02 Jul 12 Practice Statement: Change of trustee - PS LA 2012/2
On 28 June 2012, the ATO issued Practice Statement PS LA 2012/2 entitled "Change of trustee".
The purpose of the Practice Statement is to advise tax officers of the approach to be taken in the raising and recovery of income tax and goods and services tax (GST) liabilities of a trust where there is a change of trustee during or following an income year or a tax period.
The Statement states:
"The trustee at the end of the income year or tax period is the entity that has the tax-related liability (as defined in section 255-1 of Schedule 1 to the Taxation Administration Act 1953 (TAA)) for income tax or GST for that period. This is the case even if there has been a change of trustee during, or after, the income year or tax period...
The time at which any tax-related liability (other than Income tax and GST) arises varies according to the legislative provision that imposes the particular liability, which may not be at the end of an income year or a tax period. The entity that is the trustee at the time the particular tax-related liability arises will have that liability."