2024 Trust Series – Part 4 (webinar recording)


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For individuals and small businesses, the use of trusts is widespread for a range of reasons. They can be exceptionally advantageous if used correctly, however, they can be complex in their design and burdensome in their obligations. It has long been said that a business structure can only be successful if the key personnel understand it – although unfortunately due to the complexity of trusts in Australia, it could be said that many trust controllers do not truly understand the nuances of the a trust.To bridge this gap, we are pleased to introduce a comprehensive series led by Joshua Goldsmith, a distinguished expert in tax and legal matters. This four-part series aims to provide an exhaustive exploration of trust essentials, tailored to accommodate both seasoned professionals and newcomers to the realm of taxation. Through these instructive sessions, participants will garner the requisite knowledge and insights to navigate the complexities of trusts with informed confidence.


The integrity and anti-avoidance rules applicable to trusts

The fourth and concluding instalment of this enlightening series is designed to tackle the increasingly salient subject of anti-avoidance provisions as they apply to trusts. This will include a discussion around Section 100A – the law as it stands, the ATO’s view of the law, and what it means for you in practice. There is no doubt that the ATO has put a target on trust arrangements but that is not to suggest that they cannot still be used effectively. There are a number of lesser known (but equally relevant) anti-avoidance provisions, as well as the general anti-avoidance provision in Part IVA, that can apply unfavourably to trusts. The aim of this final session is to provide a well-rounded perspective on anti-avoidance mechanisms, empowering participants to navigate these regulatory intricacies with informed caution and strategic finesse within the context of Australian tax law.

Key Learning Objectives:

  1. Fundamental Trust Concepts: Gain an in-depth understanding of the essential principles and mechanics underpinning trusts, including their varied types and inherent advantages and disadvantages.
  2. Taxation Implications: Acquire comprehensive knowledge of the tax impact of different types of trust income, including capital gains, franked distributions, and other forms of net income.
  3. Trust Loss Rules: Master the intricate regulations surrounding the carrying forward of capital and revenue losses in trusts, as well as the tests required to claim such deductions.
  4. Anti-Avoidance Provisions: Develop a keen understanding of Section 100A and other anti-avoidance provisions, including the general anti-avoidance rule in Part IVA, that have implications for trusts.
  5. Practical Application: Learn how to apply these principles effectively in real-world scenarios, including best practices for compliance and maximising the benefits of trust structures.
  6. Regulatory Landscape: Gain a comprehensive overview of the Australian Taxation Office’s perspective on trusts, thereby equipping you to better navigate regulatory scrutiny.
  7. Latest Trends and Developments: Stay updated with the most recent changes in laws and regulations affecting trusts in Australia.

Who should attend?

  • Accountants and Tax Consultants
  • Financial Advisors and Planners
  • Auditors
  • Legal Professionals

Why This is a Must-Attend:

Attending this webinar series is imperative for professionals navigating the multifaceted terrain of trusts and taxation within the Australian context. Presented by Joshua Goldsmith, an eminent tax and legal expert, the series provides a holistic, 360-degree exploration of trusts, blending theoretical rigour with actionable insights for immediate application in professional settings. Its curriculum has been crafted to suit both newcomers and experts, offering invaluable learning outcomes for a broad audience. Amid increasing scrutiny from the Australian Taxation Office, the webinar series serves as a timely resource for compliance and optimal planning. Beyond the wealth of knowledge, attendees will  gain access to invaluable reference materials, and are eligible for Continuing Professional Education (CPE) points per session. Given these learning objectives and benefits, this webinar series represents a comprehensive, timely, and highly valuable educational opportunity for professionals engaged in the complexities of trusts and taxation in Australia.


Presented by:
Joshua Goldsmith

Joshua Goldsmith is a senior lawyer specialising in taxation and commercial advisory. Joshua’s experience is broad and diverse including advising family groups, small cap listed and private companies, and high net wealth individuals. Joshua was a finalist in Lawyers Weekly 30 Under 30 awards (for Taxation) in 2021 and a winner of the Australian Lawyer Rising Star award in 2022, acknowledging that he is a rising star in the tax and legal profession. He is a regular presenter and facilitator at tax related seminars and discussion groups, and has appeared on a number of tax related podcasts.