What is a Bare Trust?

A bare trust arises where the trustee simply holds property of and on behalf of the beneficiary without any interest therein, other than that existing by reason of office and the legal title as trustee. The trustee has no discretion and no active duties other than to...

Trusts Cannot Split Franking Credits from Dividends

The High Court has in FCT v Thomas & Ors unanimously upheld the Commissioner’s appeal against a Full Federal Court decision, effectively confirming trustees are unable to ‘split’ franking credits from the associated dividend income. Facts Based on powers within...

Foreign Investment Review Board (FIRB) Approval

Do you hold a foreign country passport and are you planning to invest in Australia? Approvals by Foreign Investment Review Board (FIRB) may be required prior to finalising your investment decision. Purchasing residential real estate Under Australia’s foreign...

Overtime Meal Allowance & Deduction for Meal Expenses

The Administrative Appeals Tribunal (‘AAT’) has in Mitchell v FCT held that a taxpayer was not eligible to deduct meal expenses in excess of his overtime meal allowance. Facts The taxpayer was an employee site surveyor who was employed under an enterprise bargaining...

Property Investment – Buy, Sell or Hold

The Australian property market has declined in value by 2.2% over the past twelve months. Maybe this poses a buying opportunity for some or a selling necessity for others. The table below illustrates the change in property values over the past twelve months by capital...