Preliminary ATO views on trust splitting

A Matter of Trusts

Taxation in Australia Journal

This article provides an overview of the Commissioner’s long-awaited preliminary views on trust splitting provided in TD 2018/D3.

The tax treatment of trust splitting has been the subject of a lengthy period of consultation by the ATO, and public guidance from the ATO on the tax treatment of trust splitting is long-awaited.  Taxation Determination 2018/D3 is a simplistic and at times unsubstantiated response to an area fraught with complexity that needs a comprehensive response to provide taxpayers certainty when considering trust splitting arrangements.

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