Taxation of Trusts



One question that has cut across recent Australian tax policy debates in relation to taxing corporations and private trusts, but has not been made explicit,… Read More ›

Entity Taxation and Flow-Through Taxation: When Should We Apply Each Method of Taxation?

Trust property which persons effectively control may be forfeited to the Commonwealth as ‘unexplained wealth’ unless a court is satisfied that the property was not… Read More ›

Trusts, Tax and Criminal Law

A quiet part of the Federal Budget 2021-22, which has not received much attention in the Australian press or the broader post-Budget analysis, was the… Read More ›

[Budget Forum 2021] Could It Pack a Punch? Maybe, but There’s a Lot at Stake: The Reactivation of the Corporate Collective Investment Vehicle

In Australia, trusts (particularly discretionary trusts) are often used to achieve tax optimal outcomes for beneficiaries. Attempts to engage in ‘income splitting’ within families are… Read More ›

The Taxation of Capital Gains in Trusts after Bamford: A Critical Evaluation of Subdivision 115-C ITAA97

We’re told Australia has a progressive tax system – the more you earn, the higher the rate. And that’s certainly the case for earnings from… Read More ›

Progressive in Theory, Regressive in Practice: That’s How We Tax Income From Savings

Australian tax treaties are undergoing the most extensive revision in their history as ratifications under the Multilateral Convention to Implement Tax Treaty Related Measures to… Read More ›

Australian Tax Treaties and Transparent Entities After the Flood

There are a large number of trusts, particularly discretionary trusts, in Australia. This was highlighted in one of the Australian Labour Party’s (ALP) tax reform… Read More ›

Why We Use Private Trusts in Australia: The Income Tax Dimension Explained

Since 1988, the New Zealand income tax law allowed foreigners to use trusts established in New Zealand (referred to as “foreign trusts”) to avoid or… Read More ›

Using New Zealand Trusts to Escape Other Countries’ Taxes

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