Published on 12 Mar 09
by NATIONAL DIVISION, THE TAX INSTITUTE
With an increasing number of cases on trust law matters now coming before the courts, it is more important than ever for tax practitioners to ensure that they can identify and understand the relevant issues.
This paper addresses some practical matters facing SME clients in administering the modern discretionary trust including:
- the trust income, taxable income and distributable income debate
- care required if relying on PS LA 2005/1 (GA)
- streaming income with different characteristics to different beneficiaries
- creating a present entitlement in light of recent case law
- distributions of income versus appointments of income.
Ron Jorgensen, CTA, is a Partner at Rigby Cooke Lawyers. Ron principally consults on Commonwealth and state tax laws, tax dispute resolution and compliance enforcements, and specialises in trusts and trust disputes, succession and asset protection, business and investment structuring and tax-sensitive commercial and property transactions. Ron is an Accredited Specialist in Tax Law, a member of the Law Institute of Victoria and a respected technical writer and presenter. Ron is a fierce advocate for taxpayers.
- Current at
04 August 2016