Trust Taxation

MinterEllison’s trust taxation lawyers provide innovative and practical tax advice on a standalone basis and as part of broader transactions. We understand trust law issues and have a detailed understanding of the practical and commercial issues involving trusts and work closely with other teams to provide a seamless and full-service legal offering.

We also advocate in public consultations for trust taxation reforms in Australia and are members of the expert panel that assisted the Board of Taxation with its review of the taxation arrangements applying to Collective Investment Vehicles and Managed Investment Trusts. We also participate in the National Tax Liaison Group’s Trust Consultation Sub-group to help the ATO make the best technical and administrative decisions possible.

Our specific expertise includes: fund structures (including private equity, real estate funds, managed investment trusts, collective investment vehicles, infrastructure funds, property funds); pre-establishment global tax issues including identifying the most tax efficient vehicle, structure and location for both fund managers and investors; and providing ongoing advice to fund managers, their partners, and investors to minimise tax liabilities in the investment, holding and disinvestment phases.

We also advise on other trust arrangements, including Division 6C trusts, special purpose trusts, charitable and philanthropic trusts and draft trust deeds to ensure the clauses operate as intended for tax purposes.

28 November 2016

On 17 November 2016, the ATO released a new Taxpayer Alert dealing with trust income reduction arrangements under review by the ATO. The Alert highlights the ATO's increasing concern with some trust arrangements.

18 July 2013

The Australian Taxation Office has issued its annual compliance program, 'Compliance in focus 2013-14', setting out the areas it will focus on in its investigations and reviews throughout the coming year. The compliance program can help you determine the likelihood of being subject to scrutiny by the Australian Taxation Office.

24 May 2013

In this Budget brief, we have discussed the government's Budget proposals as they impact on relevant industry sectors, and have included details of the Opposition's views (if any) on each proposal.

24 May 2013

In this Budget brief, we have discussed the government's Budget proposals as they impact on the mining, energy & resources industry and investors in that industry, and have included details of the Coalition's views (if any) on each proposal.

23 April 2013

The proposed statutory codification of the definition of 'charity' and the inclusion of a statutory 'public benefit' test may impact professional organisations currently endorsed as charities. Clients within these entities should consider their current constitutional documents in light of the proposed changes.