Show download pdf controls
  • Beneficiary under legal disability who is presently entitled to income from another trust – item 59

    Was any beneficiary in this trust, who was under a legal disability on 30 June 2022, also presently entitled to a share of the income of another trust?

    • Yes – print X in the Yes box.
    • No – print X in the No box.

    The trustee is liable to be assessed on the share of net income of the trust if a beneficiary is presently entitled to a share of the income of the trust but under a legal disability. Where the beneficiary is presently entitled to a share of the income from more than one trust, the beneficiary’s share of the net income from each of the trusts is taken into account in working out the tax rate to apply in the trustee’s assessment on behalf of the beneficiary. For more information on the tax rates and relieving provisions, see Appendix 10.

    Where the beneficiary is presently entitled to income from one or more other trusts, give the following information for each of those trusts:

    • name of the trust
    • trust TFN
    • income to which the beneficiary is presently entitled.

    If a trustee is unable to provide any part of this information, they must provide all the available details together with the name and address of the parent or guardian of the beneficiary.

    Attach the information to the tax return and print X in the Yes box at Have you attached any ‘other attachments’? at the top of page 1 of the tax return.

    Non-resident trust – item 60

    A trust is a non-resident of Australia if:

    • no trustee of the trust was a resident of Australia, at any time during the income year, or
    • the central management and control of the trust was not in Australia at any time during the income year.

    If the trust is a non-resident trust, print X in the Yes box.

    If not, print X in the No box.

    If the trust is a non-resident trust, print in the box marked $ at this item the amount of income derived outside Australia to which no beneficiary is presently entitled.

    Print NIL in the last 3 boxes at this item if applicable.

    Continue to

    Last modified: 26 May 2022QC 68031