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...
We will seek to apply and overlay Division 6 to the position in equity on trust distributions that we have been delving into. Besides going into the core sections of ss95, 97, 99A, 101 etc. we will also consider AW Furse Will Trust. Dr. Campbell Rankine will lead us...
Dr. Campbell Rankine will lead us again through Fischer v Nemeske, this time through the lens of how it was considered in Bendel. In particular we will consider the Judgement of Gageler J and whether his honour is actually closer to the views of the dissenting Gordon...
There are different types of options: options per se, conditional contracts, and offers with consideration not to revoke. These are set out in Laybutt v Amoco. The different types of options have different legal and taxation effect, in particular with Stamp Duty. Dr....
After considering the problems with creating present entitlement to income due to the trustee’s right of indemnity, we will next consider how to make distributions of corpus to beneficiaries. We will consider the various judgements in Fischer v Nemeske and how...
Having examined the Whiting formulation, which requires for present entitlement to be created a beneficiary must have the right to demand a distribution from the income of the trust. We then discussed the inherent problem with this formulation, which is in order to...
