Instructions to complete item 5 business reconciliation items and adjustments and the net income or loss from business.
Reconcile operating profit or loss
The reconciliation adjustments reconcile operating profit or loss as shown in the profit or loss account (the accounts) with the trust's net income or loss from business for income tax purposes.
If the trust has included any amounts such as exempt income or non-deductible expenses in the accounts, or has not included amounts which are assessable income or expenditure that is deductible, work out the reconciliation adjustments.
Income reconciliation adjustments
Print at label A Income reconciliation adjustments the net income-related reconciliation adjustments. The amounts included here fall into two classes, which either increase or reduce the net adjustment, 'income add backs' and 'income subtractions'.
- Income add backs are amounts not shown in the accounts, but are assessable income, including timing adjustments. These items increase the total shown at label A. Examples include
- any excess of the tax value of closing stock over the tax value of opening stock (other than small business entities using the simplified trading stock rules)
- assessable balancing adjustment amounts on depreciating assets; see Appendix 6
- limited recourse debt amounts; see Appendix 6
- other assessable income not included in the accounts, small business entities should see Appendix 6.
- Income subtractions are income items shown in the accounts, which are not assessable income, including timing adjustments. These items reduce the total shown at label A. Examples include
- exempt income, including income exempt from Australian tax under a double-tax treaty
- profit on the sale of a depreciating asset; see Appendix 6
- personal services income (PSI) included in the assessable income of an individual (attributed amount); see Personal services income – item 30
- other income shown in the accounts which is not assessable for income tax purposes; former STS taxpayers should see Former STS taxpayers
- cash flow boost payments if they have been included in other business income.
To calculate the net amount of the income-reconciliation adjustments, see Worksheet 1.
If the income subtractions exceed the income add backs, the total is a negative amount. Print L in the box at the right of the amounts shown at label A.
Expense reconciliation adjustments
Print at label B Expense reconciliation adjustments the net expense related reconciliation adjustments. The amounts included here fall into two classes that either increase or reduce the net adjustment, 'expense add backs' and 'expense subtractions'.
- Expense add backs are expenses shown in the accounts, which are either not tax deductible or are only partly tax deductible, including timing adjustments. These items increase the total shown at label B. Examples include
- additions to provisions and reserves
- capital expenditure
- certain expenses relating to personal services income that are not deductible; see Personal services income – item 30
- debt deductions denied by the thin capitalisation provisions; see Appendix 3
- depreciation expenses; see Note
- expenses relating to exempt income, including expenses relating to tax treaty exempt income
- hire-purchase payments; see Appendix 6
- income tax expense
- loss on the sale of a depreciating asset
- luxury car lease payments
- part of prepaid expenses not deductible this year
- penalties and fines
- other non-deductible expenses; former STS taxpayers should see Former STS taxpayers.
Note: Only add back amounts of depreciation expenses if the trust is not a small business entity using the simplified depreciation rules. However, exclude any small business pool deductions included at label K Depreciation expenses.
- Expense subtractions are amounts not shown as expenses in the accounts but are tax deductible, including timing adjustments. These items reduce the total amount shown at label B. Examples include
- any excess of the tax value of opening stock over the tax value of closing stock
- any expenditure incurred under Subdivision 40-J of the ITAA 1997 to establish trees in carbon sink forests
- deductible balancing adjustment amounts on depreciating assets; see Appendix 6
- deduction for decline in value of depreciating assets (other than trusts using the small business entity depreciation rules); see Appendix 6
- deduction for environmental protection expenses; see Appendix 6
- deduction for project pool; see Appendix 6
- deduction for electricity connections and phone lines; see Appendix 6
- hire purchase agreements, interest component; see Appendix 6
- deductions for landcare operations and decline in value of water facility, fencing asset and fodder storage asset; see Appendix 6
- luxury car leases, accrual amount; see Appendix 6
- part of prepaid expenses deductible this year, but not shown in accounts
- section 40–880 deduction; see Appendix 6
- other deductible items; former STS taxpayers should see Former STS taxpayers.
