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Trust distributions: getting your money out of the trust paper


Trusts continue to be a preferred investment structure, yet we often struggle with the notion of trust law and income tax obligations. This paper reviews recent cases surrounding trust distributions and the practical problems of keeping these effective, including:

  • the pitfalls and opportunities of trust distributions
  • avoiding ineffective trust distributions - drafting the minutes
  • unravelling the Commissioner’s view in PS LA 2005/1 GA on distributing capital gains
  • do I need a controlling individual or significant individual?
  • the 2006 Budget changes.

Author profile:

Author Photo - Wayne HEALY
Wayne is a Partner with McGillvray Partners. He is a Certified Practising Accountant and has been with McGillivray Partners for over 22 years. Wayne advises business clients in commercial and taxation matters and has provided litigation support to a number of legal firms in Perth. Wayne’s clients require business structuring advice both in Australia and overseas. Trust structures, their establishment, use and unravelling, forms a major part of Wayne’s professional career. Wayne is an Fellow of CPA Australia and a Fellow of the Tax Institute. He is an active member of the Tax Institute and is the current Chairman of the Education Committee and a State Councillor. Wayne also sits on the National Education Committee and the Education Advisory Board for the Institute.
Current at 26 June 2006 Current at 27 August 2012 Click here to expand/collapse more articles by Wayne HEALY.


This was presented at WA State Convention .

Get a 20% discount when you buy all the items from this event.

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