Commissioner of Taxation v Clark
| Jurisdiction | Australia Federal only |
| Neutral Citation | 2011-0121 FCA A,[2011] FCAFC 5 |
| Year | 2011 |
| Date | 2011 |
| Court | Full Federal Court (Australia) |
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7 firm's commentaries
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Trust split arrangements may give rise to capital gains tax
...This view was based on Commissioner of Taxation v Commercial Nominees of Australia Ltd [1999] FCA 1455, Commissioner of Taxation v Clark [2011] FCAFC 5, TD 2012/21, and certain binding private rulings issued by the It is now clear that it is no longer safe to proceed on that basis. Unfortun......
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ATO finalises its position on trust split arrangements
...decisions than Commissioner of Taxation v Commercial Nominees of Australia Limited [2001] HCA 33 and Commissioner of Taxation v Clark [2011] FCAFC 5, without any real explanation. Nor is there any real explanation of how those decisions support the ATO's final Unfortunately, TD 2019/14 is y......
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Australian Tax Update - Recent Reforms Proposed in Australia: Managed Investment Funds
...issues - Colonial First State Investments Limited v Commissioner of Taxation [2011] FCA 16 (18 January 2011) (CFS' case) and FCT v Clark [2011] FCAFC 5, Full Federal Court 21 January 2011 (Clark's In CFS's case, Stone J made comments in respect of various trust tax issues including the inco......
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Client Trust Deeds - don't forget the Vesting Date
...of Principles, the draft TD does not specifically discuss extending the vesting date of a trust. In light of FCT v Clark & Anor [2011] FCAFC 5, and the Commissioner's comments in the draft TD, where the trustee exercises a valid power to extend the vesting date, there should not be a If......
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