Obtuse s 99B and offshore trusts

Research output: Contribution to journalArticlepeer-review


Offshore trusts are subject to uncertain income tax rules, which means that they attract interpretations that depart from the policy intent of trust taxation. This is problematic and the issue should not be sidestepped because offshore trusts are seen as a murky area. This article argues that there are many legitimate situations where a person will interact with an offshore trust and the taxation should be clear. Section 99B of the Income Tax Assessment Act 1936 (Cth) is one of the more problematic aspects of offshore trust taxation. This article considers what the section is trying to achieve and challenges the view on its operation taken by the Commissioner in TD 2017/24.
Original languageEnglish
Pages (from-to)474-478
JournalTaxation in Australia (Blue Edition)
Issue number9
Publication statusPublished - 1 Apr 2021


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