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
Gordon Cooper is a chartered accountant in sole practice as a tax consultant. He is an Adjunct Professor in the School of Taxation and Business Law (Incorporating Atax) at the University of New South Wales. He is a frequent speaker at seminars having delivered nearly 500 papers and he is a regular contributor to professional publications. Gordon has a long list of professional involvements including: " He was an inaugural member of the Tax Practitioners Board. " He is a former President of the Taxation Institute of Australia. " He is Chairman of the Committee of the Australian Branch of the International Fiscal Association. " He is the Patron of the Australasian Tax Teachers' Association. In June 2003 he was awarded the AM in the Queen's Birthday Honours for. "Services to the tax profession and to the community as an adviser on national taxation and legislative reform, and through education and professional organisations".
Current at 29 January 2016
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