Question
(Trusts - Discretionary distribution) The estate of the Late Olivia Little (died 2015) derived a net income of $140,000 during the 2017/18 tax year. The
(Trusts - Discretionary distribution)
The estate of the Late Olivia Little (died 2015) derived a net income of $140,000 during the 2017/18 tax year. The will provided that trust income was to be distributed as follows:
Tim | Her husband | 40% of any income |
Shaun | Her 25-year-old son who has been certified insane | 25% of any income |
Rosa | Her 20-year old daughter who is a full-time student | 15% of any income |
Kristy | Her 17 year old daughter who is employed full time | 10% of any income |
The Will also provide that the balance be either retained or distributed to a beneficiary at the discretion of the trustee. During the tax year, an additional amount of $9,000 was paid towards Rosas overseas trip.
Required:
Complete the following table (covering all beneficiaries) nominating:
- Name of the BENEFICIARY
- Whether or not the beneficiary is PRESENTLY ENTITLED
- Whether or not the beneficiary is under a LEGAL DISABILITY
- WHO IS ASSESSED on each amount?
- Which sections of the ITAA36 apply to make the income assessable?
- The AMOUNT retained or distributed.
Beneficiary | Presently entitled? (Yes/No) | Legal disability? (Yes/No) | who is assessed? Beneficiary or Trustee | ITAA36 Section(s) Applicable | Amount $ |
Tim | |||||
Shaun | |||||
Rosa | |||||
Rosa | |||||
Kristy | |||||
Balance | Total | ||||
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