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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

Michael Flynn QC CTA-Life
Photo of author, Michael FLYNN Michael is a Barrister at Owen Dixon Chambers West, specialising in taxation and was National President of The Tax Institute in 2014. He is the author, with Miranda Steward, of Death and Taxes, and with James Kessler, QC, of Drafting Trusts and Will Trusts in Australia, the second edition of which was recently published. 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 and is President of the Tax Bar Association. - Current at 12 July 2018
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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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