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Non-resident beneficiaries - income tax paper


What are the implications of a non-resident becoming entitled to income, capital or control of a closely held trust especially in the context of generational change? This paper includes:

  • non-residency
  • income entitlements (including capital gains, streaming withholding tax and other trustee obligations)
  • capital entitlements
  • thin capitalisation
  • the implications of generational change.

Author profile:

Author Photo - Terrence Murphy QC, CTA
Terrence Murphy QC, CTA
Terry, QC, CTA, is a Barrister at Chancery Chambers. He practises at the Victorian Bar in revenue law, trust and superannuation law, corporations law and commercial law, and has appeared for both taxpayers and the Commissioner in the High, Federal and Supreme Courts. Terry is a member of the Taxation Committee of the Business Section of the Law Council of Australia, a member of the Melbourne Law Masters Tax Advisory Board at the University of Melbourne (where he lectures in the LLM program), the Bar's representative on the School of Law Program Advisory Committee of Victoria University and a frequent presenter at state and national conferences of The Tax Institute and other professional bodies. Terry was appointed Special Counsel to the ATO from 2008 until 2010. Current at 07 March 2016 Click here to expand/collapse more articles by Terry MURPHY.

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

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Individual sessions

Section 8-1: Making certain that you receive what you are entitled to

Author(s):  Allan W BLAIKIE

Materials from this session:

Non-resident beneficiaries - income tax

Author(s):  Terry MURPHY

Materials from this session:

The major continuing compliance issues for ATO on Consolidations

Author(s):  Peter COAKLEY

Materials from this session:

The current imputation system - Traps and opportunities

Author(s):  Jane MADDEN

Materials from this session:

CGT - old chestnuts and emerging issues

Author(s):  Gordon S COOPER

Materials from this session:

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