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Hi As I ahve said over and over again..... It depends upon what type of HDT you are talking about. If a Batten or MGS deed then I am prepared to continue to treat this as "steady as she goes" However, if a poorly worded deed, then, I would be willing to lose a client than claim...

Hi We continue to prepare tax returns for the HDT's that use a Batten/MGS trust deed based on our knowledge, experience and advice received. Nothing has changed for us in this regard. However, if one of the inferior deeds pop up then we will alert our clients to the risks and suggest of...

Hi What an absolutely brilliant post. Thank you for the clarity of your thinking and the common sense practicality of your suggestion. Dale

Hi Julia As a tax expert, yourself, surely you understand that weeks could be months.... But, if you know of a quicker way to get an answer then I am quite prepared to consider it. Remember, I am not doing this for me; nor for my clients, but instead to attempt to get some closure on...

Hi Mry This approach can really only go one of two ways. The court will either find that the HDT that I use, and the way that i use it, is consistent with the law or it will find that it is not. If it is consistent, then, I will have proven once for all hopefully, that a good HDT trust...

hi Cliff There is no such thing as 100% certainty with anything when it comes to tax.....even the tax office have turned face and argued against their own public rulings in the past!! However, to put this issue to bed, I have spoken to Chris Batten this morning and offered to personally...

Hi Another thought for you to contemplate.... People ask for PBR's when they do not know the answer and want to sure of doing things in line iwth the tax office opinions. People who know the law rarely ask for a PBR because they know what is likely to be right and likely to be wrong...

Hi Dazz It sounds like you have very good accountants who have helped you by being firm in their beliefs...regardless of whether their beliefs are based on extensive research or just gut feeling. Well done. I am always impressed by professionals who take a stance and who do not change...

Hi Andrew That reminds me of my favourite accounting joke.... Q. What do you do when you see an account ant coming towards you with only half a face? A. Stop laughing and reload! That brings a smile to my face every time. Dale

Hi We seem to have forgotten a couple of things here: NickM DID get a private binding ruling that was favourable; And, that a PBR only applies to the person asking for it and it does not apply accross the board. Instead, Batten & MGS (Chris Balalovski is an ex legal counsel with the...

Hi I settled on a property only 5 weeks ago and used one of my HDT's to buy it, despite the so-called uncertainty. I have sought the opinions of Chris Batten and Chris Balalovski as to whether we should change our thoughts or advice and was told No....steady as she goes. Dale

Hi Fair enough, Julia. I will not get in your way in "discussing" this subject if that is what you wish to do. However, my position is quite clear and so I will make no further comments until I have something of value or usefulness to contribute rather than rehashing things. In the...

Hi Cliff Thanks for that; as always you make good points and I appreciate you doing so here, too. My frustration and disappointment was not from this thread starting, but, from the comments made within the last 24 hours: Julia wrote: My point is we haven't even got to the draft...

Hi Cliff I totally agree that open discussions are important. My annoyance is that the contentiousness of this issue has been discussed and debated ad nauseum. The facts have been laid bare and the expert (Chris Batten) has asked us for patience whilst real answers are sought from the...

Hi Julia There has been available an excellent tool for research for some time now...a telephone. I am sure that if you were to ring Chris Batten and talk to him then you would have information and facts and not just speculation. Chris Batten has been in extensive discussions with the tax...

Hi This speculation is most unprofessional and most unhelpful. As you should know, the tax system works quite slowly at times and the absence of a reply from Chris Batten does not mean anything bad at all. In fact, I believe that everythng is progressing quite nicely. As soon as...

Hi Julia At the risk of being unhelpful.....can we please wait for the tax office to finish their job rather than us speculate on "what if's" and "maybe's" that serve no purpose other than to waste time, energy, emotions and to spook people. As Chris Batten has done, I promise to update...

Hi Naturally, I have given the issue of HDT’s a lot of thought of late and especially in light of some of the recent private rulings and discussions on this forum. Before, I comment too far, please understand that: 1. I personally use HDT’s to own some of my IP’s and in doing so; I too...

Hi Julia Thank you for your explanation. That is very interesting, indeed. Dale

Hi Julia Whilst I respect your right to think differently than some of us; I am a little perplexed by some of your comments here. I thought you "reluctantly agreed" to use HDT's not that long ago after discussions with the NTAA. I can't find anything using the search feature but I am sure...