Out of the Red: Part IVA: the provisions revisited ; Discretionary trusts: an illusory problem

Published on 01 Sep 96 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

Two summaries of articles from the Red Edition of Taxation in Australia. In the first, the author writes that decisions in two recent cases show that the Australian Taxation Office had displayed suspect judgement in the assessment and determination process, putting the taxpayer to unnecessary cost. In the second, the author argues that the s 99A "present entitlement" dilemma is more perceived than real for trustees and contends that their attempts to fix it may lead to dangerously ineffective "solutions" - perhaps even breach of trust.

Author profiles

Justice Richard Edmonds CTA

Justice Edmonds was appointed to the Federal Court of Australia in May 2005. At that time he was a practising Barrister at the New South Wales Bar. He graduated from the University of Sydney with a Bachelor of Arts and Master of Laws. After 15 years in practice as a Solicitor, he was called to the New South Wales Bar in 1985. He was appointed Senior Counsel in 1995. - Current at 17 May 2017

More by Richard F EDMONDS

• Structural tax reform: What should be brought to the table? - 01-August-2015
• Judicial approaches to the application of the Income Tax Assessment Acts to intra-group transactions discernable from recent cases paper - 06-October-2011
• Judicial assessment of the performance of the goods and services tax as an instrument of tax reform paper - 08-September-2011
• The distinction between capital and revenue and its continuing relevance to tax matters paper - 03-March-2010
• Editorial message - The taxation of company distributions: the implications of Condell - 01-June-2007
• Recourse to foreign authority in deciding Australian tax cases. - 01-March-2007
• Five years of GST paper - 13-October-2005
• Part IVA and Division 165: where are we now and where are we heading? paper - 06-October-2005
• Part IVA & Anti Avoidance - Where are we now? - 01-February-2003
• Gambling on interest deductions - 30-May-1998
• Interest deductibility for corporates - 13-November-1997
• The nexus for liability - the concept of an interest paper - 24-August-1995
• Assessable income: unravelling the second strand - 01-June-1992
• Recent developments in capital gains tax issues. Outline - 01-January-1992
• Cooling questioned: a correct decision? - 01-May-1991
• Section 51 and its place in the Act - 01-January-1990
• Negative gearing - 01-January-1986
• Capital gains tax - 01-January-1986
• Transfer of losses within company groups - 01-December-1984
• Unitary tax - 01-April-1984
• Exchange control - 01-January-1982
• FIRB and exchange control - 01-January-1981
• The taxation of trusts - 01-December-1980
• Australia's double tax agreements and industrial and commercial profits: an analysis and comparison - 01-October-1979
• Trusts and partnerships: report on Income Tax Amendment Act, 1979 - 01-April-1979
• The trend of Section 51: form v substance - 01-December-1976

Click here to expand/collapse more articles by Richard F EDMONDS.

Dr Mark Robertson CTA

Mark is a Queen’s Counsel with chambers in Brisbane and Sydney. He has appeared in many anti-avoidance cases Australia-wide for taxpayers and for the Commissioner. - Current at 24 May 2017

More by Mark L ROBERTSON

• Fraud or evasion paper - 18-March-2015
• What you need to know about contemporary issues impacting private business at the moment paper - 26-April-2013
• GST ruling system in practice paper - 06-September-2012
• Valuations in the revenue context paper - 14-March-2012
• The journey of Part IVA paper - 10-February-2011
• Bamford v Federal Commissioner of Taxation paper - 05-March-2010
• Bamford paper - 19-November-2009
• Current issues in the taxation of trusts paper - 14-March-2008
• Trusts: hot issues paper - 14-November-2007
• Penalties in the GST world paper - 26-October-2007
• Recent developments in the taxation of trusts paper - 03-August-2007
• A disregard of the law - Commissioner of Taxation v Indooroopilly Children Services (Qld) Pty Ltd - 01-June-2007
• The Operation of the GST Anti-Avoidance Provisions Following the Decision in VCE paper - 25-May-2007
• Changes to trusts leading to the creation of a new trust estate: principles to be applied by the ATO paper - 06-December-2006
• Trusts - review your strategies convention paper - 05-June-2004
• Trusts and Divorce: the new 109UB seminar paper - 27-May-2004
• Trusts & Interest - Issues that Demand Attention - Now! seminar paper - 09-February-2004
• Practical Issues in Objection and Appeal Procedures - Stamp Duty and Payroll Taxes seminar paper - 24-July-2003
• Year end issues: trusts - 30-April-2002
• Dealing with the Commissioner - 27-July-2001
• Loans - The Need to Restructure - 18-May-2001
• CGT: Minimising Capital Gains Tax in the Tax Reform Structure - 11-May-2001
• Capital Gains Tax: Minimising Capital Gains Tax in the Tax Reform Structure - 24-March-2001
• Loans and FBT: Nexus with Employment Contracts - 01-March-2001
• Trusts - Estate Planning Issues within Entity Legislation - 17-February-2001
• Capital Structure of Trusts - 12-February-2001
• Loans & FBT - The nexus with employment contracts - 12-February-2001
• CGT Rollovers for Small Business - 03-November-2000
• Division 7A - 08-September-2000
• Entity taxation - 15-February-2000
• Resettlements,division 7A and trusts and ultimate beneficiary reporting requirements - 22-October-1999
• Trusts - why the Commissioner is right! - 01-October-1999
• Trusts resettlements: Changes trusts leading to the creation of a new trust estate - 26-August-1999
• Trusts resettlements: Changes trusts leading to the creation of a new trust estate - 26-August-1999
• Resettlements, Division 7A, trusts, ultimate beneficiary reporting requirements - 26-August-1999
• Don't lose your trust - 21-April-1999
• Division 7A - 12-April-1999
• GST basic framework - 18-February-1999
• Don't lose your trust - 24-November-1998
• Taxation planning strategies - 06-October-1998
• Recent developments - Orica and Bellinz - 25-August-1998
• Recent Developments: Orica & Bellinz - 25-August-1998
• Section 108: the amendments and consequences - 09-February-1998
• Section 108: new tax legislation pending: take action now - 06-November-1997
• Section 108: Income Tax Assessment Act 1936: Existing & proposed legislation - 05-November-1997
• Companies and Trusts - 06-September-1997
• Companies & Trusts - 05-September-1997
• Companies & Trusts - 05-September-1997
• Section 108 ITAA: debit loans accounts before and after the Budget - 30-May-1997
• Debit loan accounts section 108 - 03-March-1997
• Resident companies and trusts - 09-August-1996
• Discretionary trusts: an illusory problem - 01-August-1996
• Instruments of variation of beneficiaries: the revenue has tripped over Lord Simonds' foot - 01-March-1996
• Debit loan accounts - a dilemma - 01-January-1996
• Beneficiaries' rights re-examined: a sterile debate takes on practical significance - 01-October-1995
• Section 108 ITAA - loans to shareholders and associates deemed to be dividends - 29-August-1995
• Anti-avoidance provisions: Part IVA - 01-October-1991

Click here to expand/collapse more articles by Mark L ROBERTSON.