Q&A

How are family trusts taxed in Australia?

How are family trusts taxed in Australia?

A family trust typically pays zero tax on income from within the trust. Instead, the income is distributed to the beneficiaries, who are taxed at their personal tax rates. They are free to distribute the income to as many beneficiaries as they see fit.

Who are the beneficiaries of a family trust?

We explore these issues in this article and review the parties and processes involved in establishing and maintaining a family trust. Within a family trust, the beneficiaries are generally related and may include family companies and other family trusts. Registered charities may also be beneficiaries.

Who are the shareholders of a trust Trust?

This is because a trustee holds assets on behalf of the trust. The phrase ‘as trustee for’ is often abbreviated to ‘ATF’. are the trustee of your trust, the shareholder of your shares will be ‘Jane Smith ATF Smith Family Trust’. have a corporate trustee, the shareholder of your shares will be ‘Smith Pty Ltd ACN 123 456 789 ATF Smith Family Trust’.

What should I know about inheriting a trust fund?

If you’re inheriting a trust fund, you likely have questions about how the distribution payouts to beneficiaries work and the tax implications. While general information about how trust funds work is useful, there are limitations. Trusts can be complex, highly customizable tools, so what applies to one situation may not in another.

Can a trustee be the sole beneficiary of a trust?

The trustee may also be a beneficiary, but not the sole beneficiary unless there is more than one trustee. Beneficiaries may have an entitlement to trust income or capital that is set out in the trust deed or they may acquire an entitlement because the trustee exercises a discretion to pay them income or capital. Generally,…

Discretionary ‘family’ trusts are a particularly popular form of trust, giving the nominated trustee the ‘discretion’ to distribute income to the trust’s beneficiaries, who are generally the close family members of the person who created the trust.

Can a trustee get along with the beneficiaries?

Your job as trustee will be infinitely easier (and you’ll be far more effective) if, right from the start, you have cordial dealings with the trust beneficiaries — the people who benefit from the trust money. Here are some tips. (For basic information on serving as a trustee, see Nolo’s article Trusts: Should You Serve as Trustee?)

Who are the beneficiaries of an irrevocable trust?

Beneficiaries of an irrevocable trust have rights to information about the trust and to make sure the trustee is acting properly. The scope of those rights depends on the type of beneficiary. Current beneficiaries are beneficiaries who are currently entitled to income from the trust.

Can a trust be ended by the current beneficiary?

Trustees have an obligation to balance the needs of the current beneficiary with the needs of the remainder beneficiaries, which can be difficult to manage. End the trust. In some circumstances, if all the current and remainder beneficiaries agree, they can petition the court to end the trust. State laws vary on when this is allowed.