All Topics / Legal & Accounting / Trust question

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  • Profile photo of carl_viccarl_vic
    Participant
    @carl_vic
    Join Date: 2005
    Post Count: 73

    Imagine this scenario:

    Trusts A and B are both (hybrid) trusts holding combinations of investments which sometimes generate a profit and sometimes a loss. Trust C is simply a discresionary trust. Pretend that both A and B are benificiaries of C, and C is also a benificiary of both trust A and B.

    If trust A made a profit one year and trust B made a loss, profit from A could be distributed to trust B via trust C and offset against this loss. The reverse would also be true. Any overall profit or loss could be offset by distributing to or from trust C from an external source.

    My question: is there a law that prevents this ‘loop’ situation where a trust is both the benificiary of a trust as well as having the same trust as a benificiary of itself?

    I don’t want to go into too much details about exactly what sort of investments are held by these trusts or why I want things structured this way, so hopefully the question will make sense as it is. Please don’t respond to this question with “Thats crazy, why would you want to do that?” :-)

    Profile photo of catacata
    Participant
    @cata
    Join Date: 2005
    Post Count: 559

    Hi carl_vic

    As far as I am aware there is no impediment to a trust being a beneficiary
    of another trust and vice-versa, provided the resultant distributions do not
    breach the Rule against Perpetuities.

    CATA
    Asset Protection Specialist
    [email protected]

    Profile photo of carl_viccarl_vic
    Participant
    @carl_vic
    Join Date: 2005
    Post Count: 73

    Excellent, I guess that’s all I really needed to know. Thanks.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    There are various rules which were designed to prevent losses being utlised by unrelated entities. Its a very complex area. Maybe you should search on the ATO site in the legal database for ‘trust losses’

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of carl_viccarl_vic
    Participant
    @carl_vic
    Join Date: 2005
    Post Count: 73

    Good point. I’ll see whether I can figure out what the ATO thinks..

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