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 |
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| Shaun |
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| Rosa |
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| Kristy |
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| Balance |
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| Total | $ |
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