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Resettlements, Division 7A, trusts, ultimate beneficiary reporting requirements

Published on 26 Aug 99 by QUEENSLAND DIVISION, THE TAX INSTITUTE

There have been three recent developments in the taxation of trusts : the Commissioner's statement of what is a resettlement of a trust; the application of the deemed dividend provisions (Div. 7A) to trusts and the Commissioner's disturbing approach to interpretation; and the requirements imposed on trustees of closely held trusts to disclose ultimate beneficiaries. The paper is detailed in its treatment of resettlements. The author stresses that the views he has expressed are vehemently opposed by a number of leading experts in the area. What this means is that the question of what constitutes a resettlement for CGT purposes will ultimately go to court.

Author profile

Dr Mark Robertson CTA
Mark Robertson, CTA conducts an Australia-wide practice specialising in revenue and trust law. Mark is listed as a leading tax QC by Chambers & Partners Asia Pacific and listed as ‘Preeminent’ by Doyle’s Guide. He has appeared for commonwealth and state revenue authorities, Australia’s leading corporate groups, high net wealth individuals, as well as foreign investors in relation to proposed and completed domestic and cross-border transactions (including in estate and family law contexts). He has acted for the Commissioner in several s100A cases. - Current at 17 June 2020
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