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Current issues relating to trusts Division 6C and MITs paper


This paper covers:

  • taxing the trustee of a transparent trust – the current rules:
    • how and when does the Tax Act assess trustees for tax liabilities of the trust?
    • collecting tax from the trustee
    • absolute entitlement- taxing the trustee or the beneficiary
    • assessing trustees where there has been a resettlement of a trust
    • which trustee to collect from where there is a change of trustee?
    • collecting taxes from a trustee in liquidation
    • withholding taxes.

Author profile:

Karen Payne CTA
Karen Payne, CTA, is the inaugural Chief Executive Officer of the Board of Taxation • effective 31 March 2016. Karen was appointed as a member of the Board of Taxation in May 2015. She is also the Chair of the Board’s working group advising on the implementation of the Organisation for Economic Co-operation and Development (OECD) BEPS Action 2 Report • Neutralising the Effects of Hybrid Mismatch Arrangements. Karen was a member of the advisory panel of the Board of Taxation from 2010 until her appointment to the Board in May 2015. Karen was previously a tax partner with Minter Ellison specialising in corporate, funds and international tax. She has over 20 years experience as a taxation adviser at top-tier legal and accounting firms. She is a Chartered Tax Adviser and member of Chartered Accountants Australia and New Zealand. She has a degree in Law and Commerce and Masters Degree in Taxation, all from the University of New South Wales. She has extensive experience managing complex tax-related matters for major multinationals, publicly listed companies and Australian IPOs across the financial services, property, mining, energy and utilities sectors. Current at 04 August 2016 Click here to expand/collapse more articles by Karen PAYNE.

This was presented at 2014 Financial Services Taxation Conference.

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