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Hi! Can someone please give me some feedback on my answer to this Taxation Law question? Thanks!! Question 1 The Mike Family Trust (a discretionary
Hi! Can someone please give me some feedback on my answer to this Taxation Law question? Thanks!!
Question 1 The Mike Family Trust (a discretionary trust) has derived the following income during the 2016 income year: $14,000 fully franked dividend received from Australian listed companies $50,000 capital gain from sale of shares in Australian listed companies $20,000 interest on money deposited in an Australian bank account $10,000 interest on money deposited in a US bank account Assume that the trust has the following beneficiaries: Jane (resident) aged 60 with wage income of $200,000, deduction of 50,000 and capital loss of $35,000 John (foreign resident) aged 28 with no taxable Australian income and who lives in the UK Carmen (resident) aged 17 with a fulltime job and $36,000 annual income Mike (resident) aged 2 months only, no income Don (resident) aged 15, fully student in local school with no other income Required Advise the trustee of the Mike Family Trust how to distribute the net income of the trust for the year ended 2016 so as to minimise the income tax payable by all the parties. Answer: Net income of the trust: Dividend Franking credit Capital gain Interest from Australian Bank Interest from foreign bank $14,000 $14,000/70 x 30 = $6000 $50,000 $10,000 $10,000 $90,000 The aim is to distribute income to beneficiary, taking advantage of the differential marginal tax rates of beneficiaries in order to minimise tax liabilities. - Jane: Is a resident, not under legal disability and presently entitled to income Holding capital loss of $35,000 Distribute capital gain of $50,000 to Jane, who has $35,000 capital loss $50,000 - $35,000 = $15,000 CGT discount can be claimed (??) - John: Is a resident, not under legal disability and presently entitled to income Is a non-resident of Australia Distribute interest from foreign bank of $10,000 to John no Australian income tax applied to John - Carmen: Is a minor resident, therefore under legal disability Cannot distribute any income to Carmen because she is employed fulltime, therefore exempted from Div6AA ITAA97. - Don and Mike: Are minor residents, therefore under legal disability Tax free threshold for resident minor beneficiaries is at $416 Therefore, distribute $416 each to Don and Mike. Franking credit of $6000 can be claimed as tax offsetStep by Step Solution
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