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Trust hot topics
Published on 01 Jul 21 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE
This article relates to an array of trust and taxrelated issues that practitioners will come across in their day-to-day practices and which have significant technical content. The interplay of the streaming “reforms” and foreign beneficiaries enjoying distributions of capital gains is very topical and the subject of current judicial review. Trust vesting and trust splitting have each been the subject of recent binding guidance from the ATO which requires careful analysis before acting on the guidance. State/territory governments
have been active in causing trust deed amendments to be made to avoid surcharges which can have significant flow-on consequences for trusts in an income tax context. Division 6D of the Income Tax Assessment Act 1936 is a “sleeper” that can catch practitioners unaware.