JUNIQ BOOKS
Chapter 07 · Active learning

Trusts

Applied questions written from the supplied trust coverage.

Applied Questions

Question 1 — Trust income v net income

A discretionary trust deed defines income using accounting income. The trust has accounting income of $200,000 and a $100,000 taxable capital gain. Explain why one figure cannot simply be substituted for the other.

Question 2 — Present entitlement

A trustee signs a distribution resolution after year end purporting to make a beneficiary presently entitled to the prior year’s trust income. Identify the timing issue.

Question 3 — Fixed beneficiary

A resident adult beneficiary is presently entitled to 40% of trust income. Explain the starting point under s 97.

Question 4 — Capital gain streaming

A deed permits streaming and the trustee wants a capital gain assessed to one beneficiary and ordinary income to another. Identify the statutory layer that must be considered.

Question 5 — Section 100A

A beneficiary is made presently entitled but, under a pre-arranged understanding, transfers the distribution to the beneficiary’s parent. Identify the s 100A issue.

Question 6 — Trust losses

A trust with carried-forward losses changes beneficiaries and business activities. Explain why the losses cannot be assumed to remain freely deductible.