Modernising the Taxation of Trust Income - Options for Reform

This consultation process has now been completed. Submissions available
Consultation Type
Consultation Paper

Key Documents

On 16 December 2010, the Assistant Treasurer announced that the Government would conduct a public consultation process as the first step towards updating the trust income tax provisions in Division 6 of Part III of the Income Tax Assessment Act 1936 and rewriting them into the Income Tax Assessment Act 1997.

On 21 November 2011, the Assistant Treasurer released a consultation paper that explores the current issues impeding the effective operation of Division 6 as well as those hampering the effective taxation of trusts more broadly. The paper also outlines a number of options for reform, ranging from minor changes to the current operation of Division 6 to the introduction of a new model for the taxation of trust income.

This consultation paper has been developed drawing on the expertise of the private sector particularly through the established Tax Design Advisory Panel process and the Board of Taxation.


45 submissions were received for this consultation, including 2 confidential submissions.

Blake Dawson - pdf 422 KB
Brabazon, Mr Mark SC - pdf 211.8 KB
Burnett Business Centre - pdf 365.54 KB
Conheady, Mr Patrick - doc 69.5 KB
Conheady, Mr Patrick - pdf 191.22 KB
Ernst & Young - pdf 225.41 KB
Grant Thornton - pdf 265.99 KB
Greenwood & Freehills - pdf 1.77 MB
Ian Gray Solicitors - pdf 351.1 KB
Ian Gray Solicitors - docx 393.73 KB
Kerro Consulting - pdf 176.79 KB
Kerro Consulting - docx 28.01 KB
Moores Legal - pdf 764.63 KB
Newby, Mr John - pdf 33.13 KB
Newby, Mr John - docx 32.12 KB
NSW Young Lawyers - pdf 1.04 MB
Pitcher Partners - pdf 445.06 KB
PKF Australia - pdf 386.17 KB
Riley, Mr Peter - pdf 385.99 KB
The Tax Institute - pdf 151.27 KB
WHK Group Pty Ltd - docx 715.05 KB
WHK Group Pty Ltd - pdf 312.67 KB