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Getting Trust Distributions Right!

Published on 13 Nov 2008 | Took place at Kooyong Tennis Club, Kooyong, VIC

It's a struggle at the best of times to be satisfied that a trust resolution will stand up to scrutiny when challenged. The courts still haven't finally resolved the problem if there is a difference in taxable income, and the outcome will always turn on the trust resolution; but who has time to read every trust deed anyway? This event gave delegates practical guidance through the use of trust deed extracts to guide practitioners on what to look for in trust deeds and how to draft resolutions that can withhstand ATO scrutiny.

Individual sessions

Getting trust distributions right!

Author(s):  Nabil (Bill) F. OROW

This paper explains in plain and practical terms:

  • the present controversy involving trusts and distributions of income
  • what happens when trust income and tax income aren't equal
  • why reading a trust deed is critical to ensure that the distribution is legally effective
  • sample extracts from trust deeds and sample minutes to effect valid distributions of trust income
  • why you need to get it right - the distinction between income and capital distributions
  • why "failsafe" clauses in trust deeds can be an effective way of dealing with disputed trust distributions
Materials from this session: