Income derived by a trustee must be allocated between beneficiary income and trustee income in boxes 18A and 18B respectively.
Question 18A – Beneficiary income excluding minor beneficiaries
Beneficiary income is income of an estate or trust that vests in a beneficiary during the year or is paid to a beneficiary (or credited to them or dealt with in their interest or on their behalf) during the year or within a certain period after the end of the year.
The rest of the income generated by an estate or trust will be trustee income.
The income available to allocate to beneficiaries may be the income in Box 17B but it is important to note that Box 17B is a total of various amounts of estate or trust income. Some of the amounts, such as income from rental activities, are net amounts ie after deductions. Some of the deductions may be for non-cash outgoings, such as depreciation. This may result in there being income that can be distributed to beneficiaries despite Box 17B showing a loss, and providing the trust deed for the trust allows it.
This means there may be amounts that vest in or are paid to beneficiaries that have to be treated as beneficiary income. Identify any such vesting or payment and include the amount in Box 18A. The total must reconcile with the combined totals of Boxes 24H on the IR6B after deducting any taxable distributions included in Box 24G.
Timing of allocation of beneficiary income
Allocation of income to a beneficiary must be made within the income year, or by the later of:
six months after balance date, or
the earlier of:
the date on which the trustee files the return of income for the income year, or
the date by which the trustee must file a return for the income year.
A family trust is allocating income to beneficiaries for the year ended 31 March 2019. The trust return is due on 7 July 2019 and the trust plans to file by 30 June. The income should be allocated by the later of the following:
30 September 2019, or
the earlier of:
30 June 2019, or
7 July 2019.
In this case the income must be allocated by September 2019.
If the trust has a tax agent, the extension of time for filing income tax returns may apply.
Question 18B – Trustee income including minor beneficiaries
Trustee income is any income generated by an estate or trust that isn’t beneficiary income, see Question18A–Beneficiaryincomeexcludingminorbeneficiaries. It includes income accrued to date of death and received afterwards.
Where Box 17B shows a loss, there will be no trustee income and Box 18B should be left blank. The loss in Box 17B will be taken into account by us in calculating the loss to carry forward.
Accrued income and non-apportionment clauses
As a general rule, accrued income to date of death is retained by the trustee and becomes part of the capital of the estate. This income is treated as trustee income.
However, where the will of the deceased taxpayer contains a non-apportionment clause, the beneficiary is entitled to receive the income accrued to date of death. So, if the accrued income is paid to the beneficiary, it’s treated as beneficiary income.