trusts might cause resettlements and the implications of that, including:
  • The nature of a resettlement – Clark’s case, Buckle’s case and other authorities
  • Does Oswal’s case change the meaning of settlement?
  • State Duties legislation and resettlements – do the statutes change the common law position?
  • Specific problems – NSW Duties Act  s. 8(2), SA Duties Act
  • If there is a resettlement, what are stamp duty consequences?
  • Can resettlements be subject to conveyance duty?
2.  Corporate Reconstructions
 
Corporate reconstructions and reorganisations, both public and private, can very easily run foul of the State duty.  This presentation reviews the key rules and differences between the States in relation to reconstruction relief, including:
  • The nature of reconstruction relief generally
  • What constitutes a group for these purposes – entities included – companies, trusts etc.
  • Criteria for relief:
    • the purpose test – what is it and how does it apply
    • the pre and post association test – three year rule
  • Case law on reconstruction relief, including Orica
  • Estate planning reorganisations – do they qualify for relief?
This webinar is suitable for lawyers and accountants advising on stamp duty and in-House tax counsel –Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.
 
PRESENTED BY: Andrew Rider, Barrister, Level 22 Chambers, Sydney
 
Andrew Rider specialises in taxation laws and regularly appears for both tax offices and taxpayers in the various Federal and State courts and tribunals. In addition to his appearance work, Andrew advises extensively on taxation laws, including CGT, income tax, GST, fuel tax, stamp duties, payroll tax and land tax.
 
Prior to commencing practice at the Bar, Andrew was a solicitor in private practice for 12 years advising on the taxation aspects of a wide range of commercial, property and financing transactions.
 
Prior to commencing work as a solicitor, Andrew was an Associate to Justice Michael Kirby.
 
Over the years, Andrew has lectured in taxation laws at the University of Technology, Sydney and edited the leading Australian stamp duty publication “Australian Stamp Duties Law”. Andrew is a Chartered Tax Adviser with The Tax Institute (formerly the Taxation Institute of Australia) and a member of The Tax Institute/Office of State Revenue Liaison Committee.
 
© 2014 Television Education Network Pty Ltd.  All rights reserved. The program for this webinar is copyright and may not be reproduced in any form without the prior written consent of the copyright owner.
Product Code: WB10FEB15
 Price:  $242.00 (Inclusive of GST)
© 2018 Television Education Network Pty Ltd. All rights reserved. The program for this webinar is copyright and may not be reproduced in any form without the prior written consent of the copyright owner.