Published on 01 Jul 06
by "AUSTRALIAN TAX FORUM" JOURNAL ARTICLE
This paper was written for the Taxation Institute of Australia’s National Convention in April 2006. It examines the “vested and indefeasible interest” test in our taxation legislation, which is perhaps best known in the context of the “fixed trust” provisions but has a number of other roles to play. The paper looks at the different ways in which the test applies in the legislation, the difficulties in its application, and the potential impact of the High Court decision in CPT Custodian Pty Limited v Commissioner of State Revenue on the test.
Karen is a Senior Lecturer in in the Faculty of Law at the University of Sydney. She teaches in the postgraduate taxation program. Current at 28 June 2006
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