A trust is not a separate legal entity but, rather, a relationship between a trustee who holds property for the benefit of other persons (the beneficiaries). It is a structure wherein person is allowed to hold asset for other’s benefits. In this case, the person holding or controlling the asset is the trustee and the person or group being benefited by such asset is the beneficiary.
A trust can hold any asset like shares, property, businesses or a business premise, etc. The trust deed contains the details of the specific rules that are set out by the trustee regarding the use and management of the assets.
For tax purposes, however, a trust is treated as an entity and is required to lodge a trust tax return on or before the due date.
The trust tax return is the responsibility of the trustee which he can do by himself or with the help of a registered tax agent. A trust can save you a lot of tax with its flexibility to distribute income. Therefore, it is always a smart choice to get the tax return done with an experienced tax agent to get the maximum tax savings and also to comply with all the applicable rules regarding the tax filing and due dates.
A trust generally is a structure wherein a person or company is allowed to hold and asset for other’s benefits. In this case, the person holding or controlling the asset is the trustee and the person or group being benefited by such asset is the beneficiary. The different structures held in a trust as an asset may be shares, property, businesses or a business premise, etc. The trust deed contains the details of the specific rules that are set out by the trustee regarding the use and management of the assets.
A trust will generally distribute its income to beneficiaries of the trust, who are then taxed on their share at their applicable tax rate (e.g., if the beneficiary is a company, it will be taxed at the current corporate tax rate of 27.5% if the company is an SBE).
In some circumstances, the trustee is assessed on all or part of the net income (e.g., where there is no beneficiary presently entitled to the trust income), or is assessed on behalf of a beneficiary (e.g., where the beneficiary is a foreign resident).
A family trust has the ability to stream income to beneficiaries in the most tax effective manner can significantly reduce the overall tax you have to pay. You should consult your tax accountant to discuss individual situation.
Preparing a trust tax return can be a complicated task, so it is always advisable to consult an experienced tax consultant like Tax Return Perth.
In some circumstances, the trustee is assessed on all or part of the net income (e.g., where there is no beneficiary presently entitled to the trust income), or is assessed on behalf of a beneficiary (e.g., where the beneficiary is a foreign resident).
You can visit us for a free consultation at the Tax Return Perth regarding your tax return concerns at any time without any hesitation. We would be more than happy to assess your income and suggest the minimum tax liability you have to pay.
A family trust is a discretionary trust that is set up for holding the assets of the family or running a family business. The main aim of this trust formation is generally protection of asset, estate planning and also lowering your tax by distributing income to family members on lower tax bracket.
While the income of a trust is generally distributed and taxed accordingly in the hands of the beneficiaries, an overall trust loss cannot be distributed. It may, however, be available to offset against future assessable income of the trust.
In some circumstances, the trustee is assessed on all or part of the net income (e.g., where there is no beneficiary presently entitled to the trust income), or is assessed on behalf of a beneficiary (e.g., where the beneficiary is a foreign resident).
Where the trust makes an overall loss for the income year, the loss remains in the trust to be offset against any future assessable income of the trust (subject to satisfying certain criteria). Therefore, trusts are not a good vehicle for negative gearing.
While the income of a trust is generally distributed and taxed accordingly in the hands of the beneficiaries, an overall trust loss cannot be distributed. It may, however, be available to offset against future assessable income of the trust.
In a unit trust, the share of beneficiaries is fixed, just like the shares in a company. Unlike a family trust, it does not have the flexibility to stream income but is a popular structure for business between unrelated persons. It is also a popular method to setup syndicates for property development.
Where the unit trust is carrying a business, it can avail the tax concessions available to small businesses. Unit trusts are also eligible for the 50% discount on capital gains and can avail franking credits on dividends. Income of the trust is distributed to the unit holders who then include it in their returns and pay tax at their marginal rates.
Tax returns for the unit trust and the unit holders must be lodged by the due date.
Tax Return Perth is the industry expert for any kind of assistance and tax return services Perth-wide. If you are running a trust, you might be having too many things in your mind regarding the trust tax return issues and the best way to have the minimum tax liability. Let us assure you that you do not have to worry about all this, Tax Return Perth is always ready to help you with all of the tax return planning and filing strategies.
Be it a family trust or a unit trust or any other, we have got it all sorted for you. Just never hesitate to show up for a free consultation.