2023 Trusts Primary production

Trust distributions for primary producers in a changing landscape

Source: QLD, Online

Published Date: 15 Jun 2023


This session provides practical guidance on making effective primary production trust distributions in the context of the Commissioner’s guidance on section 100A (PCG 2022/2 and TR 2022/4), Division 7A, the Guardian AIT Pty Ltd case and the BBlood case. Mark will review the background against which trust distributions will be made on a prospective basis and provide guidance as to strategies that may be employed to reduce the risk of non-compliance.

Topics covered included:

  • A comprehensive review of historical authorities and a critical analysis of the Commissioner’s current position with respect to s 100A (PCG 2022/2 and TR 2022/4) and Division 7A and Part IVA in light of Guardian and Minerva
  • Identifying key issues that need to be considered when making trust distributions to ensure compliance with the Commissioner’s guidance and reduce the risk of Australian Taxation Office inquiry; and
  • Identifying potential impacts on the commercial activities carried on by trusts as a result of the Commissioner’s current position – Potential impacts may include a reduction in the amount of trust working capital or increasing the cost of working capital.

Sorry, this is subscriber only content.

If you're not yet a subscriber, to gain access to this material and much more - Subscribe Now.

Already a Subscriber? Login now

Already a Subscriber? Login now


The material is copyright. Apart any fair dealing for the purpose of private study, research criticism or review, as permitted under the copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.

Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

The Tax Institute
(ABN 45 008 392 372 (PRV14016))


The Tax Institute is a Recognised Tax Agent Association (RTAA) under the Tax Agent Services Regulations 2009. 

Copyright Statement

All materials provided on this site are protected by copyright and are owned by or licensed to TTI.

Except as expressly permitted by TTI or the copyright owner, any person or company who uses this site must not use, reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, the materials or any information, software or other content, in whole or in part, which is available through this site.


2023 Trusts Primary production

Share this page