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COVER: Unpaid present entitlements – a new approach to taxing trust distributions

Published on 01 Mar 10 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

Draft Taxation Ruling TR 2009/D8 (Income tax: Division 7A loans: trust entitlements) includes the assertion that an unpaid present entitlement payable by the trustee of a trust in favour of a corporate beneficiary could, in appropriate circumstances, either constitute a loan or be taken to be a loan back to the trustee of the trust for the purposes of Div 7A.

Author profile:

Ken SCHURGOTT
Ken is a tax and commercial law partner in the Sydney office of SBN Lawyers. He has extensive experience in all aspects of tax (including State taxes) as well as business structuring, asset protection, succession planning and trust and estate law. Ken is a National Councillor of the Tax Institute and a member of the NSW Divisional Council and Education Committee. He is also a member of the Advisory Panel to the Board of Taxation and has recently been involved as a member of the Working Group on Managed Investment Trusts.
Current at 13 January 2009
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