23/06/2026
If you are a trustee of a discretionary (family) trust, this post is critically important. Under Australian tax law, a trust's net income must be distributed to beneficiaries by June 30 each year — and crucially, the trust resolution specifying how income is distributed must also be made by June 30.
If a valid distribution resolution is not made by midnight on June 30, the trustee will be assessed on the trust's net income at the top marginal rate of 45% (plus Medicare Levy). That's an extraordinarily expensive mistake that cannot be rectified after the fact.
What does a valid trust resolution look like? It must be in writing, specify the beneficiaries and the amount or percentage each will receive, be made by the trustee (or all trustees if there are multiple), and be dated no later than June 30. It must also comply with the trust deed — distributions must be made to valid beneficiaries as defined in the deed.
In recent years, the ATO has also focused on trust distributions to adult children and associates — particularly 'circular' arrangements and section 100A anti-avoidance provisions. If your trust distributes to beneficiaries who don't actually receive or benefit from the funds, the ATO may re-characterise those distributions.
With seven days to go, TaxSmart Cafe is processing trust resolutions urgently for clients. Contact us immediately if you haven't done this.