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In 2 0 1 9 Kate purchased an investment property in the Blue Mountains for $ 7 0 0 , 0 0 0 . (

In 2019 Kate purchased an investment property in the Blue Mountains for $700,000.
(Kate paid a 10% down payment and borrowed the balance of the purchase price
from BigBank at market rates.) Kate also paid transfer (stamp) duty of $50,000 and
legal fees of $2,000 in relation to the purchase. At the time of the purchase, the
property was already rented out to tenants who continued to live in the property
following the purchase. During the 2020/21 year of income, in relation to the
property, Kate received rent of $40,000, and incurred the following expenses: council
rates of $2,500, water rates of $500, insurance premiums of $1,000, agents fees of
$7,000 and $40,000 interest on the loan. Kate also arranged to use the property
herself as a holiday home for four (4) weeks during the year, as she enjoys
bushwalking in the Blue Mountains.
Kate is also a potential beneficiary of the Smith Family Trust (SFT), an Australian
resident trust. The beneficiaries are Bob and his wife Bernice, and their two children,
Kate (30 years) and Kim (25 years). Bob, Bernice, Kate and Kim are Australian
residents for tax purposes. The trustee is a close family friend, Mercy. The SFT trust
deed provides that:
the Trustee may distribute all or any of the trust income to such one or more or all of
the beneficiaries Bob, Bernice, Kate or Kim in such proportions as the Trustee shall
in their unfettered discretion determine.
During the 2020/21 year, the trust estate earns income calculated under trust law
principles of $275,000. Mercy, the trustee, allocated the trust law income under a
trustee resolution made on 27 June 2021 as follows:
Beneficiary: Share:
Kate 40%
Kim 20%
Bob 30%
Bernice 10%
SFTs tax law income (net income calculated under s95 ITAA36) for the 2020/21
income year was $284,000.
Required:
Advise Kate regarding the income tax implications arising from the above
facts. In your answer make sure you refer to any relevant cases, legislative
provisions, tax rulings and principles of tax law.
Asnwer this using the HIRAC method

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