With increased ATO audit activity in relation to trusts, it is critical that annual trust resolutions are correct and can hold up under intense ATO scrutiny.
Drawing on audit war stories from her former role as an ATO Assistant Commissioner, CGW special counsel Joanne Casburn, alongside tax partner Linda Tapiolas and special counsel Tom Walrut, will guide you through an adviser’s checklist for preparing trust resolutions, including:
- Has the trustee made an FTE or IEE and why is this important?
- Do the trustee and the beneficiary satisfy the holding period rule to be eligible to claim franking credits?
- Are resolutions done on time and in accordance with the terms of the deed?
- What needs to be considered when defining ‘trust income’?
- How do we handle small business CGT concessions and streaming of franked dividends and capital gains?
- What is the impact of the Bendel decision on UPEs?
- How does Section 100A apply, including the dreaded ‘reimbursement agreements’?
- What are the Part IVA considerations?
We hope you can join us.