Trust Distributions to Non-Residents

Distributing to non-resident beneficiaries can be taxing! Touch on core provisions such as Sections 97 & 98, and other key issues.

In this session, we cover:

• Division 6 ​

  • Core provisions​

  • Taxing beneficiary & trustee (& credits)

• Rates of tax – s98 & non-resident beneficiaries​

• Unpacking s97 & 98 – distributions to non-residents​

• Trust distributions interest or dividends to non-residents​

  • Disclosing distributions of net income in trust ITR​

  • Streaming & attribution of dividend & interest income​

  • Genuine conferral of entitlements on non-res beneficiaries​

  • Trust distributions not subject to WHT?​

• ITR lodgement obligations for deceased estates​

• Capital gains – Greensill, TD 2022/12 & TD 2022/13​

• Div 115 & dividends​

• Source of trust income, attributed to non-res beneficiaries & DTAs​

Date recorded: 22 October 2024