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Section 97 – Escaping the consequences of proportionality

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Published on 01 Oct 06 by "THE TAX SPECIALIST" JOURNAL ARTICLE

The assessment of the net income of a trust estate to a beneficiary by reference to its entitlement to the income of the trust estate creates a number of anomalies especially where the net income includes net capital gains. Practitioners have tried to overcome the problem by, for example, defining the income of the trust estate by reference to its net income and, more recently, beneficiaries have disclaimed their entitelments. However neither method is entirely satisfactory and each requires careful attention to the trust deed.

Author profile

Terry Murphy QC, CTA
Terry has focused on advising and appearing for taxpayer and revenue authorities in the Federal Court and High Court, and in alternative dispute resolution for over 30 years. He was appointed to be the Special Counsel to the Australian Taxation Office from 2008 to 2010 and was a Past President of the Tax Bar Association. Terry is a member of Taxation Subcommittee of the Law Council, Chair of the Tax Group Advisory Board, and a Senior Fellow of the University of Melbourne Law School. - Current at 30 August 2021
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