International taxation of trust income : principles, planning and design / Mark Brabazon.

Cambridge : Cambridge University Press, 2019.

1st edition

89482

Trusts and trustees -- Taxation -- Law and legislation.

Income tax -- Law and legislation.

1. Introduction

Part I. National Tax Laws: Australia, New Zealand, the United Kingdon and the United States

2. The grantor

3. The beneficiary

4. The trust

5. Distributions

6. International taxation

Part II. Global Taxation

7. The international tax order and the interaction of tax laws

8. Treaties

9. Conclusions and proposals - taxing the shadow

Appendix: detail of beneficiary attribution and taxation 389.

In International Taxation of Trust Income, Mark Brabazon establishes the study of international taxation of trust income as a globally coherent subject. Covering the international tax settings of Australia, New Zealand, the UK, and the US, and their taxation of grantors/settlors, beneficiaries, trusts, and trust distributions, the book identifies a set of principles and corresponding tax settings that countries may apply to cross-border income derived by, through, or from a trust. It also identifies international mismatches between tax settings and purely domestic design irregularities that cause anomalous double- or non-taxation, and proposes an approach to tax design that recognises the policy functions (including anti-avoidance) of particular rules, the relative priority of different tax claims, the fiscal sovereignty of each country, and the respective roles of national laws and tax treaties. Finally, the book includes consideration of BEPS reforms, including the transparent entity clause of the OECD Model Tax Treaty. Provides the first sustained analysis of international taxation of trust income as an internationally coherent subject. Enables international trust taxation to be studied as a topic in its own right alongside international taxation of companies and partnerships. Facilitates a holistic approach to tax planning, analysis and design by practitioners, scholars and administrators. Proposes tax design solutions to unintended double- and non-taxation. - Publisher's website.

Includes bibliographical references (pages 346-356) and index.

9781108492256

xlvi, 369 p. : ill. ; 24 cm