Trust distributing property

Discussion in 'Accounting & Tax' started by TheMango, 13th Dec, 2021.

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  1. TheMango

    TheMango Well-Known Member

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    hi all,

    Can a trust distribute property?

    Right now I have a family trust with my company acting as the corporate trustee. My company holds some shares in BHP as trustee. Can I distribute these shares to the beneficiaries of the trust? Or can I only distribute the income from these shares to the beneficiaries?

    If I can distribute them, will this attract stamp duty or capital gains tax of any kind?

    Thank in advance brains trust!

    Cheers
     
  2. Terry_w

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

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    The trustee can potentially distribute assets. This will depend on the deed and something the trustee should seek legal advice on

    Will trigger CGT, unlikely to be duty.
     
  3. TheMango

    TheMango Well-Known Member

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    Spot on as always. Thank you Terry!

    I’ll review the deed and see if it says anything about it.

    With CGT, I assume this would be paid at the beneficiaries’ marginal tax rate?
     
  4. Terry_w

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

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    CGT discount might be available but it would be added to their other income so could end up higher than the marginal tax rate
     
  5. Trainee

    Trainee Well-Known Member

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    Why do you want to do this?