Recorded Webinar: Trust Vesting and TR 2018/6: The Questions Remain


17th January 2020
Duration:  approx. 1 hour

You've spoken and we've listened. From 1/8/19 we've structured most of our webinars to run for one hour - the ideal length for staff training sessions. And, for most of you the webinars will be held at lunchtime - the ideal time for attending live webinars.
While TR 2018/6 on trust vesting was keenly awaited, the approach taken by the ATO has raised a number of questions which remain unaddressed. This session explores the implications of TR 2018/6 in relation to trust vesting, and how advisers can navigate the issues that still remain. It covers:

  • What’s missing from TR 2018/6:

    • Reconciling FCT v Oswal [2012] FCA 1507 to ATO views on absolute entitlement

    • Why can’t a power of retrospective amendment authorise the extension of a vesting date?

    • Can a trust be amended to become a South Australian trust and thereby eliminate the vesting date?

    • What happens if the trust deed is lost and the vesting date is unknown?

  • What if you keep running the vested trust as a fixed trust?

    • Retain as a shell and keep administering?

    • What are the tax consequences if there are no default beneficiaries?

  • Issues to consider when trust has vested for a period of time without parties becoming aware:

    • How to tidy up the intermediary period between vesting and awareness

    • What happens if a default beneficiary passes away after the vesting of the trust but before the parties become aware of vesting

    • Balancing the ATO’s view against the trustee’s view against the beneficiaries’ views

Recorded Webinars,Taxation,Recorded Webinar:  Trust Vesting and TR 2018/6: The Questions Remain

Neil Brydges, Principal Lawyer, Sladen Legal, Melbourne  

Neil is a Principal in Sladen Legal’s tax group. Neil practises in all areas of direct and indirect tax with a particular focus on the taxation of trusts, corporate income and capital gains tax, mergers and acquisitions, and Division 7A.

Neil has also advised extensively on cross border taxation issues and the GST implications of transactions and dealings in the development of property. Using his technical tax knowledge, Neil works with clients to obtain commercial and practical outcomes. He has particular experience in dealing with the Australian Taxation Office on complex tax issues in a dispute resolution context.

Neil is a keen and active member of the tax community. As well as presenting on tax topics at various sessions, he has authored and co-authored several published articles, papers, and bulletins. Neil is an Accredited Specialist in Taxation Law and Chair of the Tax & Revenue Law Committee with the Law Institute of Victoria and a Chartered Tax Advisor and member of the SME, Large Business & International, and GST Technical Committees with The Tax Institute. 

Recorded Webinars,Taxation,Recorded Webinar:  Trust Vesting and TR 2018/6: The Questions Remain

Daniel Diaz, Barrister, Victorian Bar, Melbourne

Daniel practises in taxation and commercial law. In his taxation practice, Daniel’s clients include government, multinational corporations, private enterprises and high-wealth individuals. Daniel has particular expertise in international tax, especially transfer pricing and residency. He is regularly briefed to provide advice regarding the application of taxation laws.

In his commercial practice, Daniel has appeared in a diverse range of matters including disputes arising under the Australian Consumer Law, the enforcement of loan agreements and the administration of trusts. His skills in taxation lead him to be briefed in matters concerning complex questions of statutory construction; see for example Owners Corporation RP 3454 v Ainley [2017] VSC 790.


This webinar is suitable for accountants and lawyers advising in taxation matters – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email:
Recorded Webinars,Taxation,Recorded Webinar:  Trust Vesting and TR 2018/6: The Questions Remain

© Television Education Network Pty Ltd 2020

Product Code: WBAJAN20
 Price:  $264.00 (Inclusive of GST)
© 2020 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.