05/06/2025
โ Question of the Week from Inside Tax Peer Desk
Hereโs a real (anonymous) question that sparked great discussion in our private community this week:
๐งพ A discretionary trust made a resolution to distribute income for the 2023โ24 financial year on 29 June 2024 โ
โฆbut the trustee didnโt document it in writing until 5 July 2024.
๐ The trust deed strictly requires resolutions to be made in writing by 30 June.
โ The member asked:
What are the consequences of the late documentation?
Would the default beneficiary become presently entitled?
Could the trustee be assessed under s99A at 47%?
Does this impact any UPE treatment?
These are exactly the kinds of nuanced technical questions our members tackle every week โ backed by shared experience, tax rulings, and real-world client issues.
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Tax Peer Desk is your judgment-free space to ask technical questions, share expertise, and stay sharp on trust distributions, FBT, CGT, PSI and more โ with professionals who get it.