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Trust distributions: Achieving the desired outcomes paper


The Commissioner of Taxation has demonstrated a renewed interest in trust distributions in recent years. This paper considers some of the commonly encountered issues that arise when preparing trust distribution minutes. It provides useful insights on how to achieve desired outcomes and minimise exposures in this difficult area. Topics covered include:

  • what to look for in the trust deed
  • drafting trust distribution minutes: common problems and suggested solutions
  • the tax net income and trust income debate: state of play
  • practical implications of recent cases
  • pitfalls when income streaming and the significance of PS LA 2005/1 (GA)
  • effective capital distributions.

Author profile

Peter Slegers CTA
Photo of author, Peter SLEGERS Peter Slegers, LLB (Hons), MTax, CTA Partner Cowell Clarke Peter heads Cowell Clarke's tax and revenue practice group. Peter advises and acts for a wide range of public and private companies as well as for the trustees of self managed superannuation funds. Peter’s areas of expertise include: income tax (as it impacts on business and high net worth clients); capital gains tax; goods and services tax; state taxes and superannuation law. Peter also does succession planning work and is involved in significant business restructures. Peter is regularly involved in advising SMSF trustees on issues associated with superannuation income streams. Peter has a master’s degree in taxation from the University of NSW – ATAX School. Peter is also a member of the Australian Institute of Company Directors and the SMSF Professionals Association of Australia Ltd. Peter is a member of the Tax Institute’s South Australian State Council. - Current at 19 July 2017
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This was presented at 42nd South Australian Convention: Playing to Win .

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