As a result of the 2016 amendments to modify Division 6C, some trusts cease to be taxed as corporate tax entities for income years starting on or after 1 July 2016.
Trustees of affected trusts will need to consider the impact of these changes on their registration requirements and tax obligations.
If a trust has carried forward tax losses – incurred when it was a public trading trust – then these losses are still deductible by the trust after it ceases to be a public trading trust – provided it satisfies trust loss testing rules in Schedule 2F of the Income Tax Assessment Act 1936.
Some affected trusts will continue to be treated as a corporate tax entity. For example, if the trust is the head company of a consolidated group because it has made a choice under Subdivision 713-C of the Income Tax Assessment Act 1997, the trust will continue to be treated as a company for income years starting on or after 1 July 2016 – despite amendments to Division 6C.