For more information on which new depreciation measure applies to an asset, see Interaction of tax depreciation incentives.
If the expense subtractions exceed the expense add backs, the total is a negative amount. Print L in the box at the right of the amount.
To calculate the net amount of the expense reconciliation adjustments, see Worksheet 1.
Specific reconciliation adjustments
Former STS taxpayersIf the trust is eligible and is continuing to use the STS accounting method, you may need to make additional adjustments; see Appendix 13.
You will need to make adjustments at Reconciliation items if the trust:
- uses the STS accounting method, and the amounts shown at Income and Expenses are not based on the STS accounting method, or
- stops using the STS accounting method.
These adjustments are explained in more detail below. Worksheet 1 will help with the calculations.
Trade debtors and creditors as at 30 June 2022If the trust is eligible, has chosen to continue using the STS accounting method and has included, as income at item 5, amounts of ordinary income that have been derived but not received in 2021–22, the amounts not received (for example, trade debtors at 30 June 2022) are not assessable in 2021–22.
Print these amounts as income subtractions at label A Income reconciliation adjustments.
If the trust is eligible, has chosen to continue using the STS accounting method and has included, as expenses at item 5, amounts of general deductions, repairs or tax-related expenses that have been incurred but not paid in 2021–22, then the amounts not paid (for example, trade creditors at 30 June 2022) are not deductible in 2021–22.
Print these amounts as expense add-backs at label B Expense reconciliation adjustments.
Adjustments when ceasing to use the STS accounting methodIf the trust has discontinued using the STS accounting method and changed to an accruals accounting method this year, read below.
If the trust has previously not included, as income at item 5, amounts of ordinary income that were derived but not received while using the STS accounting method (for example, trade debtors at 30 June 2021) these amounts are assessable this year.
Print these amounts as income add backs at label A Income reconciliation adjustments.
If the trust has previously not included as expenses at item 5, amounts of general deductions, repairs or tax-related expenses that were incurred but not paid while using the STS accounting method (for example, trade creditors at 30 June 2021) these amounts are deductible this year.
Include these amounts as expense subtractions at label B Expense reconciliation adjustments unless they are tax-related expenses. Include the deduction for tax-related expenses at item 18 Other deductions.
Disposal of depreciating assetsIf the trust has disposed of depreciating assets during the income year, the following amounts (if any) are income add backs at label A Income reconciliation adjustments:
- taxable purpose proportion of the termination value of certain assets disposed of, for which an immediate deduction has been claimed
- if the closing pool balance of the general small business pool is less than zero, amount below zero, and
- assessable balancing adjustment amounts on the disposal (or deemed disposal) of depreciating assets not subject to the small business entity depreciation rules.
Print any deductible balancing adjustment amounts on the disposal of depreciating assets not subject to the small business entity depreciation rules as expense subtractions at label B Expense reconciliation adjustments.
Prepaid expenses (immediate deduction)Small businesses and entities that would be small business entities if the aggregated turnover threshold was $50 million are entitled to an immediate deduction for prepaid expenses if:
- the expenditure is incurred for a period of service not exceeding 12 months, and
- the eligible service period ends on or before the last day of the next year of income.
If the eligible service period is more than 12 months, or ends after the next year of income, you must apportion the deduction for the expenditure over the eligible service period or 10 years, whichever is less.
For more information, see Deductions for prepaid expenses 2022. If expense amounts include prepaid expenses that differ from the amounts allowable as deductions in 2021–22, make the reconciliation adjustment at label B Expense reconciliation adjustments.
Prepaid expenses (apportionment)The trust’s total deduction for prepaid expenses in 2021–22 may comprise two components:
- the part of prepaid expenses incurred in 2021–22 that relates to that income year
- that part of the 2020–21 or earlier income year’s expenses was not deductible in that income year, but is deductible in 2021–22 under the prepayment rules.
For more information, see Deductions for prepaid expenses 2022.
If expense amounts include prepaid expenses that differ from the amounts allowable as deductions in 2021–22, make the reconciliation adjustment at label B Expense reconciliation adjustments.
