Miscellaneous 2021

Dastardly implications arising from Greensill and Martin decisions - attribution and discretionary beneficiaries

Source: The Tax Specialist Journal Article

Published Date: 1 Oct 2021


Five justices in the Greensill and Martin decisions have unanimously decided that the attributed income of a discretionary beneficiary was not from the CGT event to allow access to an exemption/disregard. However, if you look at the under-litigated judicial analysis of the single undefined word from in the charging provisions of s 6-5 and s 6-10 of the Income Tax Assessment Act 1997 (Cth) (ITAA97), especially in the under-litigated s 6-10, you will observe good unanimous legal reasoning from the four recent decisions to doubt whether attributed or non-owned income can satisfy the undefined from precondition for inclusion of amounts in assessable income where the amounts do not factually represent property owned by the person.

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  • Published By: Tim Galvin
  • Published On:1 Oct 2021

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Miscellaneous 2021

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