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Unpaid Present Entitlements – A New Approach to Taxing Trust Distributions

Published on 11 Feb 2010 | Took place at The Perth Concert Hall , WA

Just before Christmas, the Tax Office released a very controversial draft ruling on the tax treatment of unpaid present entitlements (UPE). The draft ruling raises exceptionally complex trust and tax law issues which will have hard practical consequences for trustees, beneficiaries and their advisers. The draft ruling is intended to have both retrospective and prospective application depending on what technical issues are seen to be involved. This event identified the issues addressed by the draft ruling, considered the basis of the Tax Office’s position and provided guidance on practical responses to this new approach.

Note: Ken Schurgott's paper Draft Taxation Ruling TR 2009/D8 – Sense Or Nonsense? was also delivered at the 11 February 2010 event Unpaid Present Entitlements - A New Approach to Taxing Trust Distributions held in Sydney. That paper can be downloaded there.

Individual sessions

Unpaid present entitlements TR 2009/D8 – Sense or nonsense?

Author(s):  Graeme COTTERILL

This presentation covers:

  • background to Division 7A
  • lead up to draft ruling
  • Draft TR 2009/D8:
    • what it says and what (we think) it means
    • practical issues
    • sense or nonsense?
Materials from this session: