Recorded Webinar: Present Entitlement to Trust Income – Aligning Trust and Tax Law


29th November 2018

Duration:  approx. 1.5 hours

Recent case law developments have highlighted the importance of aligning trust and taxation law income and shed fresh light on the meaning of ‘present entitlement to trust income’. It includes:

  • The concept of present entitlement – s 97 ITAA
  • When are distributions authorized by the trust deed?
  • Contingent distributions - distributable income changes and alternate beneficiaries
  • Contingent distributions – when are parties presently entitled and liable for tax?
  • What constitutes a valid disclaimer of income for tax purposes?
  • Trustee liability for tax when beneficiary found not presently entitled
  • Importance of trust documents aligning with terms of trust and trust laws
  • Case report – Lewski v Commissioner of Taxation [2017] FCAFC 145
  • Thomas v Commissioner of Taxation  [2018] HCA 31 – the High Court Decision
Our presenter

Damian O’Connor, Principal, Tax + Law, Brisbane

Damian is a Tax Lawyer and Chartered Tax Advisor with clients in Melbourne, Brisbane, the Gold Coast, around Australia and overseas.

He has been helping clients with Corporate, Commercial and Tax aspects of their businesses for 18 years, most recently as a tax partner with national law firms, following 23 years with the Australian Taxation Office as an investigator and auditor and in other roles.

Damian has assisted many clients with the tax complications of planning and structuring their business and financial affairs, and has successfully managed taxation audits (including payroll tax and state duty dealings), debt and penalty negotiations, Director Penalty claims, private rulings, objections and tax appeals to the AAT and the Federal Courts.

He has considerable experience working for clients when the going gets tough, and has defended tax prosecutions and managed many contentious, complex, high risk and high stress tax matters, including Project Wickenby raids.

Damian regularly presents seminars on Tax aspects of business transactions, family law, trusts and estates, Division 7A, superannuation and most other areas of tax law for a range of organisations including Television Education Network, Law Institute of Victoria, Queensland Law Society, North Queensland Law Association, the Tax Institute, Griffith University, QUT, Law Central, Australian Corporate Lawyers Association, Australian Stock Reports and Legalwise.


This webinar is suitable for accountants advising in taxation matters – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email:
Product Code: WBUNOV18
 Price:  $264.00 (Inclusive of GST)
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