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
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
The Tax Institute is a Recognised Tax Agent Association (RTAA) under the Tax Agent Services Regulations 2009.
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