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Advanced trusts : (selected topics) by Denham Martin

By: Martin, Denham | Denham Martin & Associates.
Series: Continuing Education course paper (NZSA). Publisher: Wellington, New Zealand NZSA 1995Description: 92 [33] p. : ill. 30 cm.ISBN: 0908976682.ISSN: 0113-986X.Subject(s): TRUSTS | TAXATION | TAX PLANNING | TRUSTS
Contents:
INTRODUCTION: Overview ; Contents of Course and Paper ; Key themes being advanced ; KEY QUESTIONS OF PRINCIPLE AND PRACTICE: " Single" or "cross" trust? ; Certainty matters ; Certainty of objects ; Could a trust ever be set aside because it is a sham? ; Interests of discretionary beneficiaries ; Acting as a fiduciary|Trustees ability to prefer particular beneficiaries ; Number and status of trustees ; Power of resettlement ; Giving effect to the settlor's intentions ; Trusts established for recreational purposes ; Trusts established for benevolent, cultural, and philanthropic purposes ; The application of section 61(27) ; TRUSTS FOR ASSET PROTECTION PURPOSES: Overview ; Section 60 of the Property Law Act 1952 ; Other bases for impugning an alienation of assets ; Position of advisers ; Offshore trusts ; Key themes being advanced ; TRADING TRUSTS: Overview ; Description ; Issues arising out of using trading trusts ; Key themes being advanced ; LICENCES TO OCCUPY: Overview ; Objectives ; Legal nature of licence to occupy ; Taxation issues|Non-tax issues ; Mechanics of the arrangement ; Step one - creation of lease for life ; Step two - transfer of reversion to trust ; Key themes being advanced ; MISCELLANEOUS ISSUES: Forgiveness of debt ; Imputation credits ; Marshall clauses ; Associated persons ; New Zealand superannuitant surcharge ; Goods and Services Tax ; Foreign investment fund regime ; Constructive trusts ; Educational trusts ; CONCLUSION
Summary: The focus of this Course is on the use of trusts in certain specific commercial, private and taxation situations. In particular, the Course examines the use of trusts for: asset-protection - legitimacy of the trust as an asset-protection device; trading trusts - the advantages and disadvantages of this form of business structure are considered in detail, including the use of corporate trustees; taxation considerations - trusts have always been perceived as creating advantages from a tax minimisation perspective; offshore trusts; and other topical issues such as licences to occupy in conjunction with trusts, and "mirror" compared to "sole" trusts.
Item type Home library Call number Vol info Status Notes Date due Barcode Item reserves
CA Course/Conference Paper - NZ CA Course/Conference Paper - NZ New Zealand
S.447 (Browse shelf) S.447 Not For Loan Historical collection: If you would like to borrow this publication please email us.
Total reserves: 0

INTRODUCTION: Overview ; Contents of Course and Paper ; Key themes being advanced ; KEY QUESTIONS OF PRINCIPLE AND PRACTICE: " Single" or "cross" trust? ; Certainty matters ; Certainty of objects ; Could a trust ever be set aside because it is a sham? ; Interests of discretionary beneficiaries ; Acting as a fiduciary|Trustees ability to prefer particular beneficiaries ; Number and status of trustees ; Power of resettlement ; Giving effect to the settlor's intentions ; Trusts established for recreational purposes ; Trusts established for benevolent, cultural, and philanthropic purposes ; The application of section 61(27) ; TRUSTS FOR ASSET PROTECTION PURPOSES: Overview ; Section 60 of the Property Law Act 1952 ; Other bases for impugning an alienation of assets ; Position of advisers ; Offshore trusts ; Key themes being advanced ; TRADING TRUSTS: Overview ; Description ; Issues arising out of using trading trusts ; Key themes being advanced ; LICENCES TO OCCUPY: Overview ; Objectives ; Legal nature of licence to occupy ; Taxation issues|Non-tax issues ; Mechanics of the arrangement ; Step one - creation of lease for life ; Step two - transfer of reversion to trust ; Key themes being advanced ; MISCELLANEOUS ISSUES: Forgiveness of debt ; Imputation credits ; Marshall clauses ; Associated persons ; New Zealand superannuitant surcharge ; Goods and Services Tax ; Foreign investment fund regime ; Constructive trusts ; Educational trusts ; CONCLUSION

The focus of this Course is on the use of trusts in certain specific commercial, private and taxation situations. In particular, the Course examines the use of trusts for: asset-protection - legitimacy of the trust as an asset-protection device; trading trusts - the advantages and disadvantages of this form of business structure are considered in detail, including the use of corporate trustees; taxation considerations - trusts have always been perceived as creating advantages from a tax minimisation perspective; offshore trusts; and other topical issues such as licences to occupy in conjunction with trusts, and "mirror" compared to "sole" trusts.

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