Comparative analysis of trust taxation: a deep dive into Australian and Canadian regimes.

Mak, Charles Ho Wang; Chippin, Matthew

Abstract

This paper examines trust taxation in Australia and Canada, focusing on the Australian Income Tax Assessment Act 1936's Section 97(1) and the Canadian Income Tax Act's Section 94.1. It explores the Australian Carter and the Canadian Fundy Settlement cases, highlighting their implications for tax avoidance strategies. The paper employs a comparative methodology to provide insights into the policy and legislative nuances shaping trust distribution taxation in these jurisdictions. The goal is to bridge traditional legal frameworks with modern fiscal challenges and inform future reforms in common-law countries.

Citation

MAK, C.H.W. and CHIPPIN, M. [2024]. Comparative analysis of trust taxation: a deep dive into Australian and Canadian regimes. Trusts and trustees [online], Advanced Articles. Available from: https://doi.org/10.1093/tandt/ttae003

• Journal Article Type: Article
• Acceptance Date: Jan 18, 2024
• Online Publication Date: Feb 12, 2024
• Deposit Date: Feb 26, 2024
• Publicly Available Date: Feb 13, 2026
• Journal: Trusts and trustees
• Print ISSN: 1363-1780
• Electronic ISSN: 1752-2110
• Publisher: Oxford University Press
• Peer Reviewed: Peer Reviewed
• DOI: https://doi.org/10.1093/tandt/ttae003
• Keywords: Taxation; Trust taxation; Canada; Australia; Jurisdiction; Common law jurisdictions; Trusts
• Public URL: https://rgu-repository.worktribe.com/output/2243538