Residency of a trust: don’t get it wrong

A Matter of Trusts

Taxation in Australia Journal

This article looks at what determines the tax residence of a trust and what the consequences can be from a change of tax residence.

The Full Federal Court decision in Harding v FCT1 (Harding) and the High Court decision in Bywater Investments Ltd v FCT2 (Bywater) focused minds on the residency tests for individuals and companies. But what of the residency tests for trusts? And what does the jurisprudence on individual and corporate residency mean for the residency of a trust?

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