Trading stock on hand (other than small business entities using the simplified trading stock rules)Reconciliation adjustments will be required where the tax values of trading stock on hand have not been used in calculating the amount included at label E Cost of sales. Any excess of the tax value of closing stock over the tax value of opening stock would be an income add back. Any excess of the tax value of opening stock over the tax value of closing stock would be an expense subtraction. If you have used accounting values for trading stock on hand in calculating the amount included at label E, you will need to take further reconciliation adjustments from those amounts.
For more information on the tax value of trading stock, see item 39 Opening stock and item 41 Closing stock.
Net income or loss from business
The trust's net income or loss from business is the amount of the trust's net income or loss for tax purposes that is from business. It is the total business income less total expenses incurred in producing that income according to the accounting systems, adjusted by any tax reconciliation items.
Print at label S Net income or loss from business in the totals column:
- total business income, minus
- label O Total expenses, plus or minus
- label A Income reconciliation adjustments and label B Expense reconciliation adjustments.
If the amount at label S is an overall loss, print L in the box at the right of the amount.
The amount at label S equals the sum of the net income or loss from business at:
- label Q for primary production, and
- label R for non-primary production.
If the amount at Q or R is a loss, print L in the box at the right of the amount.
Net small business income
Is the trust a small business entity?
- No – Go to item 6 Tax withheld.
- Yes – Read on.
The trust must work out the net small business income. Beneficiaries who are individuals need to know their share of net small business income to claim the small business income tax offset on their own tax return if they are entitled to it.
An individual is only entitled to the offset in respect of a share of net small business income received from a small business entity trust in which they are a beneficiary, where the business income was derived by that trust from carrying on its own business activities.
Trustees and beneficiaries who are prescribed persons (under 18 years of age and not excepted persons) are not entitled to the offset.
The net small business income is the trust’s assessable income from carrying on a small business, less any deductions to the extent that they are attributable to that assessable income. If the trust carries on multiple businesses, combine the trust's assessable income and attributable deductions to work out the net small business income.
Do not include:
- any net capital gains from assets used in carrying on the business
- any personal services income that was attributed to another person
- any of the following deductions
- tax-related expenses
- gifts or contributions
- tax losses from prior years.
Completing 5V Net small business income
Step 1
Did the trust have any business income or deductions at items other than at label S Net income or loss from business?
- No – The amount at label S Net income or loss from business is your net small business income. Print this amount at label V Net small business income. You have completed this section. Go to item 6 Tax withheld.
- Yes – Read on.
Step 2
If you had any of the following, use Worksheet 1A to work out your net small business income:
- foreign source business income at item 23 Other assessable foreign source income
- attributed foreign business income at item 22 Attributed foreign income
- interest income earned in the course of carrying on the business included at item 11 Gross interest
- dividend income earned in the course of carrying on the business included at item 12 Dividends; for example, dividends earned in the course of carrying on a share trading business
- any business income not already included at Income – label C to G and label D to H
- any business deductions not already included at Expenses – label P to N; for example, debt deductions against foreign source business income claimed at item 18 Other deductions.
For more information, see Small business income tax offset.
6 Tax withheld
Item 6 deals with the following:
Tax withheld where ABN not quoted
Print at label T Tax withheld where ABN not quoted the total of amounts withheld from income subject to withholding where an ABN was not quoted. This amount equals the sum of the amounts shown in the tax withheld boxes on the Non-individual PAYG payment summary schedule 2022.
For instructions on completing the schedule, see Non-individual PAYG payment summary schedule 2022.
Do not include any share of amounts withheld that is a distribution from another trust or partnership where an ABN was not quoted. Print this at item 8 Partnership and trusts – label C Share of credit for tax withheld where ABN not quoted.
If you show an amount of tax withheld at label T, you need to declare, as appropriate, the corresponding gross income at:
- Item 5 – label C Gross payments where ABN not quoted
- item 5 – label D Gross payments where ABN not quoted.
Credit for tax withheld – foreign resident withholding
Complete this entry only if the trust is a non-resident trust and the amount was withheld in Australia and remitted to us.
