When is a benefit from a trust not a fringe benefit? When it’s an “ownership” benefit
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Abstract: When a corporate trustee of a trust provides a benefit to a director who is a beneficiary of the trust, it can sometimes be difficult to determine in what capacity that benefit is received. For example, where a corporate trustee of a trust owns and operates a business, the director of the corporate trustee works in the business, the director is a beneficiary of the trust and the director receives a benefit from the trust, does the director receive that benefit in their capacity as an employee, a director, a beneficiary or as an “owner”?
Author
profile:
Philip
BRODERICK
Philip is a Lawyer at Harwood Andrews Lawyers
Current at September 2008
