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How fixed is your trust - can you assume that it will survive a change of the ATO's present view? paper

Published on 07 Apr 06 by NATIONAL EVENTS, TAXATION INSTITUTE OF AUSTRALIA

"Fixed Trust" has become a recurrent building block in tax legislation however there are strong suggestions that the concept does not technically work in the manner that is suggested with potentially diabolical consequences in the future including:

  • Where the concept of fixed trust is relied on in tax legislation
  • Where courts are heading - the recent views of the High Court
  • The concerns about the proper legal interpretation
  • If you can't rely on the law can you rely on the Commissioner's discretion?
  • Evolution of the concerns via the NTLG 

Author profile:

Karen ROOKE

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