Merca replied to the topic Foreign settlor – Family Trust in the forum Legal & Accounting 14 years ago
What about changing the domicile (don't know the correct term) of the o/s trust to Australia from the o/s country? That's effectively the objective – allow existing trust funds to be used to invest in Australian property, without first distributing them and then re-settling them in a new trust, during which process there seems to be tax/legal…[Read more]
Merca replied to the topic Foreign settlor – Family Trust in the forum Legal & Accounting 14 years ago
I should have provided all the background details at the start :Funds have accumulated in the overseas trust, over a period of 10 years. Its a discretionary trust, in a tax haven, so is not subject to any taxes on income or distribution. No party to the trust has had any connection with Australia, and the trust income also has no link to…[Read more]
Merca replied to the topic Foreign settlor – Family Trust in the forum Legal & Accounting 14 years ago
TerrywIf the overseas trust gifts the funds to the local trust, is this not income to the trust and accordingly taxable in Australia? RegardsMerca
Merca replied to the topic Foreign settlor – Family Trust in the forum Legal & Accounting 14 years ago
So if I understand correctly, it should be something like this :Joe Blow settles the trust locally with $10. There are only local beneficiaries. The overseas trust still has the cash funds.How would the overseas trust introduce funds into to the local trust – by way of a loan? I guess any other method (donation?) would have tax implications for…[Read more]
Merca replied to the topic Foreign settlor – Family Trust in the forum Legal & Accounting 14 years ago
Thanks for the input.The 'owner' of the assets (presently held in cash) is a foreign trust. Would the trustee be able to settle an Australian trust with these assets? Would he have to be present in Australia to sign the trust deed? This overseas trustee would have no further connection with the new trust, neither as beneficiary nor as trustee,…[Read more]