International tax & business 2020

Burton v FCT - The death of the Aussie trust in international tax planning

Source: The Tax Specialist Journal Article

Published Date: 1 Aug 2020


Burton v FCT is one of the most impactful tax cases of the last decade. It will have a dramatic impact on the manner in which Australian and foreign capital utilises Australian structures to invest in US assets. In this article, the author explores the impact of the case on the derivation of US sourced capital gains by the trustee of an Australian discretionary trust and what this will mean for the future of trusts when it comes to international tax planning for private clients.

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International tax & business 2020

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