Published on 01 Jun 10
by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE
The High Court has now decided that a beneficiary 'share of the income of the trust estate' under section 97 is to be determined under the proportionate approach and 'the income of the trust estate' is its income according to trust principles. This paper deals with the decision, the issues still to be resolved and the need for legislative reform.
Terry Murphy QC, CTA, has focussed on advising and appearing for taxpayer and revenue authorities in the Federal Court and High Court and in alternative dispute resolution for over 30 years. He was appointed to be the Special Counsel to the Australian Taxation Office from 2008 to 2010, is a member of Taxation Subcommittee of the Law Council, Chair of the Tax Group Advisory Board, and a Senior Fellow of the University of Melbourne Law School.
- Current at
30 August 2017