Trust distribution resolution (year-end) preparation checklist
Trust distribution resolutions must be signed on or before 30 June to appoint beneficiaries presently entitled to trust income. This checklist is for Australian tax advisers and solicitors preparing year-end resolutions for family trusts.
This is a 12-step checklist for preparing a discretionary trust distribution resolution before 30 June, in line with section 97 ITAA 1936, s 99A, the streaming rules, and ATO guidance including TR 2022/4 on section 100A.
The checklist
Confirm the trust is a discretionary trust
Check the deed characterisation and any family trust election (FTE) in force.
Review the trust deed’s distribution powers
Identify who can receive distributions, the definition of income, and the trustee’s powers to stream.
Check family trust election status
Confirm the FTE and any test individual — distributions outside the family group attract family trust distribution tax at 47%.
Identify all potential beneficiaries
List beneficiaries by name, relationship, and tax position (marginal rate, losses, age).
Estimate trust net income before 30 June
Project trust accounting income and taxable income to 30 June so percentages can be calibrated.
Plan streaming of capital gains and franked dividends
Check deed allows effective streaming, and draft specific entitlement language for capital gains and franked dividends.
Assess section 100A reimbursement agreement risk
Review the substance of the arrangement — is there an agreement for the beneficiary to pay the benefit to another person?
Apply TR 2022/4 guidance to the plan
Compare the proposed distributions to the ordinary family dealing green zone in TR 2022/4 before signing.
Check unpaid present entitlements to corporate beneficiaries
Identify any UPEs to private companies and plan TD 2022/11 / Division 7A treatment before 30 June.
Check minor beneficiary (Division 6AA)
For distributions to children under 18, confirm the amounts are below the $416 threshold or planned to be excepted trust income.
Draft and sign the resolution before 30 June
Prepare the written resolution, circulate, and sign on or before 30 June. Keep a dated original.
Document and file the resolution
File the signed resolution with the trust records and update the beneficiary register. Provide copies to the accountant.
When this checklist applies
Use every financial year between mid-May and 30 June for every discretionary trust in the client group.
Common pitfalls
- Signing resolutions after 30 June — default assessment at 47% under section 99A
- Ignoring section 100A and TR 2022/4 on "wash" distributions to low-rate adult children
- Streaming capital gains or franked dividends without deed power
- Creating UPEs to private companies without a Division 7A plan
- Missing family trust distribution tax by distributing outside the family group
Run this checklist on a real matter
Quillio drafts year-end trust resolutions with streaming clauses, checks section 100A risk, and aligns the resolution with the deed on a live matter. See /practice-areas/commercial-lawyers or start a free trial.
General guidance only — this is not tax or legal advice. All distributions should be reviewed by a registered tax agent before 30 June.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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