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Trusts - Where are we at with amending trust deeds after Clark? paper

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Published on 13 Mar 13 by NATIONAL DIVISION, THE TAX INSTITUTE

This paper explores the circumstances where a trust deed can be amended, and without causing adverse taxation consequences. In particular, it deals with the decision in Commissioner of Taxation v Clark, the subsequent withdrawal of the ATO’s Statement of Principles and the issue of draft Taxation Determination TD 2012/D4. It also focuses on:

  • changes that may be required to existing trust deeds as a result of the High Court decision in Bamford
  • the introduction of the streaming legislation
  • possible future developments.

Author profile

Grahame Young FTI
Grahame Young, FTI, practises as commercial counsel with Francis Burt Chambers, Perth. Prior to commencing practice as a barrister in 2001 he had broad experience as a solicitor and company director. Grahame’s principal areas of practice include transactional taxes, equity, trusts and succession, corporate and property law. He has a particular interest in structuring and restructuring corporate and family groups. He has spoken and written extensively on a wide range of legal and taxation topics for The Tax Institute and otherprofessional bodies. He is editor of Duties Legislation Western Australia. Grahame has served as State Chair and National Councillor of The Tax Institute and is the proud recipient of the Institute’s Meritorious Service Award. - Current at 09 June 2020
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