Discretionary Trust Distributions

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The essential practitioners' manual post-Bamford.

This leading title examines the considerations that arise in relation to the making of distributions of income out of a typical discretionary trust. The third edition is available as a 12 month online subscription (updated in June 2014) or as a print book or eBook (both published May 2013) and covers the "streaming", anti-avoidance and primary producer trust amendments and much more.

It is beyond question that the way income tax and CGT impact on distributions by discretionary trusts is becoming increasingly complex. This book is an essential resource for trust practitioners - subscribe now to understand the ramifications of these distributions.

Written by John Gaal of TaxCounsel, author of our popular titles the Division 7A Handbook, CGT Small Business Reliefs and the Tax Agents Manual, and regular contributor to the Taxation in Australia journal.

In 2014 a revised hard copy edition will not publish*. Subscribe to the online version which features updates including:

  • a recent decision considering the principles to be applied when construing an ambiguous distribution resolution
  • the application of the “specifically entitled” concept to a capital gain arising from the happening of CGT event E5 (beneficiary becoming entitled to a trust asset)
  • any available details on the ongoing review
    of the ITAA 1936 trust provisions
  • important revisions and updates covering June 30 distributions
  • expert coverage of any other developments that take place throughout the year.

Updates in 2013's third edition included:

  • an update on the review of the operation of the general trust provisions (Div 6 ITAA36)
  • the ATO's final determination on the implications of the proportionate approach
    to Div 6
  • the ATO's final determination relating to the consequences of amendments being made to a
    trust deed
  • discussion of the meaning of "beneficiary"
  • the Full Federal Court's decision in Howard and the operation of s 99B ITAA36.

Key topics covered include:

  • the way Div 6 and CGT operate in relation to a resident discretionary trust
  • the special considerations that apply to testamentary trusts and others
  • the concept of "the income" of a trust
  • the "streaming" of capital gains and franked distributions
  • issues for categories of beneficiaries, e.g. companies (including UPE issues), exempt entities
    and minors
  • the drafting of distribution resolutions.

Subscribe to the online version today

Subscribe now and receive 12 months of unlimited access to the online version, with updates. It features interactive eLearning and includes 2 structured CPD hours. You'll also find cross-references and links to relevant ATO materials.

Need the convenience of hard copy as well as online?

Purchase both at the specially reduced price and and receive a copy of the eBook edition FREE.