A quick look at what’s been going on in Asia and the Pacific…
The Australian Tax Office has made two recent determinations which create more confusion around international tax trust law.
The first draft determination concluded a foreign resident beneficiary presently entitled to a capital gain of an Australian resident non-fixed trust on an asset which is not taxable Australian property (non-TAP) is assessable on the capital gain even though that would not occur if the foreign resident made the same gain directly rather than through the trust.
However, the second determination conclud...