Unit trusts and superannuation – does the look-through approach exist?

Based on the principle of the separation of legal entities, it would not be expected that the actions of the trustee of a unit trust (or other trust) would be imputed on its unit holders. But does that hold true under the superannuation system? For instance, can the actions of a unit trust trustee cause its unit holding superannuation fund trustee to breach the superannuation laws? Or, to put it more succinctly, does the “look-through approach” exist?

This article, published in The Tax Institute’s Taxation in Australia journal in May 2014, examines whether the misdeeds of a unit trust trustee can be attributed to its unit holding superannuation fund. Or, to put it more succinctly, does the “look-through approach” exist?

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For further Information please contact:

Phil Broderick
Principal
Sladen Legal
03 9611 0163
pbroderick@sladen.com.au

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