Loss Tests for Trusts

Explore the application of trust loss tests, including the stake test, control test, pattern of distributions test, and more!

In this session, we cover:

• What are trust losses all about?

  • Trust loss basics

• Trust loss tests

  • 50% Ultimate Stake Test (Continuity of Ownership)

    • Basic 50% Stake Test (Fixed trusts only)

    • Alternate 50% Stake Test (Fixed trusts held by non-fixed trust)

  • Pattern of distribution test

    • Control Test (s267-45)

  • Income Injection Test

• FTEs & Change in beneficiaries, trustees or control

  • Change in Trustee, Appointor & Beneficiaries

  • Family Trust Election (FTE)

• Tips and Traps

Date recorded: 23 September 2025