Print at label U Credit for tax withheld - foreign resident withholding (excluding capital gains) the total amount of tax withheld from payments subject to foreign resident withholding. Do not include any share of foreign resident withholding credits distributed to the trust from other trusts or partnerships.
Do not include at label U any amount for foreign resident capital gains withholding. This amount should be shown at item 21 Capital gains – label B Credit for foreign resident capital gains withholding amounts.
If you claim a credit at label U for tax withheld under foreign resident withholding, you must show the corresponding gross payments amount at item 5 – label B Gross payments subject to foreign resident withholding (excluding capital gains).
7 Credit for interest on early payments – amount of interest
Print at label W Credit for interest on early payments only the calculated interest amount of 50 cents or more for early payment. Do not show actual payments.
Interest may be payable where an actual payment is made on account of certain tax liabilities more than 14 days before the due date of payment. Amounts that may attract early payment interest include payments of:
- income tax (including Medicare levy)
- a shortfall interest charge
- interest payable under section 102AAM of the ITAA 1936.
Amounts that are not directly paid to us, but are reduced by the crediting or applying of an amount do not attract early payment interest. These amounts include:
- credit for instalments payable under the PAYG instalment regime
- credit for amounts withheld from withholding payments under the PAYG withholding regime
- an overpayment of other income tax liabilities
- a running balance account (RBA) surplus
- any other credit entitlement arising under a taxation law.
Early payment interest is also not payable on any part of the payment that:
- exceeds the amount due
- attracts interest on overpayment under Part IIIA of the Taxation (Interest on Overpayments and Early Payments) Act 1983.
For taxable trusts, early payment interest is calculated from the later of:
- the date of issue of the notice notifying the amount of tax or interest, or
- the date the early payment is made.
Interest is payable up to the due date for payment, but only on the amount of payment up to the value of the debt.
However, where an amount that is paid early is refunded before the day it becomes due and payable, interest does not accrue on the amount for any period after the day it is refunded.
Date of payment is the date:
- shown on the receipt
- the payment is posted to us, plus three business days, or
- shown on the taxpayer’s bank statement where payment is made through direct debit; that is, electronic funds transfer (EFT).
Period |
Interest rate (p.a.) |
---|---|
1 July 2021 to 30 September 2021 |
0.04 |
1 October 2021 to 31 December 2021 |
0.01 |
1 January 2022 to 31 March 2022 |
0.04 |
1 April 2022 to 30 June 2022 |
0.07 |
If the early payment extends over two or more interest periods, calculate the interest for the number of days in each period.
Interest is calculated as follows:
(Number of days ÷ 365 (366 for a leap year)) × amount of the payment × (interest rate for the period ÷ 100)
Keep a record of the amount of early payment interest claimed. This interest is assessable as income in the income year in which it is paid or credited against another liability.
8 Partnerships and trusts
Item 8 deals with the following:
The trust’s income from a partnership includes income or a loss that the trust received, was entitled to receive or was entitled to deduct in respect of that partnership.
The trust’s income from other trusts includes the trust's share of the net income (for tax purposes) of the other trusts, which generally corresponds to the percentage share of the other trust's distributable income that the trust received or was entitled to receive as a beneficiary under a will, settlement, and deed of gift or other instrument of trust.
Distributions from partnerships or shares of the net income of other trusts may include or be attributable to the partnership or trust's share of any:
- TFN amounts withheld from interest, dividends and unit trust distributions
- franking credits attached to franked dividends received indirectly from an Australian franking company
- amounts withheld where an ABN was not quoted.
Copy the details from any statements of distribution or advice received from the partnerships and other trusts to new Worksheet 2. This is the trust’s record if we need more details later.
If the partnership or trust statement of distribution or advice includes an amount described as dividends or franking credits from a New Zealand franking company, do not include these at item 8. Show these amounts at item 23 Other assessable foreign source income.
Do not include any payments and loans received from trustees or amounts that are debts forgiven by trustees that are treated as dividends under Division 7A of the ITAA 1936. Show these amounts at item 12 Dividends – label K Unfranked amount.
