Trust Tax Return

Complex structure? Simple solution

Tax sharing for your family

Trust Tax Services - Tax Agent Sydney

A trust is a popular structure for family businesses and investment purposes because of its flexibility in distributing income. The trustee holds assets for the benefit of beneficiaries, and profits are generally taxed in the hands of those beneficiaries at their marginal tax rates. This allows for income splitting among adult beneficiaries, which can reduce the overall tax burden.

What’s Included in Our Trust Tax Return Service

We offer a comprehensive, end-to-end service for trust tax compliance, tailored to your trust structure and financial goals:

  • Preparation & Lodgment of Annual Trust Tax Returns
  • Trust Income Allocation to Beneficiaries
  • Capital Gains Tax (CGT) Calculations and Streaming
  • Franking Credits and Dividend Streaming
  • Trust Loss Rules and Carry-Forward Strategies
  • ATO Compliance and Audit Support
  • Review of Trust Deeds for Tax Implications

Key Tax Benefits of Trusts:

  • 50% CGT discount on assets held for more than 12 months (when distributed to individuals).
  • Ability to stream capital gains and franked dividends to specific beneficiaries if the trust deed allows.
  • Asset protection when combined with a corporate trustee.

Limitations of Trusts:

  • Undistributed income is taxed to the trustee at the top marginal rate (currently 47%).
  • Losses are trapped in the trust and cannot be distributed; they can only offset future trust income if trust loss rules are satisfied.
  • Distributions to minors attract penalty tax rates, so income splitting is generally limited to adults.

Best for: Families or groups wanting flexibility, CGT benefits, and asset protection, but not planning to retain profits within the structure.

Tax Treatment of Different Trust Types

Understanding how each trust type is taxed is key to staying compliant and optimising distributions. Here's a quick breakdown:

Trust Type
Key Features
Tax Treatment
Common Uses
Family Trusts (Discretionary)
- Trustee distributes income at discretion
- Can elect Family Trust status
- Beneficiaries taxed at individual marginal rates
- Undistributed income taxed at top marginal rate
Family wealth management, tax planning
Unit Trusts
- Fixed unit holdings
- Income distributed proportionally
- Unit holders taxed on their share
- CGT applies on asset/unit disposal
Property investment, joint ventures
Hybrid Trusts
- Mix of discretionary and unit trust features
- Tax treatment varies by structure
- Requires careful planning to avoid ATO scrutiny
Flexible investment structures
Testamentary Trusts
- Created via a will
- Activated upon death
- Beneficiaries (incl. minors) taxed at adult rates
Estate planning, asset protection
Bare Trusts
- Trustee holds assets for one beneficiary
- Common in SMSFs
- Beneficiary taxed directly on income and capital gains
SMSF property arrangements, simple asset holding

Trust Tax Return - What We Do

We provide end-to-end assistance for small business owners and investors who need their Trust Tax Return prepared and lodged:

  • Prepare your Accounts – using Xero Software or Elite Ledger 
  • Cashbook Template – Provide a Cashbook Template if you prefer to DIY 
  • Review your ABN income – Review your ABN income and business activity 
  • Capital Gains & Losses – Calculate Capital Gains & Losses for Share Traders and Investors operating from within a Trust structure 
  • Deductions – Identify and claim deductions all eligible business & investment expenses 
  • ABN setup & GST Registration – Help with ABN setup & GST Registration ensuring compliance from the start 
  • BAS returns – Reconcile BAS returns for accurate reporting 
  • Depreciation Schedules – Take care of Depreciation Schedules & Instant Asset Write Offs 
  • Motor Vehicle Calculations – Look after Motor Vehicle Calculations & Help you with Logbooks 
  • Closing Stock Accounts – Reconcile Closing Stock Accounts for inventory accuracy  
  • Payroll & Superannuation – Reconcile Payroll & Superannuation to meet employer obligations 
  • Trust Held Investments – Reconcile Trust Held Investments for tax and reporting purposes 
  • Income & Loss Statement – Prepare Income & Loss Statement for financial clarity 
  • Balance Sheet – Prepare Balance Sheet showing your Trust's financial position 
  • Trust Distributions - Prepare all Minutes & Trust Distribution Statements
  • Trust Tax Return - Prepare & lodge the Trust Tax Return

Trust Tax Information Required Checklist

To prepare and lodge your Trust Tax Return efficiently, we’ll need the following:

Category
Required Documents / Information
Trust Name and ABN
Basic identification details to lodge your return correctly.
Trust Deed
A copy of the deed helps confirm structure and distribution rules.
Trustees & Beneficiaries
Names, addresses, and TFNs for all parties involved in the trust.
Tax Return History
TFN and Prior Year Tax Return – Helps review continuity and carry-forward items.
Financial Statements
A full set including Profit & Loss and Balance Sheet.
Bank Statements
Covering the full financial year to verify income, expenses, assets, and liabilities.
Income Details
Income Details – Including rent, dividends, business income, or other sources.
Capital Gains
From property, shares, crypto, or other asset sales.
Trust Expenses
Accounting fees, property costs, and other deductible items.
Super Contributions
For any employees paid through the trust.
Depreciation Schedules
If applicable, for assets held by the trust.
Carried Forward Losses
Details of any prior year trust losses.
Loans & Finance
Including interest expenses and loan balances.
Distribution Minutes
Resolutions showing how income was allocated to beneficiaries.
Streaming Details
Capital gains or franked dividends streamed from managed funds or other trusts.
ATO Correspondence
Notices or letters received from the ATO during the financial year.

Tip: Ensure on time tax lodgement

The earlier you provide this information, the smoother the process. We’ll review everything for compliance and ensure your trust tax return is lodged accurately and on time.

Some of The Industries We Work With

We work with a diverse range of clients who use trusts for different strategic purposes. Each industry has unique tax considerations, and we tailor our services accordingly:

  • Rental Property Investors - Discretionary and unit trusts are frequently used for holding investment properties. We support trusts holding residential and commercial properties with rental income reporting, expense deductions, depreciation schedules, and CGT on sales. Income is distributed accurately to beneficiaries, with full compliance and clear documentation.
  • Property Developers - Usually a new Trust is setup for each address that is being developed and sold off. Developers are in the business of development and as such Development trusts face unique tax and GST challenges. We assist with GST registration, margin scheme application, and trading stock treatment, ensuring profits are recognised correctly and distributed tax-effectively across beneficiaries.
  • Full-Time Share Traders - Traders using trusts need business-level tax treatment. We classify trading income correctly, maximise deductions for trading expenses, and manage wash sale compliance to avoid disallowed losses. Distributions are structured to reduce tax and audit risk.
  • Share Trading Investors - For long-term investors, we handle CGT on disposals, dividend and imputation credit flow-through, and accurate beneficiary reporting. Trusts are managed for passive income efficiency and long-term tax planning.

Why Choose Us?

  • ATO-Registered Tax Agents with years of experience 
  • Tailored Solutions for Trusts of all sizes
  • Deadline Management to avoid penalties
  • Transparent Pricing with no hidden fees
  • Local Expertise - Sydney-based, serving clients Australia-wide
  • Trusted by individuals, families, small businesses and Investors.

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