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Hi Sharon, Thanks very much for your interesting posts. The only problem with the above is whether we can afford to pay these good lawyers. It takes a brave person to take on the ATO and I shudder to think of the costs involved if taken to court. Perhaps a combined fighting fund could...

Hey SS, I've really enjoyed your posts. You certainly have a way with words. Trust cloning is a great thing and perfectly legal if done properly from what I understand. Great work on what you acheived with the gift of the dural land to your children. It also seems to have great...

Hi again, I may be wrong but from what I have heard the NTAA have been wrong in the past about their assumptions on particular tax matters. Are any of the best Tax barristers members or advistors to the NTAA? They're the ones who are most likely to be in the best position to understand the...

Thanks Alex, Of course in the case of LPTs they are valued by the share market. However given a HDT is unlisted wouldn't it be more accurate to compare it to an "Unlisted" property trusts where I thought the unit value was representative of the underlying asset value. However I haven't had...

Hi Gang, Numerous methods for determining the Market value of the HDT Units have been suggested but assuming the asset we are dealing with is real estate there has been no comment on the the method I posted about earlier: "In Taxation Determination TD 10, the Commissioner stated that where...

Hi Gang, Here is something I stumbled upon awhile back in relatiion to determining MARKET VALUE. I don't know if this has been superseded by more recent case law but if it hasn't would this be relevant if the underlying asset linked to the HDT units was property: "Market value The Income...

Hi Julia, As mentioned I'm only a layperson but I suppose one advantage may be that a single trust can operate as a DT & UT allowiing more flexibility overall for a mix of investments / tax planning. Hence less cost to setup and maintain. Although from what I vaguely remember asset...

Hi GSJ, As has been stated it all comes back to what the heck is market value. It would be fantastic to do what you stating so long as the ATO accept your reasoning. So it seems that the skill of your accountant to argue your case and their relationship with the ATO assessors may prove...

Hi Mry, Thanks for taking time from your busy schedule to answer my question. Yes I agree with the question of what the hell is market value. Unfortunately there is now quite a few HDT investors around who will at some stage have to redeem their Units. Many of these I'm sure entered into...

Hi Alex, Sorry, I meant to describe a situation where the MARKET value of the Units at time of redemption is around the same as the original Face value of the Units. This of course is what nearly all investors who negative gear intend to do. But what I was getting at is that there are...

Hey Mry, Thanks very much for the link. I did enjoy reading it but I have a question in regard to the section on "Redemption of the Units". It states that if the units are redeemed at Cost then this will sink your ability to negative gear the units. I'm not so sure that one can be so...