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

Taxation in Australia | 1 Mar 10

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Publication date: 01 Mar 10


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.

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Author Photo - Kenneth Schurgott CTA-Life
Kenneth Schurgott CTA-Life
Ken is a Tax and Commercial Law Director of Schurgott & Co Lawyers and Special Counsel with Brown Wright Stein Lawyers, Sydney. He has extensive experience in all aspects of tax (including State taxes and litigation), as well as business structuring, business sales and acquisitions, asset protection, succession planning and trust and estate law. Ken has been, until recently, a member of the Advisory Panel to the Board of Taxation and heavily engaged in on-going consultation in relation to the reform of the taxation of trusts and trust issues generally. He is a former President of The Tax Institute, Chairman of the International Relationships Committee of the Institute, a member of OATCA technical committee and Chairman of the policy committee of STEP Australia.
Current at 04 May 2015
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