Recorded Webinar: The Death Knell for Trust Splitting? The ATO Finally Releases its Views


4th September 2018

Duration:  approx. 2 hours

In TD 2018/D3, the ATO has recently released its position on trust splitting – and its future certainly looks bleak. With the changes slated to be retrospective, it’s essential that you understand them fully, as they will affect clients who have already done trust splits, as well as those who want to divide interests in the future. This webinar closely examines TD 2018/D3 and its implications for advisers. It covers:

  • The ATO’s position explained – the key elements:
    • separate trustees over separate assets
    • separate classes of beneficiaries to benefit from the classes of assets
    • rights of indemnity segregated
    • separate appointors
  • Why the ATO believes a trust split triggers CGT event E1
  • Is TD 2018/D3 in line with case law?
  • Practical effect – what assets are disposed of and how are gains calculated under CGT event E1?
  • Status of private rulings previously published by the ATO on trust splitting
  • Advising clients with existing trust splits:
    • are they on all fours with the determination?
    • if not will the determination continue to apply?
  • What to do in the future when clients want to separate interests
    • trust splits with different characteristics – eg no indemnity segregation – joint appointor control etc
    • contractual arrangements – risk of fettering the trustee’s discretion etc
    • use of rollovers and concessions
Recorded Webinars,Taxation,Recorded Webinar:  The Death Knell for Trust Splitting?  The ATO Finally Releases its Views

Matthew Burgess, Director, View Legal

Matthew Burgess co-founded specialist firm View Legal in 2014, having been a lawyer and partner of one of Australia’s leading independent law firms for over 17 years. Matthew’s passion is helping clients successfully achieve their goals.

Matthew specialises in trusts, tax, estate and succession planning, providing strategic advice to business owners and high net worth individuals, and has been recognised in the ‘Best Lawyers’ list since 2014 in relation to trusts and estates and in Doyles’ personally or as part of view since 2015 in relation to taxation and since 2017 in relation to wills, estates and succession planning.

While a significant focus of Matthew’s practice is on small to medium enterprises and private business owners, the growth in this area in recent years has meant that he also regularly works on transactions with listed companies.


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:

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Product Code: WBUSEP18
 Price:  $253.00 (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.