Source: Taxation In Australia Journal Article
Published Date: 1 Sep 2018
The arrival of TD 2018/D3 on trust splitting disrupts the pleasant calm around trust variations since TD 2012/21, when the ATO seemed to throw its hands in the air post-Clark and say that almost anything done in accordance with powers under a trust deed is not a resettlement. The draft ruling introduces a different approach to trusts, the new trust view, which has historically been a minority view supported by such thinkers as Dr Campbell Rankine and Mark Robertson, QC.
By adopting the new trust view in regard to trust splitting, the ATO will (correctly) put CGT event E1 as a live issue on each change in trustee of a trust. What constitutes a resettlement will need to fi nally move away from the substratum of the trust tests in line with more recent authority.
Assorted problems with "payment" - Journal 01 May 2023
Assorted Problems with Payment - Paper 08 Mar 2023
Assorted Problems with Payment - Presentation 08 Mar 2023
Assorted Problems with Payment - Audio 08 Mar 2023
The new online world of our clients - Audio 18 Oct 2021
The new online world of our clients - Presentation 18 Oct 2021
The new online world of our clients - Video 18 Oct 2021
Tomorrow's tax practice: part 2 - Journal 01 Oct 2021
Tomorrow's tax practice: part 1 - Journal 01 Sep 2021
How does the change agenda impact the tax profession? - Paper 11 Mar 2020
The material is copyright. Apart any fair dealing for the purpose of private study, research criticism or review, as permitted under the copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.
Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.
The Tax Institute
(ABN 45 008 392 372 (PRV14016))
The Tax Institute is a Recognised Tax Agent Association (RTAA) under the Tax Agent Services Regulations 2009.
All materials provided on this site are protected by copyright and are owned by or licensed to TTI.
Except as expressly permitted by TTI or the copyright owner, any person or company who uses this site must not use, reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, the materials or any information, software or other content, in whole or in part, which is available through this site.