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GST : in specie distributions from a discretionary trust.

Publication date: 31 Jul 08 | Source: CCH TAX WEEK

Issue: Issue 30 2008

Pages: pp.1-7

The Tax Office recently released Draft GST Determination GSTD 2008/D2. This draft determination deals with the question of whether an in specie distribution from a discretionary trust is a supply made in the course or furtherance of the trust's enterprise. This article will examine the Tax Office's reasoning on this issue, in particular, the broad interpretation that has been adopted for the meaning of "in the course of furtherance of an enterprise" that may result in inappropriate outcomes.

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Author profile

Dr Philip Bender ATI
Philip is a barrister at the Victorian Bar practising in federal and state taxation and superannuation. He acts for both taxpayers and revenue authorities and has appeared in a number of leading cases in these fields. Philip is also the author of Bender’s Australian Stamp Duties, a book published by The Tax Institute dealing with stamp duty in all Australian jurisdictions. - Current at 26 June 2019
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