- by Chan & Naylor
- in Asset Protection Property Investment Tax & Accounting Wealth Planning
What is Testamentary Discretionary Trust?
It is when a trustee holds the decision to distribute the capital and income to beneficiaries by having the same or different proportions. The coverage of such trust is only those beneficiary listed as part of the Will.
Testamentary Discretionary Trust is considered a highly beneficial tool for estate planning. As Capital Gains Tax is inevitable, the Testamentary Discretionary Trust keeps it in the minimum.
When is Capital Gains Tax triggered?
Asset disposal triggers CGT. When an asset is passed to a beneficiary under a will, such does not constitute a disposal. Given this instance, Capital Gains Trust will not take effect.
Capital Gains Tax is only triggered if the beneficiary receiving the asset decides to dispose of it. The trustee may transfer the asset to a beneficiary. This can be done by declaring either Low or No Income to reduce CGT liability. The beneficiaries may defer the need for the assets sale. This is true if assets are held within a trust.
A good example is when a property acquired by a senior member of the family fronting Bondi Beach in the 70s may at present be worth well over $5 million. Capital Gains Tax event will not be triggered if such property is passed to a younger member of the family through the testamentary discretionary trust.
Advantages of Testamentary Discretionary Trust?
A great advantage of a testamentary trust relates to splitting the asset/s between beneficiaries. In the absence of trust, all beneficiaries pay an extra amount of tax for the year.
Since trust is present, CGT can be split across other beneficiaries. Wives or other children may be added in the mix to lessen CGT’s effect. The tax even gets further reduced with the consideration of the maximum tax-free threshold. Corresponding rebates (if the beneficiary has children) are also considered.
Spouses’ employment may also be considered in the computation for the final Capital Gains Tax. An unemployed spouse receives a certain tax rate. It shaves off a significant dollar amount to the overall tax liability computation.
Testamentary discretionary trust significantly reduces CGT. Not to worry or intimidated, though. Just remember that testamentary discretionary trust has a correlation to the following:
- Members of beneficiary listed under the Will;
- Trustee’s involvement on whose party gets more share of the pie;
- Extended beneficiaries as part of overall CGT computation.
A trusted and expert Financial Planner may need to discuss this even further. Have a sit-down and in-depth discussion to further your financial knowledge.
Besides accurate tax advise and information, have a look at our other accounting and advisory services that we do to help you achieve greater financial success.
If you like this post, “Testamentary Discretionary Trust: Minimise Capital Gains Tax”, subscribe to our newsletter and stay in touch with us by liking our main Chan & Naylor Facebook page, the Chan & Naylor Brisbane Facebook page, the Chan & Naylor Redlands page, as well as our Linkedin, Instagram, and Twitter pages.
The Chan & Naylor Group has national offices in South West Sydney, Sydney, Pymble and Parramattain New South Wales, Melbourne, Moonee Ponds and Hawthorn in Victoria, Brisbane and Capalaba in Queensland, and East Perth in Western Australia that will be glad to assist you in managing your taxation affairs. Contact us today.
The material on this website has been prepared for general information purposes only and not as specific advice to any particular person. Any advice contained on this website is General Advice and does not take into account any person’s particular investment objectives, financial situation and particular needs. Before making an investment decision based on this advice you should consider, with or without the assistance of a securities adviser, whether it is appropriate to your particular investment needs, objectives and financial circumstances. In addition, the examples provided on this website are provided for illustrative purposes only.
Although every effort has been made to verify the accuracy of the information contained on this website, lnfocus, its officers, representatives, employees and agents disclaim all liability [except for any liability which by law cannot be excluded), for any error, inaccuracy in, or omission from the information contained in this website or any loss or damage suffered by any person directly or indirectly through relying on this information.