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Service trusts paper

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Published on 08 Oct 05 by VICTORIAN DIVISION, THE TAX INSTITUTE

No recent issue has aroused the interest of tax practitioners as much as the ATO's new approach to Service Trusts. This paper critically considers the ATO's recently published views and consider whether in fact anything has changed!

  • Phillips case - why it prevailed
  • can the Commissioner now say 'how much a taxpayer ought to spend in obtaining his income'?
  • is the Ronpibon/Cecils Bros principle dead?
  • 'aggressive' service trust arrangements In the light of Phillips case and Part IVA
  • are service trusts still effective asset protection strategies?
  • does the ATO booklet on service trusts require transfer pricing principles to be applied when determining deductibility?

This was also presented on 15 October 2005 at the Tasmanian State Convention in St Helens.

Author profile

John de Wijn KC CTA - Life
John de Wijn KC AM, CTA (Life), specialises in revenue law, with a particular emphasis on taxation law and stamp duty. John was called to the Bar in 1984, after practising as a solicitor for 9 years. He took silk in 1997. John is regularly consulted by large corporations and the Australian Taxation Office seeking advice on the intersection of revenue law and commercial practices. John served as a Victorian State Councillor of the Taxation Institute of Australia from 1989 to 1997 and again from 2002. He was president of the Taxation Institute in 2005. John has also been a member of the Taxation Committee of the Law Council. - Current at 17 April 2025
Click here to expand/collapse more articles by John W DE WIJN.

 

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