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Section 97 – Escaping the consequences of proportionality

Published on 01 Oct 06 by "THE TAX SPECIALIST" JOURNAL ARTICLE

The assessment of the net income of a trust estate to a beneficiary by reference to its entitlement to the income of the trust estate creates a number of anomalies especially where the net income includes net capital gains. Practitioners have tried to overcome the problem by, for example, defining the income of the trust estate by reference to its net income and, more recently, beneficiaries have disclaimed their entitelments. However neither method is entirely satisfactory and each requires careful attention to the trust deed.

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 December 2016 Click here to expand/collapse more articles by Terry MURPHY.
 
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