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  2024

Trusts and tax integrity provisions

Published Date: 6 Jun 2024

 

This session looked at the myriad of integrity measures applicable to trusts, by reference to recent case law – in particular:

  • The application of Part IVA to trust distributions (as was considered in Minerva Financial Group Pty Ltd v Commissioner of Taxation [2022] FCA 1092 and the subsequent full Federal Court decision Minerva Financial Group Pty Ltd v Commissioner of Taxation [2024] FCFCA 28) and how the principles considered by these cases might apply more broadly to small businesses or investments held via a family trust; and
  • Consideration of the application of the dividend stripping provisions, by reference to the recent decisions in BBlood (B&F Investments Pty Ltd as trustee for the Illuka Park Trust v Federal Commissioner of Taxation [2023] FCAFC 89) and Michael Hayes (Michael John Hayes Trading Pty Ltd as trustee for the MJH Trading Trust v Commissioner of Taxation [2023] AATA 3005).

The session also considered the current state of play in relation to the application of 100A.

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Author(s)

Individual Session

Author(s): Mark West
Materials from this session:

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Details

  • Published By: Mark West
  • Published On:6 Jun 2024

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