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James Meli

James Meli

Tax lawyer and Principal at Mosaic Tax Legal in Sydney; ex-ATO (Australian Taxation Office) with 20+ years experience in domestic and international tax law

Jul 3, 2026

15:28
So
15:29
discretionary trusts are an investment vehicle.
15:33
They can hold any... type of investment really, whether it's an investment property, whether it's shares in a passive company, shares in a trading company.
15:44
And they've been used for a long time given they provide asset protection because, for instance, through that vehicle you can control but not technically own the assets.
16:00
And it also allows you, as the name suggests, it's discretionary in that none of the class of beneficiaries have any entitlement or fixed entitlement to a particular distribution.
16:13
So from year to year, the trustee which holds the assets and on behalf of the beneficiaries can say, well, we made this much this year.
16:24
I'd like to distribute 25% to this person, 75% to that person.

23 MINS LATER

39:58
What should be the focus?

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