The rules about family trust elections, in particular who is part of the ‘family group’ and what are ‘distributions’, are quite complex and commonly misunderstood. A proper understanding of these rules is critical because distributions outside of the ‘family group’ could result in the family trust distribution tax being triggered.
This session covers:
- What are the implications of making a FTE or IEE
- When is a FTE or IEE required
- Requirement to make a valid FTE or IEE (including issues for testamentary trusts in meeting the ‘family control’ test)
- What are ‘distributions’
- Which individuals and entities are part of the ‘family group’
- Who is liable for FTDT; and
- Passing control of trusts to the next generation.