Make trustee resolutions for trust distributions by 30 June

Discretionary trust trustees must validly resolve to distribute trust income before the end of the FY.

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Who must comply

Trustees of discretionary trusts.

What triggers it

End of each financial year.

When due

By 30 June (or earlier deed-specified date).

Evidence required

Written trustee resolution, financials, accountant sign-off.

Max penalty

Trustee assessed at 47%; potential reassessment and interest if late resolutions challenged by ATO

Summary

For discretionary trusts, trustees must validly resolve to distribute trust income (and capital gains for streaming) by 30 June each year (subject to trust deed timing). Failure means default beneficiaries (often the trustee taxed at 47%) bear tax. ATO TR 2012/D1 + PCG 2018/4 guidance applies.

Enforced by

Source legislation

Entity types

trust discretionary

Topics

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Source: https://ato.gov.au/businesses-and-organisations/trusts/trustees-and-beneficiaries. Rules Mate is not a law firm. Always verify against the live regulator source before acting.