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Trust distributions after Bamford


In the recent decision of Bamford V FCT, the Full Court of the Federal Court has sought to resolve two of the most contentious issues which arise in relation to the taxation of trust income; namely, the meaning of the word “share” and the meaning of the words “income for the trust estate” in s 97 ITAA36. In this article, the author considers the practical implications for taxpayers of the Full Court’s decision.

Author profile

Kenneth Schurgott CTA-Life
Ken Schurgott, CTA-Life is a Solicitor - Director of Schurgott & Co Lawyers specialising in taxation matters (including State Taxes, stamp duty, payroll tax and land tax) and with extensive experience in business structuring, business sales and acquisitions, asset protection, succession planning and trust and estate law. Ken is very experienced in tax dispute matters, negotiations for settlements, mediations and conciliations and litigation. He regularly appears before the AAT and NCAT and instructs counsel in matters before the Courts. Ken has been heavily involved in consultations with the ATO and Treasury on matters involving trusts including the inter-relation with Division 7A. He was National President of The Tax Institute in 2012. - Current at 28 September 2017
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