• Associate Professor of Taxation Law, UNSW
Anyone can use a discretionary trust but the beneficiaries of trusts are usually all part of the one family or extended family. Joel Carrett/AAP

Family trusts often cause more harm than good

Overwhelmingly, trusts are used to minimise tax, avoid paying creditors and to avoid the fair division of property after a relationship breakdown.
Political, not legal hurdles, stand in the way of the Australian Prime Minister increasing the GST. Lukas Coch/AAP

Why the Commonwealth can change the GST without the states

Under Australian law, changes to the GST are said to be not permitted unless the states agree to the changes. In reality, the GST lock-in mechanism is legally meaningless and unenforceable, though it may…
Quarantining losses is used across much of our public finance system. Negative gearing is an exception. Image sourced from www.shutterstock.com

Why it’s time to quarantine negative gearing

Abolishing the sacred cow of negative gearing - where losses can be used as a deduction against other income - is considered by governments of all persuasions as electorally unpalatable. But this part…
The Commission of Audit may miss the true picture if it looks only at cutting costs. Image sourced from www.shutterstock.com

To cut fairly, Commission of Audit should look at tax expenditures

In the lead-up to a crucial federal budget in May, it could be argued that requiring the Commission of Audit to identify revenue trends that could pose a risk to the budget’s structural integrity could…
The fringe benefits tax (FBT) statutory formula method was a tax concession. AAP

The truth about FBT on cars: meaningful tax reform is hard

If we needed another example of just how difficult meaningful and principled tax reform is in Australia, we got it recently in the reaction to the Government’s announcement that it would abolish the “statutory…
The kind of tax reform being called for by groups such as the Business Council of Australia can only come about if politics and vested interests are put aside.

Meaningful tax reform? Only if everything is on the table

There can be no dispute with last week’s call from the Business Council of Australia for meaningful tax reform. This is a larger issue than both the looming budget and September’s election. However, it…
Tax benefits have made family trusts an increasingly popular financial arrangement. Image from www.shutterstock.com

Time for policymakers to address tax benefits from family trusts

Family trusts have featured heavily as part of recent media reporting of the circumstances of two very high-profile families: the Rineharts and the Obeids. Of course, these are not the only families that…
There are some issues to consider when placing assets and property in a discretionary trust. Image from www.shutterstock.com

Beware the pitfalls of the discretionary family trust

The essence of the legal relationship known as a trust is the separation of legal ownership of assets from beneficial ownership of those assets. The trustee is the legal owner and beneficiaries are beneficial…
While the Federal Government may argue changing the GST threshold on online purchases is an equity measure, it’s likely to be viewed by many as an exercise in shoring up the federal budget. Online shopping picture sourced from www.shutterstock.com

There are better options than expanding the GST net to online sales

The Federal Government is tipped to be eyeing the online world in a bid to shore up­ collapsing federal tax revenues. This move has more to do with squeezing “little areas” to get more tax, and ensure…

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