Back Issue Archive
STEP Journal: November-December 2009
- Correctly executedA look at executing deeds. Amanda Edwards explores what can go wrong when clients (and even practitioners) are signing documents.
- Growing tax legislation
- Succession law with one hand tied behind your back
- The ‘Rock’An explanation of trusts, taxation and residency in Gibraltar.
- A busy year - a review on the recent developments in CyprusPeter Economides reviews the recent developments in Cyprus, including double tax treaty (DTT) protocols and worldwide recognition of tax transparency practices by the Organisation for Economic Co-Operation and Development (OECD).
- Centre of commerce and investmentConsidering the benefits of Malta as an International Finance Centre.
- The real impactWhy the following initiatives have been launched at this time and what the real impact will be for STEP clients.
- The tale of the renaissance entrepreneurThe benefits of private label funds as a solution for wealthy entrepreneurs.
- The US dimension to Irish estatesA review of the interaction of US estates tax and Irish capital acquisitions tax.
- To PTC or not to PTCThe benefits of using a private trust company to protect family wealth through the generations.
- Working together - recent work of the Swiss Association of Trust Companies (SATC)An explanation of the recent work of the Swiss Association of Trust Companies (SATC) highlighting its main objectives, by Xavier Isaac.
- New Zealand: pre-migration trustsSome detailed options offered by New Zealand trusts.
- Changes on the horizonA discussion on the forthcoming changes to legislation that will affect trustee companies in Australia.
- Autumn freezeHow to take advantage of low share values for IHT purposes.
- Asset protection: pitfalls for practitionersA look at the recent case that highlights the boundaries for practitioners in assisting potential bankruptcy clients.
- Easing pension painHow a fiduciary management approach can ease pension pain for family-owned businesses.
- Contingency fees: the debateTwo contributors put forward their views on the lawfulness of contingency fee arrangements in probate.
- Financial Services for Solicitors: Law, Practice and PrecedentsA review of 'Financial Services for Solicitors: Law, Practice and Precedents' by Ian Muirhead.
TQR: November 2009
- Spry’s Case - Exploring the limits of discretionary trustsThe barrister who appeared as counsel for Mrs Spry in the Australian High Court gives a detailed description of the facts of "Spry's case" (Kennon v Spry; Spry v Kennon (2008) 83 ALJR 145)
- Amendment of trust instrumentsAn examination of the reasons for; and methods of; making amendments to trust instruments, particularly as they might affect trusts governed by New South Wales' legislation.
- Shades of control: dictation, domination and persuasionThe First-tier Tribunal's decision on Laerstate BV v The Commissioners for HMRC in 2009, combined with Wood v Holden in 2006, are used to illustrate how the control exercised over a company by its shareholders, directors and advisors could affect whether it is deemed UK resident.
- Canadian taxpayers beware: foreign trusts may no longer be the sameA look at Garron (Trustee of) v Canada and Antle v Canada, two cases decided on by the Tax Court of Canada which illustrated the risks for Canadian taxpayers who attempt to use foreign trusts for tax avoidance purposes.
- The rule in Hastings Bass, and the intervention of HMRC in the Gresh case in GuernseyThe case of RBC Trustees v Gresh is notable for finally bringing The Rule in Hastings-Bass to Guernsey and was also the first case where HMRC chose to become a party to the proceedings.
- A round-up of recent wills and trust casesA summary of several interesting cases covering issues such as a review of the definition of "per stirpes", foreign revenue enforcement, rescission of trust documentation, trustees' indemnity and proprietary estoppel.
- Personal Chattels: Law, Practice and Tax with PrecedentsA review of 'Personal Chattels: Law, Practice and Tax with Precedents' by Ann Stanyer.