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Trust asset revaluation strategies revisiting the practice

Peter Slegers & Joshua Pascale

Taxation in Australia2020article
ABDC C
Weight
0.26

What the paper says

The seminal case of Fischer v Nemeske has accepted the effectiveness of asset revaluation reserves under trust law, reinvigorating the use of such reserves for the purposes of facilitating succession planning, asset protection and family exit objectives. This article explores the utility and mechanics of asset revaluation reserve strategies, including the common pitfalls that may arise when not properly implemented. The article also speaks to the pertinent taxation and commercial issues associated with those strategies that advisers must consider. This includes managing Div 7A obligations, being aware of the trust streaming implications, and maintaining the deductibility of interest on any borrowings associated with paying a beneficiary's entitlement from an asset revaluation reserve. The article concludes by envisaging a resurgence of activity in this area, particularly given the commercial outcomes that such strategies may achieve.

Cite this paper

@article{peter2020,
  title        = {{Trust asset revaluation strategies revisiting the practice}},
  author       = {Peter Slegers & Joshua Pascale},
  journal      = {Taxation in Australia},
  year         = {2020},
}

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Trust asset revaluation strategies revisiting the practice

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Evidence weight

0.26

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.00 × 0.4 = 0.00
M · momentum0.20 × 0.15 = 0.03
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.