Search
Close this search box.
(07) 3231 2444
Search
Close this search box.

Resources on demand

2022 Tax Masterclass – Receiving capital from foreign trusts? How to advise on the tax issues caused by section 99B.

Invoices, reminders and webinar links are generated and automatically sent through our email system. To ensure delivery to your inbox, please add @cgw.com.au to your safe senders list. For instructions, click here.

$110.00

Description

We have recently seen an increase in tax problems where Australian residents receive capital distributions from foreign trusts.

 

Sometimes this has happened when a trust has been established overseas, beneficiaries of the trust immigrate to Australia, and then want to receive a distribution from the trust.

In other cases, Australian residents have ‘inherited’ amounts from overseas relatives – sometimes through a deceased estate, sometimes as capital from a discretionary trust.

 

The effect of section 99B is particularly nasty because it taxes the capital – not the income – of the foreign trust. It also potentially applies to loans.

In this session, partner Fletch Heinemann will work through a series of case studies to examine:

  • how to identify when section 99B will apply
  • the types of trusts and funds that are caught by section 99B
  • how to calculate the amount taxed under section 99B, taking into account the ATO’s position on capital losses and net capital gains
  • when foreign income tax offsets will be available
  • the interaction of section 99B and the residency of the trust
  • alternatives that would result in section 99B not applying.

After this session, you should be in a position to advise clients who expect to receive a capital distribution from a foreign trust on the tax consequences, and how to manage any tax risk.