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Burton v FCT – The death of the Aussie trust in international tax planning

Published on 01 Aug 20 by "THE TAX SPECIALIST" JOURNAL ARTICLE

Burton v FCT is one of the most impactful tax cases of the last decade. It will have a dramatic impact on the manner in which Australian and foreign capital utilises Australian structures to invest in US assets. In this article, the author explores the impact of the case on the derivation of US sourced capital gains by the trustee of an Australian discretionary trust and what this will mean for the future of trusts when it comes to international tax planning for private clients.

Author profile

Peter Harper
Peter is the CEO of the Asena Group, a multi-family office. He has spent most of his career advising foreign-owned, privately held businesses and family offices on global structuring and US inbound investment. Peter's core focus is extracting value for family offices, and he believes in a “stakeholder framework” to corporate taxation. The “stakeholder framework” encompasses the development of a tax strategy that facilitates value for families, rather than for the portfolio companies that they invest in or manage. - Current at 20 April 2020
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