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Death and income tax – Some discrete issues: Part 1
Published on 01 Mar 20 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE
This is part 1 of a two-part series dealing with some standalone issues about tax and deceased estates. This article discusses some of the factors that a legal personal representative should consider when deciding whether to hold or sell shares that the deceased owned. Relevant factors might include, for example, the tax residency of the estate and the beneficiaries. Part 1 also considers some of the advantages that testamentary discretionary trusts offer over those created inter vivos. For example, trustees of testamentary trusts are generally assessed at lower tax rates than trustees of inter vivos trusts and importantly have access to the CGT discount. Further, the higher tax rates that apply to a minor’s unearned income do not apply to income from a testamentary trust, although, as noted, new rules are proposed which restrict this benefit to income from assets that the deceased
person who created the trust owned.
