Tax Talks

409 | Assessment of the Trustee

A trust distribution gone wrong usually results in an assessment of the trustee. But what does that actually mean? 

Assessment of the Trustee

In a discussion about trust distributions, somebody almost always mentions the possible assessment of the trustee. Especially when a trust distribution goes wrong, But what does the assessment of the trustee actually look like?

This is the question Bradley Murphy and Darren Catherall of Murphy Tax in Sydney cover in this episode. Here is what we learned but please listen in as Bradley and Darren explain all this much better than we ever could.

To listen while you drive, walk or work, just access the episode through a free podcast app on your mobile phone.

Assessment of the Trustee

The trustee receives the assessment of income in a myriad of scenarios, for example:

Deliberate v Default

The assessment of the trustee might be deliberate. The trustee might decide freely to allocate the income to itself.

But the assessment of the trustee could also happen by default, either:

Intentionally: For example, the trustee allocates income to a non-resident or minor and is well aware that by default they receive the income in their assessment.

By accident: For example, something went wrong with the distribution and so the ATO assesses the trustee.

Top Marginal Tax Rate

Whenever the trustee is assessed, the trustee is assessed at the top marginal tax rate for individuals. If the trustee is an individual, you also need to add 2% of Medicare levy. If the trustee is a company, there is no Medicare levy.

MORE

s99B Carve Outs

s99B ITAA 1936

Div 6E Income

 

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