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The following is a high level table of contents for Marks' Trusts & Estates: Taxation and Practice, 3rd edition.

Download a detailed table of contents from the new third edition here.

Marks’ Trusts & Estates: Taxation and Practice, 3rd edition

Table of Contents

Part 1 - Concepts

Chapter 1 Introduction
Chapter 2 Trust assessing provisions
Chapter 3 CGT provisions

Part A: CGT events

Part B: capital gains and losses

Part C: CGT small business relief concessions

Part D: trusts with Div 115 discount capital gains

Part E: absolute entitlement

Part F: market value

Chapter 4 Trust concept in taxation law

 

Part 2 - Trust Creation and Variation

Chapter 5 Trust creation and the tax consequences to the trust creator

Part A: CGT consequences to trust creator

Part B: Section 102CA: taxation for inter vivos trust creation and trust transfers of rights to income

Part C: tax consequences of a trust creation

Part D: formalities for trust creation

Part E: constitution of trust transfers

Part F: trusts over choses in action

Chapter 6 Trusts over future property
Chapter 7 Trust variation

Part A: power to vary a trust

Part B: variations, terminations and re-creations

 

Part 3 - Trusts and Income Derivation

Chapter 8 Trusts and income derivation

Part A: derivation principles

Part B: trust creator with power to revoke or alter a trust

Part C: short-term and collapsible closely related trusts

Part D: trust creator or trust transferor receives reimbursement

Chapter 9 Trusts of shares and rights to dividends

Part A: assessability of dividends

Part B: treatment of franking credits and offsets 521

Part C: imputation integrity rules for trusts and beneficiaries

Chapter 10 Trusts of partnership interests
Chapter 11 Trusts of interests in trusts
Chapter 12 Personal services trusts

Part A: personal services income

Part B: trusts with PSI that conduct a PSB

Part C: trusts with PSI that do not conduct a PSB

 

Part 4 - Capital Transactions and Events

Chapter 13 Pre-CGT trust assets
Chapter 14 Pre-CGT beneficiaries’ interests
Chapter 15 Beneficiary and third party capital dealings

Part A: beneficiary’s interest in CGT regime

Part B: different types of beneficiary dealings

Chapter 16 Trustee and beneficiary capital dealings

Part A: simple dealings

Part B: CGT events E4, E5, E6 and E7

Part C: trust conversions

Part D: fixed trust asset splits

Part E: trust cloning

Chapter 17 Unit trusts: trustee and unitholder capital dealings
Chapter 18 Value shifting and asset stripping

Part A: overview and basic concepts

Part B: direct value shifting by trust creating a right over trust’s assets

Part C: direct value shifting by dealing in an interest in a trust

Part D: indirect value shifting within a trust

 

Part 5 - Corporatisation

Chapter 19 Corporate spin-off of trust assets
Chapter 20 Trust/company swaps
Chapter 21 Interposed companies

 

Part 6 - Trust mergers, Takeovers and Demergers

Chapter 22 Trust mergers
Chapter 23 Trust takeovers
Chapter 24 Trust demergers

 

Part 7 - Distributions, Applications and Accumulations of Trust Income and Property

Chapter 25 Distribution, application and accumulation concepts

Part A: trust law principles

Part B: trust accounting income, capital and profit

Part C: tax concepts: trust income, assessable income, net income and capital

Part D: exempt income

Part E: non-assessable non-exempt income

Part F: tax attribution of trust income ("streaming")

Part G: no tax attribution of trust losses

Part H: legal disability

Chapter 26 Present entitlement

Part A: ordinary concept of present entitlement

Part B: deemed present entitlement – vested and indefeasible interest under s 95A(2)

Part C: deemed present entitlement – income paid or applied under s 95A(1)

Part D: deemed present entitlement – discretionary trusts under s 101

Part E: deemed loss of present entitlement under s 100A

Chapter 27 Trusts with net income

Part A: general rules for trusts with net income

Part B: sections 97 and 98: taxation for beneficiaries presently entitled

Part C: special rules for beneficiaries when trustee taxed under s 98

Part D: trustee s 98 tax and beneficiary’s tax losses

Part E: beneficiary’s share of the net income

Part F: trustee and beneficiary agreements to change tax rules for capital gains included in net income

Part G: sections 99 and 99A

Part H: foreign income included in trust net income

Part I: trustee’s tax liability

Part J: sections 97 and 98 excluded by other provisions

Part K: beneficiary’s receipt of net income taxed to trustee under ss 98, 99 and 99A

