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  1. JIT

    Hybrid Discretionary Trusts - The final word.

    Just asking the question... Why wouldn't you do this if you created and sold a product to clients that created more stress, problems and fees for them and ''it's had their day'' now for your own clients? If everyone sought private rulings, chances are that one of them will be presented the...
  2. JIT

    Hybrid Discretionary Trusts - The final word.

    Hi Chris, Has MGS sought to gain a Product Ruling like Chan and Naylor has... : http://www.chan-naylor.com.au/video-news/product-ruling-explained-for-existing-property-investor-trusts/ http://law.ato.gov.au/atolaw/view.htm?docid=%22PRR%2FPR201115%2FNAT%2FATO%2F00001%22 Thanks.
  3. JIT

    Hybrid Discretionary Trusts - The final word.

    Thanks Chris, that makes more sense now.
  4. JIT

    Hybrid Discretionary Trusts - The final word.

    Just a question after re-reading the PBR again, what does ''amounts that have been settled on the trust'' refer to? What amounts are these?
  5. JIT

    Hybrid Discretionary Trusts - The final word.

    Yep, he needs to read Somersoft more often! :D
  6. JIT

    Hybrid Discretionary Trusts - The final word.

    Chris, Just on this point, I recall when I purchased my MGS HDT in 2005 that the sellers of my deed told me at the time that SIU's could be redeemed at cost, thus making the HDT seem quite attractive after the redemption event. Later on I think it was changed to cost + CPI, NPV or...
  7. JIT

    Hybrid Discretionary Trusts - The final word.

    Chris, This paragraph reads: "Further, there is no requirement for the trustee to preserve the trust's capital for the purpose of redemption. There is nothing to prevent the trustee reducing the value of the net assets of the trust prior to redemption, for example, by gifting or...
  8. JIT

    Hybrid Discretionary Trusts - The final word.

    Good to hear Chris, so the MGS HDT has the OK to use for negative gearing, and also as a DT when no units are on issue. Just in general terms regarding getting an opinion from a "Senior Counsel", I'm not sure what this title means and the significance of an opinion from a SC, but I presume...
  9. JIT

    Hybrid Discretionary Trusts - The final word.

    btw Great thread, I rated 5 stars.
  10. JIT

    Hybrid Discretionary Trusts - The final word.

    coastymike, these above issues were brought up earlier in the thread. Haven't heard of the gift/loan-back strategy so that's interesting, thanks.
  11. JIT

    Hybrid Discretionary Trusts - The final word.

    Apologies Chris, you did address the resettlement issue earlier on. Thanks.
  12. JIT

    Hybrid Discretionary Trusts - The final word.

    Hi Chris, I just read a "newsflash" about HDTs, in it the author mentions about getting a "product ruling" for the use of the HDT... is this something you would consider? Also, they comment about deed amendments potentially triggering a resettlement of the trust... do you have some...
  13. JIT

    Hybrid Discretionary Trusts - The final word.

    Chris, Thanks for putting up the PBR and the other attachments. In the PBR it says: "No additional special income units will be issued other than the special income units issued to you." Does this mean that you can't issue more SIU's to yourself later on down the track (on top of...
  14. JIT

    Hybrid Discretionary Trusts - The final word.

    Thanks Chris. I've read your attached document and checked my trust deed. I've got a 2005 MGS trust deed which has the exact same Clause #9 in it, and I haven't had any capital gains or franked dividends so I think I'm ok here, and will wait till your full amendment package comes through...
  15. JIT

    Hybrid Discretionary Trusts - The final word.

    Thanks for the update Chris. Are you able to explain for the laymen here what the "proportionate approach'' means and how this is different to ''allowing streaming of capital gains and franked dividends to certain beneficiaries"? Chris, what definition of trust income does MGS use, is it one...
  16. JIT

    Hybrid Discretionary Trusts - The final word.

    Great, thanks Chris. It's been good to have a frank and open discussion about the HDT. Much appreciated. I'm out of questions, anyone else... ?
  17. JIT

    Hybrid Discretionary Trusts - The final word.

    Thanks, very interesting stuff, I wasn't fully aware of these details and the logic behind them. Chris, I'm a bit slow on the uptake here, just to be sure regarding the $333 capital gain... This is 666 units at $1.00 each ($666) that are now worth 666 x $1.50 ($1000), so the capital gain...
  18. JIT

    Hybrid Discretionary Trusts - The final word.

    Hi Chris, Are you able to elaborate on what the issue is with having more than one property per entity... is this relating to land tax thresholds or asset protection issues? Thanks.
  19. JIT

    Hybrid Discretionary Trusts - The final word.

    Hi Chris, So at the moment, if lenders are willing, do we have a "green light" to go and buy more properties (negatively geared with SIU's on issue) in a HDT and increase line of credits for HDT properties, or should one just be thankful we got the negative gearing OK at least and buy using...
  20. JIT

    Hybrid Discretionary Trusts - The final word.

    Thanks Chris, that makes sense. Having these options and this flexibility seems logical for one's long-term financial planning. Gradually redeeming units and incorporating SMSF strategies can clearly minimse the CGT and income tax burdens. For people who have a HDT only though... can it be...
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