Comparative analysis of trust taxation: a deep dive into Australian and Canadian regimes

Mak, C. H. W. and Chippin, M. (2024) Comparative analysis of trust taxation: a deep dive into Australian and Canadian regimes. Trusts and Trustees, (doi: 10.1093/tandt/ttae003) (Early Online Publication)

Abstract

This article examines trust taxation in Australia and Canada, focusing on the Australian Income Tax Assessment Act 1936's Section 97(1) and the Canadian Income Tax Act’s Section 94.1. It explores the Australian Carter and the Canadian Fundy Settlement cases, highlighting their implications for tax avoidance strategies. The article employs a comparative methodology to provide insights into the policy and legislative nuances shaping trust distribution taxation in these jurisdictions. The goal is to bridge traditional legal frameworks with modern fiscal challenges and inform future reforms in common-law countries.

• Item Type: Articles
• Status: Early Online Publication
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: Mak, Mr Ho Wang
• Authors: Mak, C. H. W., and Chippin, M.
• College/School: College of Social Sciences > School of Law
• Journal Name: Trusts and Trustees
• Publisher: Oxford University Press
• ISSN: 1363-1780
• ISSN (Online): 1752-2110
• Published Online: 12 February 2024
• Copyright Holders: Copyright © The Author(s) (2024).
• First Published: First published in Trusts and Trustees 2024
• Publisher Policy: Reproduced in accordance with the publisher copyright policy