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Keeping modern trusts relevant: Getting trust distributions right after Bamford and Cajkusic paper

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Published on 17 Aug 10 by QUEENSLAND DIVISION, THE TAX INSTITUTE

This paper covers:

  • differences between taxable & trust income and problems they cause - explanation and examples
  • problems caused by proportionate view: recipient may not pay appropriate tax and no trust income
  • ways to resolve this problem: income clause and ability of trustee/trust deed to determine what is "trust income"
  • Commissioner's view and Bamford's case
  • situation post Bamford: practical examples.

Author profile

Michael Butler CTA
Michael is the Partner in charge of the Finlaysons Tax & Revenue Group. Michael advises domestic and foreign clients on federal, international and state tax matters, and has a special interest in corporate restructurings, cross-border investment, property, wine and mining taxation, trusts, and estate and succession planning. Michael is a past chair of The Tax Institute’s South Australia State Council and a regular contributor to Institute events. - Current at 22 February 2021
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Keeping modern trusts relevant: Getting trust distributions right after Bamford and Cajkusic

Author(s):  Michael BUTLER

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