We will be continuing our exploration of Div 6 and the taxation of trust income. Last week we went through s96, s97 and began s95A(1). We will continue from where we left off on deemed present entitlement, and will then move to s95A(2) and s101. It may be that these provisions are fundamentally flawed given the issues with present entitlement we have explored. We will also revisit Bendel and consider whether present entitlement creates an action for money had and received and a loan for the purposes of s109D(3).
Adrian Cartland will lead us through this topic.
Required Reading:
Bendel and Commissioner of Taxation (Taxation) [2023] AATA 3074 (28 September 2023) (austlii.edu.au)