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 Schurgott, CTA (Life), is a Tax and Commercial Law Director of Schurgott Noolan Ardagna Lawyers, Sydney. Ken has extensive experience in all aspects of tax (including state taxes and litigation), as well as business structuring, asset protection, succession planning and trust and estate law. He was a member of the Advisory Panel to the Board of Taxation until recently and heavily engages in ongoing consultation in relation to the reform of the taxation of trusts and trust issues generally. Ken is a Past President of The Tax Institute.
Current at 24 November 2014
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