Related party loan structuring for asset protection

19 July 2016 Topics: Tax and revenue, Professional advisers, Estate planning, Personal Property Securities, Agribusiness, Tax disputes

In most closely held groups there will be amounts owing between entities within the group or to and from family members. It is important to ensure that any loans to ‘at risk’ entities are appropriately protected and that assets (including loans) do not build up in the entities and individuals that are at risk. This paper outlines a number of strategies to protect loans from claims from an asset protection and estate planning perspective and considers the potential application of the Bankruptcy Act and the requirements of the PPSA legislation.

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