Can trust distributions offset individual capital gain losses?

Discussion in 'Accounting & Tax' started by thydzik, 7th May, 2018.

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  1. thydzik

    thydzik Well-Known Member

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    Hypothetical questions.

    If an individual has some capital gain losses from say selling shares or property.
    Can trust distributions income be used to offset this capital gain loss?
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    No, but the capital losses could be used to offset the gains
     
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  3. thydzik

    thydzik Well-Known Member

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    Thanks Terry
     
  4. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Yes, maybe. The trust distribution will retain its character when it flows through. If the trust has capital gains to distribute within total trust income a beneficiary may be taxed on that. However if the beneficiary has CGT losses these will reduce the taxable gain. Note that 50% discounts can be reduced since the formula reduces gains by losses THEN allows a 50% discount.

    eg Trust dist CGT amount $100 (Discounted), Taxpayer has property CGT loss $50. The beneficiary would have $200 CGT gain - $50 loss = $150 total net gain. Less 50% = $75 taxable.

    If the trust has no capital gains in its income then the loss remains unaffected and carries forward
     
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  5. thydzik

    thydzik Well-Known Member

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    Thanks for the detailed info paul