If the partnership or trust statement of distribution or advice includes amounts described as foreign income or capital gains, do not include these at item 8.
Show foreign income at either:
- item 22 Attributed foreign income
- item 23 Other assessable foreign source income.
Show net capital gains (including foreign capital gains) at item 21 Capital gains.
Amounts of foreign resident capital gains withholding should be shown at item 21 – label B Credit for foreign resident capital gains withholding amounts.
Dividends received from listed investment companies (LIC) are not distributions of net capital gains. For more information, see Guide to capital gains tax 2022.
To the extent that family trust distribution tax (FTDT) has been paid on income or capital to which the trust is presently entitled or has been distributed from or received from a partnership or other trust, an amount is excluded from the assessable income of the trust under section 271-105 of Schedule 2F to the ITAA 1936.
For more information on the circumstances that FTDT is payable, see Family trust distribution tax.
If the trust receives or is presently entitled to a share of income which includes an amount, received indirectly from a closely held trust, on which trustee beneficiary non-disclosure tax (TBNT) has been paid, you do not need to include the amount in the trust’s assessable income.
Any losses or outgoings incurred in deriving an amount that is excluded from assessable income because FTDT or TBNT has been paid are not deductible. The trust cannot claim a tax offset for any franking credits attributable to the whole or a part of a dividend that is excluded from assessable income.
If the TOFA rules apply to the trust, include at item 8 Partnerships and trusts the trust's share of all primary production and non-primary production income distributed from partnerships or included in the net income (for tax purposes) of other trusts and deductions relating to such amounts. This includes amounts from financial arrangements subject to TOFA rules.
If what you show at this item includes an amount that is brought to account under the TOFA rules, also complete item 31 Taxation of financial arrangements (TOFA).
Primary production
Distribution from partnerships
Print at label A Distribution from partnerships the amount of primary production (PP) income or loss distribution from partnerships.
If this amount is a loss, print L in the box at the right of the amount.
Share of net income from trusts
Print at label Z Share of net income from trusts the trust's share of primary production income which has been included in the net income (for tax purposes) of other trusts. The statement of distribution or advice from the other trusts(s) should separately show this amount. This amount should include the trust's share of primary production income which has been included in the net income of other trusts where the trust became presently entitled to primary production income of other trusts in the income year but has not yet received it.
If the trust's share of primary production income included in the net income of other trusts is zero because the other trust has made a loss from its primary production activities, print L in the box at the right of the amount. Show a loss at label Z only if it is a component of an overall distribution of net income from the same trust.
If this amount is not a loss, in the box at the right of label Z print the code from table 1 that best describes the type of trust from which the distribution is made. If this amount is from more than one type of trust, show the code that represents the trust with the greatest amount of distribution.
Deductions relating to amounts shown at A and Z
Print at label S Deductions relating to amounts shown at A and Z the trust’s deductions for its own expenses relating to primary production distributions from partnerships. Also show at label S the trust's deductions for its own expenses in deriving its share of primary production income which has been included in the net income (for tax purposes) of other trusts. Expenses incurred on behalf of those other trusts are not able to be deducted by the trust.
If you have prepaid any expenses, the amount that you can claim at label S may be affected by the prepayment provisions. For more information, see Deductions for prepaid expenses 2022.
Expenses listed here that are costs associated with borrowing and servicing debt may not be allowable deductions under the thin capitalisation rules. For more information, see Appendix 3. The disallowed amount reduces the amount that would otherwise be included at label S.
Net primary production amount
Print at label Net primary production amount the net result of adding the trust’s partnership distributions of primary production income and the trust's share of primary production income that has been included in the net income (for tax purposes) of other trusts less allowable deductions related to that income.
If this amount is a loss, print L in the box at the right of the amount.
