Miscellaneous 2006

How fixed is your trust - can you assume that it will survive a change of the ATO's present view?

Published Date: 7 Apr 2006


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

"Fixed Trust" has become a recurrent building block in tax legislation however there are strong suggestions that the concept does not technically work in the manner that is suggested with potentially diabolical consequences in the future including:

  • Where the concept of fixed trust is relied on in tax legislation
  • Where courts are heading - the recent views of the High Court
  • The concerns about the proper legal interpretation
  • If you can't rely on the law can you rely on the Commissioner's discretion?
  • Evolution of the concerns via the NTLG 


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.


Miscellaneous 2006

Share this page