View Legal Roadshow 2019 Canberra

SCHEDULE OF THE DAY
8:30am – 9:00am Registration and arrival
9:00am – 9:45am Topic 1: 40 Forms of Trust
9:45am – 10:30am Topic 2: Company restructures – no tax, no duty, no risks
10:30am – 11:00am Morning Tea
11:00am – 11:45am Topic 3: Asset Protection – the Fundamentals; and Non-Negotiables
11:45am – 12:30pm Topic 4: Testamentary Trusts: Bespoke strategies post the Budget 2018
12:30pm – 1:15pm Optional Lunch

THE DETAILS
View's 2019 National Roadshow has been inspired by feedback from previous events and created for advisers in the tax and estate planning areas, including accountants, financial planners, risk advisers and other lawyers.
 
With events in Brisbane, Sydney, Perth, Adelaide, Canberra and Melbourne the half day presentations will be delivered by key members of the View team, including Matthew Burgess.
 
The presentations will run as ‘workshops’ and will allow for significant attendee participation, including answering of questions submitted during and ahead of each session.


The four 45 minute topics are:

TOPIC 1: 40 FORMS OF TRUST
The concept of a trust is in theory relatively simple – just involving one party (the trustee) holding assets for the benefit of others (the beneficiaries).
Given however that there are only a few core elements which must be satisfied to have a valid trust relationship, overtime advisers and clients alike have largely only been limited by their imagination about how to craft a trust deed.
This fast paced practical session explores 40 different trust structures, including:
1. The increasingly popular ‘GST’ structure
2. All key forms of protective trusts
3. Secret trusts
4. International structures
5. Perpetuity trusts
6. Legitimate tax advantaged trusts



TOPIC 2: COMPANY RESTRUCTURES – NO TAX, NO DUTY, NO RISK
This interactive presentation centered around case study examples, explores all the key aspects of company related restructures, including:
1. The asset protection, tax and commercial issues with heritage structures
2. Exploration of the specific restructure recommendations for achieving optimal asset protection and tax effectiveness
3. Unbundling of the specific capital gains tax roll-overs, including practical applications of the Sub-division 328G and Division 152 concessions
4. Overlaying the way in which stamp duty corporate reconstruction relief can assist
5. Explaining how the use of tax consolidated groups can assist in the SME environment


TOPIC 3: ASSET PROTECTION – THE FUNDAMENTALS; AND NON-NEGOTIABLES
The need to take active steps to protect assets and wealth is longstanding. Arguably however, those concerns have never been taken more seriously by a greater number of people than they are currently.
To many people, asset protection means being able to control assets or have access to assets which the person does not legally own, such that if the person is successfully sued these assets will not be available to be used to recompense the successful litigant.
However this is only one aspect of a comprehensive asset protection strategy.
This session explores the key foundations to achieving best practice asset protection, deeply exploring the often used mantras:
1. In times of peace, prepare for war
2. Begin with the end in mind
3. Prevention is better than any cure
4. Measure twice; cut once

TOPIC 4: TESTAMENTARY TRUST: BESPOKE STRATEGIES POST THE BUDGET 2018
The ongoing evolution of all aspects of estate planning has increasingly seen more creative uses of testamentary trusts.
It seems clear that the Tax Office has long viewed with scepticism the range of planning opportunities for testamentary trusts, and particularly the ability for minors to be taxed as adults under the excepted trust income regime.
With the changes announced in the 2018 Federal Budget it appears the Tax Office will achieve a significant narrowing of the flexibilities previously enjoyed by testamentary trusts.
This session will explore the key issues for advisers in the estate planning space due to the rule changes, including:
1. Tax treatment of each asset class owned via a testamentary trust
2. What the rules and leading cases currently say in relation to excepted trust income
3. How will superannuation death benefit payments be treated under the new rules
4. What steps should be taken in relation to any wills containing testamentary trusts
5. Impact of the rule against perpetuities and vesting of testamentary trusts