Company owned by a trust - tax return question

Discussion in 'Accounting & Tax' started by scientist, 10th Jul, 2017.

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  1. scientist

    scientist Well-Known Member

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    If a trust owns a company, and the company loses money, what does the trust's tax return look like?

    For example:

    Trust makes $10 from dividends, and owns A pty ltd. A pty ltd loses $5. Does the trust... distribute $5 or $10 to its beneficiaries? If it distributes $10, where's the deficit come from?
     
  2. Terry_w

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

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    Is the trustee a shareholder of the company?

    Did the company pay a dividend?

    They are 2 different tax entities and a loss in one doesn't directly effect the income of the other.
     
  3. scientist

    scientist Well-Known Member

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    The trustee is the sole shareholder, for benefit of beneficiaries (i.e. the trust owns the company wholly).

    No dividend paid.

    So I guess in that case the trust still has $10 to distribute, and the company's loss can only be used to offset future company profits?
     
    Ross Forrester and Terry_w like this.
  4. Hamish Blair

    Hamish Blair Well-Known Member

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    Can trust distribute to company?
     
  5. Terry_w

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

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    If the company is a beneficiary it possibly could. But should it?
     
  6. Paul@PAS

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

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    If the company makes a loss it may have ac/fwd tax loss and lodges its tax return to report that loss. The trust may not have any income if its sole expected source of income is supposed to arise from company profits. If it has other income then it may report that income BUT the trust doesnt pay tax. It generally would distribute to beneficiaries. Any franking credit is also distributed.

    trust tax returns are quite complex and will be returned if they contain errors
     
  7. Mike A

    Mike A Well-Known Member

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    if the trust is merely a shareholder of the company then the losses cant be distributed to the trust. as Paul says they will get carried forward.
     
  8. scientist

    scientist Well-Known Member

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    Thanks I understand now. Trusts not being a legal entity but a taxable entity causes confusions sometimes.
     
  9. Terry_w

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

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    It certainly does!