The Whiting formulation and the Harmer formulation are widely relied upon in determining whether there is present entitlement to the income of a trust. However, there are problems with both of these formulations and this puts in issue common understandings of present...
There is a strange deeming of capital gains made by partners in a partnership. The legislation does not fit comfortably with partnership law. We are going to explore how this strictly operates and how the ATO interprets it. Dr. Campbell Rankine will lead us through...
Drawings to and from the accounts of partners is an essential aspect of partnerships. In a recent PBR the ATO considered partnership drawings to be a loan or financial accommodation for the purpose of Division 7A. Are the PBRs an anomaly or will the ATO seek to...
We will look at the recent case concerning Master Wealth Control Pty Ltd (the DG Institute) and Dominique Grubisa and the purported claims of creating novel trusts by the name of “Vestey Trusts”, the attempts at gift and loan back for asset protection, attempts to...
The next step in our exploration of fungibles and equitable rights in relation to them is considering trading stock and when it is on hand and how it can be dealt with. Led by Dr Campbell Rankine Required reading: Farnworth v Federal Commissioner of Taxation [1949]...
Where an asset is sold and then bought back to crystallise a CGT Event the ATO seeks to apply Part IVA. But there are more fundamental issues where fungibles are involved in trusts, as seen in the discussions in White v Shortall. Led by Dr Campbell Rankine Required...
