Is your unit trust fixed?

Peter Oliver and Natalie Raju analyse the Australian Taxation Office's draft guidance on fixed trusts.

With the release of draft Practical Compliance Guideline 2016/D16, the Australian Taxation Office (ATO) has provided guidance in relation to when the Commissioner will exercise his discretion to treat a trust as fixed for the purposes of the trust loss provisions. The guidance seeks to address uncertainty that has existed since the Federal Court decision in Colonial First State Investments Ltd v. Commissioner of Taxation [2011] FCA 16, which had the effect that many unit trusts are not fixed...

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Authors: Peter Oliver, Natalie Raju

Published Date: 01 November 2016