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Category: Capital Gains Tax

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How ‘fixed’ are your clients’ unit trusts and what are the possible ramifications for misclassifying?

There is a misconception that all unit trusts are fixed trusts. Perhaps it is because a beneficiary’s income and capital entitlements are based on their unitholdings rather than being dependent on the trustee discretion to appoint income/capital. The tax ramifications for misclassifying a unit trust as ‘fixed’ could in certain circumstances be detrimental. This article seeks to highlight potential implications for misclassification.

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Common issues arising from the small business CGT concessions

Most practitioners agree that the rules for access to the SBCGT concessions are inherently complex. This article seeks to explore some of these complexities, specifically satisfying the significant individual requirement and the importance of timing where passively held assets are used in a business of a connected entity.

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Tax issues to consider when moving overseas

The reopening of borders has resulted in an increase in people choosing to move overseas. It is, therefore, timely to revisit some of the income tax implications of such a move. In this article, we provide practical examples of doing so.

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