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Interesting. This is something I'll have to research because I haven't heard of it before. The only thing I've seen is in my trust deed where it says: "The Trustee shall not be obliged to redeem any Special Units and the Trustee shall not be required to give any reason for any refusal to...

Hi Rob, is this a fact or yet to be tested in the courts? Let's say the unit holder gets sued and loses their income units. The unit holder can't force the trustee to redeem the units so the property is still safely tucked away in the trust. The new owner of the units is entitled to a share...

What a great guy. This solicitor must have very happy clients. :mad: Hi Ajax, a bit of a late response to your post but hasn't the recent Bamford case settled this point: Subject to any appeal to the High Court, Bamford appears to have settled that income of a trust means ‘income...

I'm not disputing this Julia, but I'm curious to know if you have read an MGS Hybrid Trust deed? Assuming the deed does entitle the sole unit holder to 100% of the benefits (both income and capital gains) then TD 2009/17 would have no effect on the ability to claim 100% of the loan interest...

I came across this article about TD 2009/17 on JamesGG's website today. I know he posts here on SS but hasn't participated in this thread so I hope he doesn't mind me quoting him: http://blog.houseofwealth.com.au/?cat=5 "As per our explanation in that article, this final determination...

Thanks for the reply Gordon, I was starting to feel very alone. :) I actually got a very low valuation last year which would have worked in my favour had I been able to go through with the redemption. I could have got out of this mess with very little capital gains tax. Unfortunately the...

Hi Julia, When I first set up my Hybrid Trust 7 years ago the information being provided seemed to paint a very different picture of how hybird trusts actually work, and I’m sure I’m not the only one who was caught out by this. The main reasons for setting up a Hybrid Trust for me were...

Hi Ajax, I remember reading something about this and the definition of capital gains but I can't find where it was. The best I could do was this: http://www.loansapproved.com.au/HDTupdateMay2008.pdf I'm hoping Macquarie Group Services release another update now the final tax ruling is out.

From the look of it nothing in this ruling really affects the MGS hybrid trust because none of the examples given by the ATO are applicable to the MGS trust deed. :) My understanding is the MGS hybrid trust deed classes capital gain as income to be distributed to the SIU holder. The special...