Non-primary production
Distribution from partnerships, less foreign income
Print at label B Distribution from partnerships, less foreign income the amount of non-primary production income or loss from partnerships. Include any share of credit for tax withheld in Australia due to foreign resident withholding that is attached to the distribution. (Also include the share of credit at label U Share of credit for tax withheld – foreign resident withholding (excluding capital gains) but do not include amounts subject to foreign resident capital gains withholding).
If the amount at label B is a loss, print L in the box at the right of the amount.
If the distribution includes franked dividends from a franking entity, check the statement of distribution or advice detailing the distribution to ensure that the amounts to be included here represent both the trust’s share of the franked dividend and its share of the franking credit attached to the franked dividend. The franking credit is also included at label D Share of franking credits from franked distributions. Franked distributions received from a partnership are shown at label B and not at label F Franked distributions from trusts.
Do not show any dividends or franking credits indirectly received attributable to distributions from a New Zealand franking company here. If the trust received dividends or franking credits indirectly from a New Zealand franking company, see item 23 Other assessable foreign source income.
If the trust received a distribution from a partnership and that partnership advised that it claimed a deduction in respect of a LIC capital gain amount, the trust is required to include its share of the deduction allowed to the partnership at item 14 Other Australian income – give details.
Share of net income from trusts, less capital gains, foreign income and franked distributions
Print at label R Share of net income from trusts, less capital gains, foreign income and franked distributions the trust's share of the non-primary production income, which was included in the net income (for tax purposes) of other trusts. The statement of distribution or advice from the other trusts should separately show this amount. Include any share of credit for tax withheld in Australia due to foreign resident withholding that is attached to the distribution. (Also include the share of credit for tax withheld from foreign resident withholding at label U Share of credit for tax withheld - foreign resident withholding (excluding capital gains) but do not include amounts subject to foreign resident capital gains withholding).
The trust's franked distributions from trusts and its share of the franking credits referrable to those franked distributions (the franking credit 'gross-up') are no longer included at the amount shown at label R. These amounts are now included at label F Franked distributions from trusts. For more instructions on this amount, see Franked distributions from trusts. However, these amounts are still relevant to working out whether the overall share of net income (for tax purposes) from non-primary production activities is a positive amount. Unfranked distributions are still shown at label R.
In working out the trust's share of non-primary production income included in the net income (for tax purposes) of other trusts, amounts to which the trust became presently entitled in the income year but has not yet received should also be taken into account.
Although for tax purposes a trust cannot distribute a loss, in certain circumstances a trust may have made a loss in relation to its non-primary production activities and yet still have a positive amount of net income because its share of primary production income included in the net income for tax purposes is positive. In these circumstances, for the purposes of certain provisions relating to primary producers, it may be necessary to identify where the trust's share of net income from another trust related to non-primary production activities is a loss, and record this at label R.
If the trust's share of non-primary production income which was included in the net income (for tax purposes) of another trust is a loss, print L in the box at the right of the amount. Show a loss at label R only if the amount is a component of an overall distribution of net income from the same trust. The loss at label R should be adjusted for any amounts shown at label F and G Deductions relating to franked distributions from trusts in label F relating to franked distributions from trusts.
If this amount is not a loss, in the box at the right of label R print the code from table 1 that best describes the type of trust from which the distribution is made. If this amount is from more than one type of trust, print the code that represents the trust with the greatest amount of distribution.
Deductions relating to amounts shown at label B and R
Print at label T Deductions relating to amounts shown at B and R the trust’s deductions for its own expenses relating to non-primary production distributions from partnerships. Also show at label T the trust's own expenses incurred in deriving its share of non-primary production income which has been included in the net income (for tax purposes) of other trusts, except those deductions which are directly related to the earning of franked distributions from trusts which are shown at label G Deductions relating to franked distributions from trusts in label F. Expenses incurred on behalf of those other trusts are not able to be deducted by the trust.
If any expenses have been prepaid, the amount that you can claim at label T may be affected by the prepayment provisions. For more information, see Deductions for prepaid expenses 2022.
Expenses listed here (and where relevant at label G relating to franked distributions from trusts) that are costs associated with borrowing and servicing debt may not be allowable deductions under the thin capitalisation rules. For more information, see Appendix 3. The disallowed amount reduces the amount that would otherwise be included at label T or where relevant at label G.
