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Trusts: Current state of play paper

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Published on 07 Nov 13 by NATIONAL DIVISION, THE TAX INSTITUTE

Although the government has proposed reforming the trust provisions, the start date for those rules is not until 1 July 2014. This paper considers a number of difficult issues that are currently arising in practice with the recent amendmentsto Div 115 and 207 of the ITAA97, and the interplay between Div 6 and the deemed dividend rules in Div 7A of the ITAA36.

This paper covers, among other things :

  • streaming in practice – what practical difficulties have arisen?
  • practical difficulties with interposed trusts in complex structures and Div 7A 
  • Division 7A and Part IVA – specific versus general anti-avoidance rules – can trusts be caught in the middle?
  • review of Div 7A and trust UPEs from an accountant’s perspective.

Author profile

Arthur Athanasiou CTA-Life
Photo of author, Arthur ATHANASIOU Arthur Athanasiou, CTA (Life), is an Accredited Tax Law Specialist and Principal of AGA Legal Pty Ltd. He is a highly competent and well-respected tax lawyer with 30 years’ experience. While he provides clients with tax and structuring advice, his main area of focus is in resolving tax disputes with the ATO and SRO and settling tax audits. Arthur also practises in matters involving tax agents and inquiries by the Tax Practitioners Board including appealing adverse TPB decisions. His practice also extends to white-collar crime, and other taxation offences. He also has a Deceased Estates practice. Arthur has qualified as a Chartered Accountant and is a former President of The Tax Institute. He has been appointed as an Adjunct Professor at La Trobe University Law School and chaired the Law Institute’s Tax Law Advisory Committee for a decade. Arthur has been recognized by Doyle's Guide who has recognized him as a "Leading Lawyer, Tax Law, Victoria" multiple times (2016, 2018-2024) and a "Recommended Lawyer, Tax Law, Victoria" (2015, 2017). Best Lawyers Peer Review recognised him as "Best Lawyer Trusts and Estates" (2022-2026) and for his work in Tax Law (since 2023). He is a widely published writer on taxation issues and regularly appears in mainstream media and presents at tax conferences and seminars. - Current at 03 June 2025
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This was presented at 21st National Tax Intensive .

Get a 20% discount when you buy all the items from this event.

Individual sessions

Trusts: Current state of play

Author(s):  Arthur ATHANASIOU

Materials from this session:

Trust reform: A practitioner's perspective

Author(s):  Fabrizio PORCARO

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Small business concessions

Author(s):  Angie HICKS,  Anna TRAN

Materials from this session:

The "new" Part IVA

Author(s):  Grant WARDELL-JOHNSON

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Case studies & solutions

Author(s):  Vanessa PRIEST

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Further details about this event:

 

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