Published on 01 May 10
by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE
The decision of Clark was handed down by the Federal Court in November 2009 and rejected the Australian Tax Office's attempts to confine the principles enunciated by the High Court of Australia in Commissioner of Taxation v Commercial Nominees of Australia Ltd to superannuation trust deeds. Clark provides guidance as to when a new trust will be created and contains some notable judicial comment, particularly in relation to trading trusts.
Damien works for Ernst & Young.
Current at 1 April 2014
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