Part L: uncontrolled partnership income

Part M: exempt entity beneficiaries with diverted trust income

Part N: superannuation funds with non-arm’s length trust income

Part O: trusts with capital gains and franked dividends – the "interim" streaming provisions

Chapter 28 Taxation of other distributions and applications: items not included in assessable income

Part A: trust accounting income not included in trust’s assessable income

Part B: trust capital

Part C: exempt income

Part D: non-assessable non-exempt income

Chapter 29 Family trusts and family trust distribution tax

Part A: family trusts

Part B: distributions subject to FTDT

Part C: distributions to non-residents

Part D: non-resident family trusts and interposed entities

Chapter 30 Closely held trusts, trustee beneficiaries and trustee beneficiary non-disclosure tax

Part A: closely held trusts

Part B: trustee beneficiary statements if trustee beneficiary assessable under s 97

Part C: trustee beneficiary statements if trustee beneficiary presently entitled to tax-preferred amount

Part D: TBNDT machinery provisions

Part E: TFN withholding and reporting rules

Chapter 31 Trust loss and debt deductions rules

Part A: tax losses and debt deductions

Part B: excepted trusts

Part C: fixed entitlement concept

Part D: fixed trusts that are not widely held

Part E: fixed trusts that are widely held unit trusts

Part F: non-fixed trusts

Part G: current year tax loss and debt deduction calculations

Part H: commissioner’s information powers

Chapter 32 Injected income scheme losses
Chapter 33 Corporate beneficiaries

Part A: effect of a trust distribution on company losses and bad debt deductions – Div 165 ITAA97

Part B: trust income "injected" into a company – Div 175 ITAA97

Part C: private company beneficiaries with unpaid present entitlements

 

Part 8 - Infants, Divorce and Death

Chapter 34 Infant beneficiaries

Part A: trust distributions to infant beneficiaries

Part B: Division 6AA ITAA36

Part C: Division 6AA ITAA36 excepted trust income

Chapter 35 Marriage and family breakdown

Part A: trust distributions for maintenance

Part b infant beneficiaries, court ordered trusts and Div 6AA ITAA36 excepted trust income

Part C: CGT consequences of transactions involving trusts and trust interests on marriage breakdown

Chapter 36 Deceased estates and testamentary trusts

Part A: general concepts

Part B: income of deceased up to date of death

Part C: tax events deemed to occur at death that relate back to deceased’s final tax year

Part D: deceased’s property interests that are lost on death

Part E: filing and payment obligations for deceased’s final tax year and previous years

Part F: capital dealings of interests in an unadministered deceased estate

Part G: taxation of deceased estate up to the end of its administration

Part H: tax liabilities of legal personal representatives and beneficiaries for deceased and deceased estate

Part I: asset distributions to beneficiaries from a deceased estate

Part J: testamentary trusts

Part K: application of ss 99 and 99A to accumulated income of deceased estates and testamentary trusts

Part L: capital events and dealings of beneficiary’s interests in a testamentary trust

Part M: death of a partner

 

Part 9 - Trusts Administration and Practice

Chapter 37 Trust termination

Part A: trust law rules for trust termination

Part B: trustee’s obligations on trust termination

Part C: tax consequences of terminating distributions

Chapter 38 Trusts practice issues

Part A: beneficiary issues

Part B: trustee issues

Part C: goods and services tax

Part D: criminal tax offences relating to trusts

Part E: Part IVA ITAA36 and trusts

Part F: missing trust documents

 

Part 10 – International Aspects

Chapter 39 Australian resident trusts and foreign resident beneficiaries

Part A: Australian resident trusts

Part B: Australian-source trust income

Part C: CGT assets and taxable Australian property

Part D: trust creation

Part E: beneficiary and third party dealings

Part F: trustee and beneficiary capital dealings

Part G: change of residency of a trust

Part H distributions of trust net income to non-resident beneficiaries

Part I: chains of trusts

Part J: section 99 and 99A taxation

Part K: withholding tax for non-resident beneficiary presently entitled to dividends, interest and royalties

Part L: managed investment trusts

Chapter 40 Foreign trusts

Part A: operation of Div 6 ITAA36 for foreign trusts

Part B: operation of Div 6 and Div 6AAA ITAA36 for foreign trusts and Australian resident beneficiaries

Part C: operation of Div 6 ITAA36 for foreign trusts and foreign beneficiaries

Part D: operation of double tax treaties

Part E: foreign trusts, foreign resident beneficiaries and the CGT regime

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