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Recorded Webinars

Recorded Webinar: Capital Gains and Non-Resident Beneficiaries - There is an Exception to Every Rule

It could be said that a general rule is that non-residents are not taxed on capital gains that relate to non taxable Australian property. However, the Greensill case throws up an exception when that gain flows to the non-resident from a resident discretionary trust. This session
PRESENTED BY Andy Milidoni Partner - Johnson Winter & Slattery , Sydney

Date/Time

About the Webinar

It could be said that a general rule is that non-residents are not taxed on capital gains that relate to non taxable Australian property. However, the Greensill case throws up an exception when that gain flows to the non-resident from a resident discretionary trust. This session explains the key issues, including:

  • Capital gains under Div. 855 ITAA 1997 in relation to:
  • fixed trusts
  • discretionary trusts
  • Is the source concept relevant (TD 2019/D7)?
  • What situations do not attract CGT event E5 when a beneficiary becomes absolutely entitled to a CGT asset of a trust?
  • Are double tax agreements relevant in these scenarios?
  • 2021-22 federal budget proposal for residency rules – what is the impact?
  • What situation is the trustee assessed under sec. 98 ITAA 1936?
  • A review of Peter Greensill Family Co Pty Ltd (trustee) v Commissioner of Taxation [2020] FCA 559
  • Practical examples

Presented By

Andy Milidoni
Partner, Johnson Winter & Slattery Sydney, NSW

Andy specialises in all aspects of taxation and revenue law, trust law and some aspects of superannuation law.  He routinely advises on trust matters including those arising from estate planning, wealth and business structuring.

Andy has acted for clients in respect of private ruling applications and their tax disputes with both the ATO and the State Revenue Offices in respect of income tax, GST, stamp duty, payroll tax and land tax matters.

Who Should Attend?

This webinar is suitable for accountants and lawyers advising in taxation matters – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Registered live webinar delegates will receive a CPD certificate for attendance at this webinar. Accountants can claim up to 1 CPD/Training hour. Lawyers can claim up to 1 CPD unit/point – substantive law . This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

WA lawyers please note: – From 1/4/2021, due to changes to your CPD requirements we are unable to verify your completion of recorded webinars to the Legal Practice Board of WA.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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