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As previously stated, I need a client’s consent in order to divulge further facts on this public forum but I will make the general comment here that the trust deed was flexible in terms of the beneficiaries that could be added and there were no adverse Div 7A issues of a UPE or other nature or any other adverse income tax, capital gains tax or (stamp) duty or trust law consequences for that matter.

Tax considerations should never primarily drive a commercial transaction. The question originally asked by Graham was quite direct and not an open-ended one and it got the pragmatic response it craved. If we talk about problems that potentially might exist or potentially may arise then we create “potential” solutions rather than real and value-adding ones for clients. Wood fo the trees stuff.


Hamid Mirza
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