Navigating the complexities of section 100A: a look at the future of trust taxation in Australia.

Mak, Charles Ho Wang

Abstract

Section 100A of the Income Tax Assessment Act of 1936 is a provision designed to prevent arrangements in which a distribution is made to a beneficiary with a low tax rate, yet the economic benefit is conveyed or paid to a second beneficiary with a higher tax rate. The Australian Taxation Office provided its final guidance on this provision very recently. This article provides an overview of the guidance, analyses cases regarding the application of Section 100A and assesses the guidance's potential future implications on trust taxation in Australia.

Citation

MAK, C.H.W. 2023. Navigating the complexities of section 100A: a look at the future of trust taxation in Australia. Trusts and trustees [online], 29(3), pages 201-207. Available from: https://doi.org/10.1093/tandt/ttad003

• Journal Article Type: Article
• Acceptance Date: Jan 4, 2023
• Online Publication Date: Jan 30, 2023
• Publication Date: Apr 30, 2023
• Deposit Date: Jun 12, 2023
• Publicly Available Date: Jan 31, 2025
• Journal: Trusts and trustees
• Print ISSN: 1363-1780
• Electronic ISSN: 1752-2110
• Publisher: Oxford University Press
• Peer Reviewed: Peer Reviewed
• Volume: 29
• Issue: 3
• Pages: 201-207
• DOI: https://doi.org/10.1093/tandt/ttad003
• Keywords: Taxation; Trusts; Australia
• Public URL: https://rgu-repository.worktribe.com/output/1987352