Question: The following question is based on the material in Chapter 2 of the textbook Advanced Income Tax Law: Q3. (Trusts - Discretionary distribution) The estate

The following question is based on the material in Chapter 2 of the textbook Advanced Income Tax Law:

Q3.

(Trusts - Discretionary distribution)

The estate of the Late Olivia Little (died 2015) derived a net income of $140,000 during the 2017/18 tax year.

The will provided that trust income was to be distributed as follows:

Tim

Her husband

40% of any income

Shaun

Her 25 year old son who has been certified insane

25% of any income

Rosa

Her 20 year old daughter who is a full-time student

15% of any income

Kristy

Her 17 year old daughter who is employed full-time

10% of any income

The Will also provided that the balance be either retained or distributed to a beneficiary at the discretion of the trustee. During the tax year, an additional amount of $9,000 was paid towards Rosas overseas trip.

Required:

Complete the following table (covering all beneficiaries) nominating:

  • Name of the BENEFICIARY
  • Whether or not the beneficiary is PRESENTLY ENTITLED
  • Whether or not the beneficiary is under a LEGAL DISABILITY
  • WHO IS ASSESSED on each amount
  • Which sections of the ITAA36 apply to make the income assessable
  • The AMOUNT retained or distributed.

Beneficiary

Presently entitled? (Yes/No)

Legal disability? (Yes/No)

Who is assessed?

(Beneficiary or Trustee)

ITAA36

Section(s) Applicable

Amount $

Tim

Shaun

Rosa

Kristy

Balance

Total

$

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