When it comes to trusts and estates, navigating tax obligations can be complex. As of April 1, 2024, there are new rules in place for taxing income that trusts and estates earn but do not distribute to beneficiaries. Let's break down the key points to help you understand how these changes might affect you.
Trustee Income: What You Need to Know
If your trust earns income that isn’t distributed to beneficiaries, it will be taxed based on the amount of income:
Income of $10,000 or less: Taxed at 33%
Income over $10,000: Taxed at 39%
It's important to note that any settlement on a trust is not considered income for tax purposes.
Estates of Deceased Individuals
Dealing with the affairs of a deceased loved one can be challenging. The tax rate for any income earned by the estate while it’s being wound up is 33%. This rate applies for the year of death and the following three years. After this period, the estate's income will be taxed as if it were a trust.
Special Trust Categories
Certain types of trusts have different tax obligations:
Disabled Beneficiary Trusts
If your trust is established to care for disabled beneficiaries, it benefits from a consistent tax rate:
Tax Rate: 33%, regardless of the amount of income earned
A ‘disabled beneficiary’ includes those receiving:
Disability allowance
Child disability allowance
Supported living payment (due to restricted work capacity)
JobSeeker Support Health and Disability (paid for at least six months)
Individuals over 65 who met the disabled beneficiary criteria at or before the age of 65 also qualify. Importantly, a trust caring for multiple disabled beneficiaries can benefit from this tax rate, but it cannot include any beneficiaries who do not meet the disabled definition.
Energy Consumer Trusts
These trusts, also known as lines trusts, deal with electricity distribution and are taxed at a flat rate:
Tax Rate: 33%
Legacy Superannuation Funds
Some superannuation funds are subject to a different tax rate:
Tax Rate: 28%
In Summary
Understanding the tax obligations for trusts and estates is crucial for effective financial planning. The new rules from April 1, 2024, introduce different tax rates based on the type of trust and the income earned. Make sure to review your trust's specific circumstances to ensure compliance and optimize your tax strategy.
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