Capital Gains, Discretionary Trusts and Non-residents - Greensill Case DiveArchived

For some time now, the ATO has had the view that non-resident beneficiaries of Australian discretionary trusts are still taxed on non-TAP (Taxable Australian Property) capital gains. Check out TD 2019/D6.

This Federal Court case is a showdown between the ATO and a discretionary trust challenging this view.

The ATO draws first blood - the Court held that the non-resident benefi...