If FTDT has been paid on income or capital of another trust or partnership that the trust is entitled or which has been distributed to the trust, an amount is excluded from the trust's assessable income under section 271-105 of Schedule 2F to the ITAA 1936. Do not show this at label A, Z, B, R or F. You cannot claim a deduction for any losses or outgoings incurred in deriving an amount that is excluded from assessable income at label S, T or G. For more information on the circumstances that FTDT is payable, see Family trust distribution tax.
If trustee beneficiary non-disclosure tax (TBNT) has been paid in respect of an amount that would otherwise be assessable to the trust, that amount is excluded from the assessable income of the trust. Do not show that income at label A, Z, B, R or F. You cannot claim a deduction for any losses or outgoings incurred in deriving an amount which is excluded from assessable income at label S, T or G.
Franked distributions from trusts
Print at label F Franked distributions from trusts the trust's share of the franked distribution (described as franked dividends, franked distributions or attributable franked distributions), plus its share of the franking credit attached to the franked distribution. The franking credit is also included at label D Share of franking credits from franked distributions. Unfranked distributions are shown at label R Share of net income from trusts, less capital gains, foreign income and franked distributions.
A franked distribution is a distribution that has a franking credit attached to it and includes both fully and partially franked distributions. If the trust's share of the non-primary production income included in the net income of other trusts includes an amount described as franked dividends, franked distributions or attributable franked distributions, check the statement of distribution or advice detailing the distribution to ensure that the amounts to be included at this entry represent both the trust’s share of the franked distribution and its share of the franking credit attached to the franked distribution (the franking credit 'gross-up').
Do not show any share of another trust's non-primary production income included in the net income of that other trust that includes any dividends or franking credits indirectly received which were attributable to distributions from a New Zealand franking company at this entry. Instead, see item 23 Other assessable foreign source income.
If the trust received, or was entitled to receive, income from another trust, and that income included a franked distribution (dividend) paid by a LIC, the total franked distribution should be shown at label F.
If the trust received, or was entitled to receive, income from another trust, and that trust advised that it claimed a deduction in respect of a LIC capital gain amount, the trust is required to include an amount equal to its share of the deduction allowed to the trust at item 14 Other Australian income – give details.
Deductions relating to franked distributions from trusts in label F
Print at G Deductions relating to franked distributions from trusts in label F the trust's deductions for its own expenses incurred in deriving its share of the franked distributions from trusts at label F Franked distributions from trusts. The amount of deductions which can be claimed at label G may be also be limited in circumstances such as those described above, for example by the prepayment and thin capitalisation rules, or because an amount shown at label F was excluded from the trust's assessable income.
Net non-primary production amount
Print at label Net non-primary production amount the net result of adding the partnership distributions of non-primary production income and the trust's share of non-primary production income included in the net income (for tax purposes) of other trusts, less deductions related to that income, plus the amount of the franked distributions from trusts, less the deductions relating to the franked distributions from trusts.
If this amount is a loss, print L in the box at the right of the amount.
Share of credits from income
Share of credit for tax withheld where ABN not quoted
If the income shown at label A, Z, B, R or F includes any share of amounts that have had tax withheld where an ABN was not quoted, show any share of credit for the tax withheld at label C Share of credit for tax withheld where ABN not quoted. The trust or partnership statement or distribution or advice should separately disclose this amount.
Share of franking credits from franked distributions
Print at label D Share of franking credits from franked distributions the trust’s share of any franking credits from a franking entity received indirectly through a partnership or other trust.
Show franking credits received directly from a paying franking entity at item 12 Dividends – label M Franking credit.
Do not show franking credits relating to a franked dividend received indirectly through a partnership or other trust if any of the following apply:
- They were attributable to a distribution from a New Zealand franking company. If the trust received franking credits indirectly from a New Zealand franking company, see item 23 Other assessable foreign source income.
- The holding period rule and related payments rule were not satisfied in relation to the dividend. For more information, see Appendix 1.
