CPD Seminars on CD

Coming to or leaving Australia:
is there a tax problem?

Presented by Megan Field FTIA - Deloitte

Filmed 14 March 2008, National Convention 2008.

The workforce is becoming more and more mobile, and with the war for talent in Australia, businesses are attracting more individuals to Australia both on short-term assignments and permanent relocations. With this comes a range of tax issues that affect people coming to Australia and also those leaving to work overseas for a period of time.

Advisors need to be aware of the range of tax issues that affect people either leaving Australia to work overseas or coming here temporarily or permanently.

This presentation looks at some of the domestic factors to be addressed when leaving and coming to Australia including:

• Capital Gains Tax and how it applies to:
  • temporary residents
  • taxpayers leaving and coming to Australia permanently.
• Superannuation and the tax implication of:
  • departing temporary residents
  • bringing super to Australia.

Trusts: Cloning or splitting discretionary trusts and current issues in the taxation of trusts

Presentation 1: Cloning or Splitting Discretionary Trusts
Presented by Ken Shurgott FTIA, Cosoff Cudmore Knox

This presentation tackles the difficult issues thrown up when using trust splitting or cloning techniques for succession planning or wealth preservation.

Case studies are used to demonstrate the following:

• Technical problems with CGT events A1, E1 and E2
• How to ring into existence a new trust
• Shifting value to the new trust
• The incidence of stamp duty
• Keeping an eye on Part IVA.

Presentation 2: Current issues in the taxation of trusts
Presented by Mark Robertson FTIA, Barrister-at-law

This presentation deals with recent and significant changes to the Federal Court’s approach to “present entitlement to trust income”.

The following areas are highlighted:

• Present entitlements under unit trusts
• Losses and the rule in Upton v Browne
• Payment to trustees
• Recent cases including Cajkusic; Pearson; CPT Custodian; Raftland; Di Lorenzo.

Direct Gearing of Super Funds:
The Instalment Warrant Revolution

Presentation 1
Presented by: Ken Schurgott FTIA & Denis Barlin FTIA - Cosoff Cudmore Knox

Addresses the technical implications of the new rules. 

• What are ‘instalment warrants’?
• Investment restrictions
• Borrowing prohibition
• Bare trust relationship
• In-house asset test

Presentation 2
Presented by: Mark Payne FTIA Goldman Sachs JBWere

Explores the issues facing SMSF trustees in relation to:

• Gearing in super and the impact on investment strategy, cash flow, risk and return.
• Comparison of instalment warrants and margin lending.
• The different superannuation instalment warrant structures in the market including a snapshot of the investment options.

Tax Risk Management

This CD covers overseas developments in tax risk management, the view from the boardroom and a hypothetical featuring an experienced panel.

Part A – Overseas development
Presented by Tony Fulton, PricewaterhouseCoopers.
The focus of this seminar is on overseas developments in tax risk management and disclosure.

Part B – The view from the boardroom
Presented by Richard Warburton AO.
This presentation looks at tax risk from a board perspective and considers how active a board should be.

BONUS - Tax Risk management hypothetical

Property and Tax Issues 2007
Bonus: Commissioner's Access Guidelines

Filmed 3 August 2007

The feature presentation by Russell Beer, Property and Tax examines in detail three areas of property in relation to tax issues:

• The accidental "mum and dad" developer
• Examining issues associated with large scale developments
• Consideration of structuring issues for property developments

Bonus Presentation: The Commissioner's Access Guidelines
Presented by David Bloom QC FTIA

Topics covered:

• Legal Professional privilege
• The Access Guidelines - content and purpose
• The Evidence Act and the High Court's decision in Esso
• How the Commissioner administers the Guidelines

Division 7A - Awaking the sleeping giant

Presented by Gordon Cooper FTIA
Filmed 18 July 2007

When applying Division 7A, many practitioners find themselves perplexed by the complexities surrounding the compliance issues. This will review the changes and provide practical advice on how best to deal with them.

• The sweeping changes to the amendments such as reduction of the double-penalty nature of Division 7A, ability for the Commissioner to exercise discretion in relation to deemed dividends, defining the interaction of FBT and Division 7A.
• The likely actions that can now be taken to mitigate existing Division 7A exposures
• The ongoing risks facing taxpayers in this area.

Succession Planning: With arm's length business partners or intergenerational family transfers

Presented by Jo-Anne Hotston FTIA, Webb Martin
Filmed 25 May 2007

This presentation cover the key things you need to do to provide for succession planning with arm's length business partners or with intergenerational family transfers.

• Tax issues for trading stock, depreciable assets, CGT assets
• Buy-out by co-owners
• Income tax issues for off market buy backs of shares
• Intergenerational transfers
• Use of insurance policies, buy sell agreements and use of put and call options
• Timing of CGT event under contract, conditions precedent to formatio

Superannuation PLUS
Taxation of financial services for SMEs

Filmed 16 & 17 March 2007

Are you ready for the superannuation revolution?
Presented by Paul Banister FTIA, Grant Thornton

In light of the major changes to superannuation, this presentation sets out a clear and concise analysis of the impact of these changes upon your practice and your clients. Issues discussed and examined via case studies include; the technical framework for including contribution caps, exemptions and treatment of benefits including death benefits.

TOFA - Implications for SMEs
Presented by Neil Ward FTIA, Deloitte

The TOFA rules will have significant implication for many SMEs. Issues discussed during this presentation include:

• A practical application of the proposed rules
• An update on issues such as FX denominated bank accounts, short term foreign exchange gains/losses, at call loans
• The continuing interaction of pre-TOFA rules, existing TOFA rules and proposed rules.
  

Small Business CGT Concessions –
Changes that matter

Presented by Max Hendrix, FTIA, PKF

Understanding the Small Business CGT Concessions is vital for all practitioners who advise small business clients.

Legislation was introduced in Parliament on 7 December 2006 covering the Government's plan to improve the Small Business CGT Concessions, as announced in the 2006 Federal Budget.

The changes will make the concessions available to a range of clients who would not previously have qualified.

Issues discussed include:

• Significant individual - implications
• Significant individual vs connected entity
• Indirect test and examples
• $5 million test
• Participation percentage - companies, fixed trusts, non-fixed trusts
• Active asset test