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Topics on trust distributions (5)

Written by Ideas Group | Oct 2, 2020 6:19:12 AM

 

Example of Anti-Avoidance Provision Application

Let's consider Trust A, a closely held trust with $5,000 income for the 2019 year. It creates Trust B and gives it the entire $5,000 income. Since Trust A reports this as an untaxed amount in a correct TB statement, no trustee beneficiary non-disclosure tax (TBNT) is due.

Now, Trust B makes Trust A entitled to the $5,000 on June 30, 2019. Does this trigger the anti-avoidance provision?

Yes, it does. Here's why:

  1. Trust A's $5,000 income becomes part of Trust B's assessable income.
  2. Trust A becomes entitled to the $5,000, attributed to the untaxed part of its share.
  3. No TBNT is payable for Trust A due to the correct TB statement.

However, the anti-avoidance provision steps in to prevent tax benefits from circular trust distributions. It imposes TBNT of $2,350 (47% of $5,000) on Trust A's trustee.

While Trust B engages in circular trust distribution by giving $5,000 back to Trust A, it doesn't face TBNT because this amount isn't part of its taxable income.

The anti-avoidance provision isn't limited to direct distributions. It applies even if the distribution goes through one or more trusts, resulting in the untaxed amount returning to the closely held trust.

In essence, it tackles circular trust distributions to prevent tax evasion.

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