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When is a benefit from a trust not a fringe benefit? When it’s an “ownership” benefit


When a corporate trustee of a trust provides a benefit to a director who is a beneficiary of the trust, it can sometimes be difficult to determine in what capacity that benefit is received. For example, where a corporate trustee of a trust owns and operates a business, the director of the corporate trustee works in the business, the director is a beneficiary of the trust and the director receives a benefit from the trust, does the director receive that benefit in their capacity as an employee, a director, a beneficiary or as an “owner”?

Author profile

Philip Broderick CTA
Phil is a principal of Sladen Legal and heads its superannuation team. He is a member of a number of superannuation related committees. This includes being the co-chair of The Tax Institute’s superannuation committee and the chair of SISFA’s technical and policy committee. He is also a member of a number of the ATO’s superannuation liaison groups including the Superannuation Industry Relationship Network (SIRN) and the Superannuation Industry Stewardship Group (SISG). Phil is also heavily involved in liaising with Treasury and ATO in relation to the implementation of new super laws and administrative practices. Phil’s areas of practice include superannuation, duties and state taxes, estate planning and succession, trusts, federal tax and business structuring. Phil was listed in the 2020 and 2021 Best Lawyers Australia for superannuation law and was the winner of the SMSF Association’s SMSF Specialist Advisor (SSA) Top Achiever Award in 2019. His articles have featured in The Tax Institute’s Taxation in Australia Journal and CCH’s Super News. He has presented at seminars and conferences conducted by The Tax Institute, the SMSF Association, the Television Education Network, Legalwise and various accounting bodies. - Current at 23 February 2021
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