International Taxation of Trust Income
Principles, Planning and Design

Identifies a set of principles and corresponding tax settings that countries may apply to cross-border income derived by, through, or from a trust.

Mark Brabazon (Author)

9781108729178, Cambridge University Press

Paperback / softback, published 30 June 2022

415 pages, 8 b/w illus. 10 tables
22.9 x 15.2 x 2.3 cm, 0.6 kg

'Its strong theoretical analysis will hopefully encourage practitioners, academics and policymakers to think through proposed trust taxation changes more rigorously and coherently, and encourage further academic research. If you are a practitioner at all interested in policy, I strongly recommend you read this book.' Emma Chamberlain, Trust Quarterly Review

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.

Figures
Tables
Preface
Cases
Statutes
Other authorities
Treaties
Abbreviations
Glossary
1. Introduction
Part I. National Tax Laws: 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
10. Appendix: detail of beneficiary attribution and taxation 389
Bibliography
Index.

Subject Areas: Trusts & estates taxation [LNUT], Equity & trusts [LNL], Comparative law [LAM]