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A matter of trusts: Testamentary trusts and CGT


The tax laws currently assess beneficiaries of a trust who are presently entitled to the net income of the trust, to the net capital gains derived by the trust regardless of whether the beneficiaries are entitled to the net capital gains. This article examines the Federal Government’s recent announcement, which may help to address this anomaly in the context of testamentary trusts.

Author profiles

Renuka Somers CTA
Renuka holds a Master of Commerce (Accounting). Renuka has written articles for Taxation in Australia on taxation issues associated with discretionary trusts and testamentary trusts and has also presented on the taxation of trusts. She is also a member of the Law Institute of Victoria's Tax Discussion Group. Renuka's principal areas of practice are: federal taxation - income tax, capital gains tax, Div 7A, consolidation and restructures; state taxation; business structuring; partnerships and service trusts; estate planning; and asset protection. Renuka applies her advanced knowledge of taxation law to advise clients on complex state and federal taxation issues associated with restructures and domestic and cross-border transactions for companies, trusts and consolidated groups. She also advises on asset protection and estate planning issues, with a focus on the taxation implications. Renuka joined Sladen Legal in 2006, having previously worked in the tax consulting divisions of two large accounting firms and in-house at a large legal firm. In 2010 and 2011, Renuka was also an executive director of the Eating Disorders Foundation of Victoria Inc, holding voluntary positions which involved corporate governance and strategic planning. - Current at 01 June 2016
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Philip Lambourne
Phillip is a Special Counsel, Accredited Specialist in Business Law Harwood Andrews Lawyers. - Current at 01 August 2008
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