Published on 13 Mar 13
by NATIONAL DIVISION, THE TAX INSTITUTE
This paper explores the circumstances where a trust deed can be amended, and without causing adverse taxation consequences. In particular, it deals with the decision in Commissioner of Taxation v Clark, the subsequent withdrawal of the ATO’s Statement of Principles and the issue of draft Taxation Determination TD 2012/D4. It also focuses on:
- changes that may be required to existing trust deeds as a result of the High Court decision in Bamford
- the introduction of the streaming legislation
- possible future developments.
Current at 19 March 2013
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