Structuring to Maximise Asset Protection in Uncertain Times – a recorded half-day online conference

Hear from the experts at this online lunchtime conference. You can watch it on your computer or on your portable electronic device from anywhere.

The conference will be based on our highly successful video webinar technology: there'll be a chairperson and presentations.

One registration can be shared by colleagues within the same firm utilising the same login.

THE PROGRAM

Session 1: Business Restructures - Maximising Outcomes in Asset Protection

As the economy continues to contract, it has never been more important for clients to ensure they are not operating through a structure that puts extraneous assets at risk. This session examines when you should consider a possible restructure for asset protection purposes and the key drivers for change. It covers:

• Motivations for restructure - What are you protecting yourself from?

• Who are you protecting assets from?

• Who are the affected stakeholders - family, management and/or third-party investors?

• Aligning business type to the restructure vehicle

• Identifying your current tax profile (revenue or CGT losses, Div 7A loans, UPEs)

• Tax effective structures - minimising CGT and stamp duty liability

• Use of the small business restructure rollover

• Part IVA and restructures - tax benefit and genuine business restructure

• What is the impact of a restructure on pre-CGT assets?

Session 2: Insolvency Law and Asset Protection – Examining the Law’s Power to Unwind

In a downturn market, insolvency risk is never far away. This session examines the reach of insolvency law in unwinding asset protection structuring of assets and ways in which advisers can protect clients’ assets. It covers:

• Impact of COVID-19 and update on legislative reforms

• Asset protection structures and insolvency– holding company liability in insolvent trading

• Obtaining proper security for a director or principal

• Transfer of assets to discretionary trust – Trustee’s powers of control for creditors

• Transfers to defeat creditors – the impact of S121 Bankruptcy Act

• Transferee paying consideration to third-party – Impact of s121A

• Property owned by another natural person – impact of 139A

• Impact of claw back provisions on asset protection strategies

Session 3: Testamentary Trusts – Latest Developments in Inter-Generational Asset Protection

As the economy continues to feel the effects of COVID-19, clients will be searching for secure ways to pass on family wealth. Testamentary trusts provide testators with the ability to protect assets and pass on wealth in a tax-advantaged manner. It is a rare opportunity – but it must be done right. This session looks at these key issues, including:

• Critical issues – beneficiaries, appointors and trustees
• Testamentary trusts and changes under 2018 budget:
  • concessional tax rates available to minors limitations
  • when will adult marginal tax rates apply?
  • are superannuation assets outside deceased’s estate
  • setting up a Superannuation Proceeds Testamentary Trust
• Income streaming with testamentary discretionary trusts
• Testamentary trusts and family law – trusts and property of the parties versus financial resource
• Testamentary trusts and managing bankruptcy and litigation risk
• Structuring testamentary trusts to address personal issues connected with the family:
  • vulnerable children
  • warring siblings
  • blended families
• Understanding negatives in using testamentary trusts