Administration of SME trusts paper
Publication date: 12 Mar 09
Source: NATIONAL DIVISION, THE TAX INSTITUTE
Abstract:
With an increasing number of cases on trust law matters now coming before the courts, it is more important than ever for tax practitioners to ensure that they can identify and understand the relevant issues.
This paper addresses some practical matters facing SME clients in administering the modern discretionary trust including:
- the trust income, taxable income and distributable income debate
- care required if relying on PS LA 2005/1 (GA)
- streaming income with different characteristics to different beneficiaries
- creating a present entitlement in light of recent case law
- distributions of income versus appointments of income.
Author profile:

Ron is a Principal of Harwood Andrews Lawyers and primarily consults on federal and state revenue laws and revenue litigation. Ron also advises in respect of business structuring, tax sensitive commercial transactions and property developments. He is a member of numerous technical and advisory taxation committees with the Taxation Institute and the Law Institute of Victoria. Ron holds a Master of Laws (Taxation) and is a LIV Accredited Specialist in Tax Law.
Current at 01 March 2012
This was presented at
24th National Convention 2009.
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