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TaxProof

Situations we sort out

Trust returns built on the deed, not on habit.

A trust distributes what its deed allows, to whom it allows, decided when the rules require. We read the deed, resolve distributions in time, and lodge returns the whole family's file agrees with.

Trusts fail on paperwork more often than on tax law. Distributions decided in conversation but never minuted. Resolutions drafted long after the year closed. A beneficiary who appears in the trust return but reports nothing in their own. Each of these is common, and each is the kind of gap a review finds first, because the documents are the first thing a reviewer asks to see.

Our trust work starts with the deed. Who can receive distributions, in what form, decided by whom — the deed answers these, and positions taken without reading it are guesses. Distribution decisions are then made and minuted before year end, while the timing rules still allow a choice. Those rules are strict and turn on your trust's own documents; we confirm what applies and diarise it.

The return itself is then the easy part: trust income reconciled, distributions matching the resolutions, and every beneficiary's share flowing through to their own return so the family's file reads as one consistent record. We prepare trusts alongside the companies and individuals connected to them — from Brisbane, by phone and video Australia-wide.

Part of our business taxation practice →

What we see in trust files

  • Distribution resolutions drafted after year end and dated as though they were not.
  • Deeds unread since establishment, with distributions going to people the deed may not permit.
  • Beneficiary returns silent on amounts the trust return says were distributed to them.
  • Trustee minutes that record the outcome but never the decision or its timing.

How we run trust work

The deed, read first

Beneficiary classes, income definitions and trustee powers confirmed from the deed itself before any position is taken on the return.

Distributions resolved before year end

Decisions made and minuted while they can still be made properly — we confirm what your deed and the timing rules require, and act ahead of it.

Resolutions and minutes on file

Each year's decision documented at the time it is made, signed and retained, so the paper matches the return.

Beneficiary returns that agree

Every distribution traced into the beneficiary's own return, so the family's lodgments corroborate each other instead of conflicting.

Trust income reconciled

Accounting income, trust income and taxable income distinguished and reconciled, with the workings retained.

Structure kept under review

If the trust no longer serves a commercial purpose, or the deed needs attention, we raise it in writing before it becomes a problem.

A trust file from this practice holds the deed, the resolutions and the reconciliations together, so the return, the minutes and the beneficiaries' lodgments tell one story. See our method →

Common questions

When do trust distributions have to be decided?

The safe answer is earlier than most people act. The requirement turns on your deed and the rules that apply to your trust, so we confirm the position for your trust each year and put the resolution in place before the deadline it faces — not after. A decision reconstructed after year end is exactly what reviewers look for, and exactly what we refuse to produce.

Why does the trust deed matter if we do the same thing every year?

Because the deed is the authority for every distribution the trust makes. It defines who can receive income, what counts as income, and how decisions must be made. A pattern repeated for years can still be outside the deed — and if it is, the tax consequences follow the deed, not the habit. We read it before we take a position, and keep a copy on file.

The beneficiaries are family members. Do their returns change?

Yes — a distribution is the beneficiary's income and belongs in their return, whether or not money actually moved. We trace each share from the resolution to the trust return to the beneficiary's own lodgment, so the three agree. Preparing the family's returns together is the practical way to keep them consistent.

We missed the resolution last year. What now?

Do not backdate anything — a document dated falsely turns an administrative failure into a serious one. The consequences of a missed resolution depend on the deed and the year's facts, and sometimes the position is better than feared. We establish what actually happened, work out the treatment that follows, and document the corrective steps honestly.

Can you prepare the trust, the company and our personal returns together?

Yes, and it is how we prefer to work. Family groups are read by the ATO as one set of connected accounts, and the returns should reconcile with each other — distributions, wages, loans and dividends landing consistently on every side. One practice preparing the group is the straightforward way to achieve that.

Is a trust still worth having?

It depends on what the trust is for. A structure that made sense when it was established may or may not fit the family and the rules as they now stand — and the honest answer requires reading the deed and the facts, not defending the setup by default. We review the position, set out the options, and put the reasoning in writing so the decision is yours.

General information only — not tax, legal or financial advice. Advice specific to your circumstances is provided within a signed engagement.

Related reading

Speak to the person who signs the return.

Consultations are with a registered tax agent — by phone or video, wherever you are in Australia.