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How fixed is your trust?


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 01 February 2016
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This was presented at 21st National Convention: Beyond the Sea .

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