Tax Training
About Tax Training
Cartland Law’s Tax Training is held each week from 9 am to 10 am on Friday mornings. We have been holding these Tax Training in some form from over a dozen years. Originally, they were held for the staff of Dr Campbell Rankine and open to interested parties. Dr Rankine still leads the majority of the sessions.
The format of the tax trainings is a discussion group and not a lecture. They are at an advanced level and intended to delve deep rather than wide. You receive 1 CPD Point for attendance.
Typically, we discuss one case per week. The nature of the discussion is not predictable (indeed the best parts are often tangential discussions) and sometimes the case may be extended across multiple weeks. The cases chosen for discussion are either part of deep dives down particular topics (eg the nature of a beneficiary’s interest in a trust) or novel judgments as they are arise. Accordingly, while there is an overarching narrative the subject for the next week can only be truly finalised one week in advance. Sometimes topics are set in advance (particularly when the discussion leader is from interstate) and the narrative will flow around that set session.
We consider black letter law. Accordingly, Tax Training is suitable for both private practitioners and officers of the revenue as we ultimately have the same aim: to ensure that taxpayers pay the correct amount of tax.
If you would like to attend a particular week, please RSVP below on this page using the form before the event with your coffee/tea order and we will have it waiting for you when you arrive. Alternetively you can email our office manager Pamelia. Places will be secured by the first responders. Unfortunately, due to the nature of the discussions, they are in-person only. There is no cost to the trainings.
There is a mailing list to join if you would like to be alerted to the Tax Training topics on a week-to-week basis.
Upcoming Sessions
Tax Training – 20/09/24 – Dr Campbell Rankine: Bamford, Oswal and Subdivision 115-C Specific Entitlement
Dr Campbell Rankine will again lead the discussion on Oswal and when a new trust is created, settled or resettled. We will continue our discussion on present entitlement, absolute entitlement and specific entitlement, through Bamford and Subdivision 115-C. ...
How to attend
Fill out the form to the right by adding in your name, email address, name and date of the event you will be attending and what drink you would like to have.
Tax Training Attendance Form
Cartland Law’s Tax Training Notification List
Subscribe to the Tax Training Email List to recieve an email each Friday afternoon notifiying you about the Tax Training session for the following week, plus reading and preparation materials.
Cartland Law’s Tax Training Notification List
Subscribe to the Tax Training Email List to recieve an email each Friday afternoon notifiying you about the Tax Training session for the following week, plus reading and preparation materials.
Proposed Sessions
Proposed Upcoming Tax Training Cases
For the past 12 months we have been on a thematic arc considering the meaning of "apply" in relation to trust income and capital. This has centred around Fischer v Nemeske Pty Ltd [2016] HCA 11 and the cases leading up to it. Prior to that the arc was on the nature of...
Past Sessions
Tax Training – 30/08/24 – Dr Campbell Rankine: Bamford, Oswal and Subdivision 115-C Specific Entitlement
Dr Campbell Rankine will again lead the discussion on Oswal and when a new trust is created, settled or resettled. We will continue our discussion on present entitlement, absolute entitlement and specific entitlement, through Bamford and Subdivision 115-C. ...
Tax Training – 23/08/24 – Adrian Cartland: Div 6, Present Entitlement and Bendel
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...
Tax Training – 16/08/24 – Dr Campbell Rankine: Div 6 Trust Income and AW Furse No 5 Will Trust
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...
Tax Training – 02/08/24 – Dr Campbell Rankine: Bendel’s Approach to Fischer v Nemeske
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...
Tax Training – 26/7/24 – Dr Campbell Rankine: Laybutt v Amoco
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....
Tax Training – 19/7/24 – Dr Campbell Rankine – Corpus Distributions – Fischer v Nemeske
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 this...
Tax Training – 5/7/24 – Dr Campbell Rankine: Present Entitlement & the Trustee’s Right of Indemnity
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...
Tax Training – 28/6/24 – Dr Campbell Rankine: Present Entitlement & the Trustee’s Right of Indemnity
This week we will continue our exploration of Present Entitlement & whether that can be achieved when the assets of the Trust are subject to the Trustee's Right of Indemnity. Dr. Campbell Rankine will lead us through this topic. Required Reading: WF...
Tax Training – 21/6/24 – Dr Campbell Rankine: Is Present Entitlement Broken? Problems with the Whiting formulation and the Harmer formulation
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...
Tax Training – 14/6/24 – Dr Campbell Rankine: Partnerships and CGT
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...
Contact us
0428 053 647
PO Box 6433, Halifax Street, SA 5000
Level 12, 431 King William Street, Adelaide SA 5000