ElecNet (Aust) Pty Ltd v Commissioner of Taxation

[2016] HCA 51
Judgment date
Case number
M104/2016
Before
Kiefel, Gageler, Keane, Nettle, Gordon JJ
Catchwords

Taxation – Unit trusts – Public trading trust – Where trust settled by deed – Where employers become members of industry severance scheme created by trust – Where members of scheme obliged to make payments to trustee – Where trustee credits payments to accounts in name of individual employees – Where trustee makes payment to employee upon termination of employment – Whether unit trust within meaning of Div 6C of Pt III of the Income Tax Assessment Act 1936 (Cth).

Words and phrases – "beneficial interest", "ordinary acceptation", "prescribed trust estate", "public trading trust", "unit", "unit trust".

Income Tax Assessment Act 1936 (Cth) – ss 102M, 102P, 102R, 102S, 102T.

Files
51.rtf (350.3 KB)
51.pdf (245.46 KB)