How fixed is your trust?

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.

Author profile

Karen Rooke CTA

Karen is an Adjunct Professor of Taxation Law at the University of Sydney and a legal consultant at King & Wood Mallesons. Karen’s particular interest at the university and in practice involves the taxation of trusts and the funds management industry. Karen has presented many papers at Tax Institute functions and widely consults with various stakeholders, including the Board of Taxation. - Current at 31 January 2017

More by Karen ROOKE

• The new AMIT regime paper - 02-June-2016
• Assessing trust income for taxation purposes: the impact of Cajkusic and Bamford - 01-December-2009
• How fixed is your trust - can you assume that it will survive a change of the ATO's present view? paper - 07-April-2006
• Fixed and Non-Fixed Trusts - 01-April-2001
• Fixed and non-fixed trusts - 09-November-2000

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