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Trust distributions paper


This paper outlines the most important variables in a trust deed.  It discusses the nature of the trust (fixed, unit or discretionary), the description of the beneficiaries (including the presence of any exclusionary provisions), and the definition of income. Topics covered are:

  • drafting income clauses in trust deeds
  • how to effect distributions of income
  • how to effect distributions of capital
  • who is taxable if a distribution is not valid.

Author profile:

Author Photo - Michael Flynn QC CTA-Life
Michael Flynn QC CTA-Life
Michael is a Barrister specialising in taxation, is the immediate past National President of The Tax Institute. Michael has appeared before the Federal Court and the High Court in many cases on behalf of both taxpayers and the Commissioner. Michael has been a member of various committees of The Tax Institute for over 20 years, including Victorian State Council (he is a past State Chair) and National Council. He lectures in the postgraduate program at Melbourne University. Current at 02 June 2015 Click here to expand/collapse more articles by Michael FLYNN.

This was presented at Trusts for day to day.

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Individual sessions

Family trust elections: What if you can't make a family trust election?

Author(s):  Nabil (Bill) F. OROW

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