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Trusts and the franking credits trap: Can we fix it?

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Published on 01 Feb 20 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

The Commissioner considers that a beneficiary’s interest in the corpus of a unit trust cannot be fixed. How then can beneficiaries access franking credits on franked dividends received by a trust?

Author profile

Laura Hussey ATI
Laura Hussey, ATI, is a Senior Associate at KHQ Lawyers in the Tax and Structuring Team. Laura’s principal areas of practice include federal and state tax, structuring and restructuring, business and personal succession planning, tax disputes, trust law and the taxation of crypto assets. Laura has experience in both Australia and the United Kingdom and works an array of clients from familyowned businesses to large multinational corporations. Laura has a wealth of experience across a variety of industries and is a trusted advisor and advocate for her clients. Laura is a member of The Tax Institute’s VIC State Council, Trusts Intensive Committee, Local Tax Club Committee and is Chair of the SME Stream for the VIC Annual Tax Forum. - Current at 17 October 2025
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