Taxing distributions from foreign trusts: the Section 99B trap

In this episode of Tax Archives with Fletch and Sarah, we cross borders to expose one of Australian tax’s stealthiest provisions — section 99B — where what seems like a harmless capital payment from a foreign trust can quickly become assessable income for an Australian resident beneficiary. We unpack how sections 99B and 99C operate, when the Commissioner steps in, and why tracing the true source of funds is key to staying out of trouble. Along the way, we share practical tips for identifying amounts of corpus and the Commissioner’s current compliance approach to 99B.

Get to know our team

Murray Shume HLS Tax Lawer Brisbane

Murray Shume

Principal

Hannah Bobby

Hannah Bobby

Associate

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