“The typical next step would be... we'll make a family trust election in that trust, and we'll nominate the same person as test individual”
DM
David Montani
Accountants Daily Podcast Network ·
David Montani · Accountants Daily Podcast Network · Under the Hood: The restrictive family control test
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Use the ATO’s trust election database, together with tax return disclosures, to cross-check whether a trust has previously made a family trust election and who the test individual is
“The typical next step would be... we'll make a family trust election in that trust, and we'll nominate the same person as test individual”
“We have to form a picture of all the clients' trusts, companies and so forth, what elections have been made, who are the test individuals, and we have to present that to the client”
“You can use the rollover relief, and you can transfer the assets... into a company, into a unit trust. That will help you avoid the 30% minimum tax on discretionary trusts”
“The will can establish a trust, a testamentary trust, and it holds those assets for that beneficiary... income from assets... can qualify as accepted income for minors, taxed at normal adult rates”
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