- FTDT has been paid on the dividend paid or credited by a company that has made an interposed entity election. The dividend is excluded from assessable income under section 271-105 of Schedule 2F to the ITAA 1936. A franking credit or tax offset cannot be claimed for any franking credit attached to that dividend. For more information on when FTDT is payable, see Family trust distribution tax.
- Trustee beneficiary non-disclosure tax has been paid in respect of the dividend. A franking credit or tax offset cannot be claimed for any franking credit attached to that dividend.
Share of credit for TFN amounts withheld from interest, dividends and unit trust distributions
Unless an entity claimed an exemption or quoted a TFN, an investment body may withhold amounts from interest, dividends or income of a unit trust to which a beneficiary is presently entitled. These are called TFN amounts withheld. The current rate is 47% of the payment made.
Print at label E Share of credit for TFN amounts withheld from interest, dividends and unit trust distributions the trust's share of any credit for TFN amounts withheld from amounts of interest, dividends and income of unit trusts to which a beneficiary is presently entitled that are received from partnerships or other trusts. Credits for TFN amounts withheld are allowed in the assessments of the beneficiaries or trustees.
Credit for TFN amounts withheld from payments from closely held trusts
Where a beneficiary of a closely held trust does not provide their TFN to the trustee, the trustee may be required to withhold from payments or distributions.
Print at label O Credit for TFN amounts withheld from payments from closely held trusts any amounts withheld by a trustee of a closely held trust because a TFN was not provided.
Share of credit for tax withheld – foreign resident withholding (excluding capital gains)
Print at label U Share of credit for tax withheld – foreign resident withholding (excluding capital gains) the trust’s share of any foreign resident withholding credits received from partnerships or other trusts. Ensure this amount is included in the gross distribution amount at label B Distribution from partnerships, less foreign income or label R Share of net income from trusts, less capital gains, foreign income and franked distributions.
Amounts may be withheld in Australia from some payments made to certain partnerships or trusts due to the operation of the foreign resident withholding measure. These payments relate to entertainment, sports activities, construction, related activities and casino gaming junket activities.
Do not include amounts of foreign resident capital gains withholding at label U. These should be shown at item 21 Capital gains – label B Credit for foreign resident capital gains withholding amounts.
Do not include a share of tax paid under subsection 98(4) from other trusts.
9 Rent
Former STS taxpayers still using the STS accounting method
If the trust is eligible and has chosen to continue using the STS accounting method, calculate label F Gross rent, G Interest deductions, and H Other rental deductions on the STS accounting method.
For more information, see Appendix 13.
Small business entities
Depreciating assets used in rental properties are generally excluded from the small business entity depreciation rules on the basis the assets are part of property that is subject to a depreciating asset lease.
For more information, see Small business entity concessions.
If the sole reason you derived income jointly (or in common) with another person was that you were a part owner of a property available for rent, but you were not in a trust carrying on a business of renting out properties, do not show any income or deductions from that rental property at this item. Print your share of the income or deductions at item 21 Rent of your Tax return for individuals (supplementary section) 2022 or the relevant items of the company, trust or fund tax return or the self-managed superannuation fund annual return.
For more information to help you work out whether you are carrying on a business, see TR 97/11 Income tax: am I carrying on a business of primary production?
Gross rent
Print at label F Gross rent the gross amount of rental income. This item cannot be a loss.
Rental income includes booking or letting fees, bond monies if the trust becomes entitled to retain them, any insurance payouts that compensate for lost or forgone rent, and reimbursements from tenants of deductible expenses incurred.
If the trust is registered for GST, and GST is payable in relation to rental income, exclude the GST from gross rent at label F.
Show rent from foreign sources at item 23 Other assessable foreign source income.
Lease premium received from a CGT eventA capital gain or a capital loss made from the receipt of a lease premium is shown at item 21 Capital gains.
For more information on CGT events involving leases, see Guide to capital gains tax 2022.
Interest deductions
Print at label G Interest deductions the total deductible amount of interest expense incurred in earning the rental income.
If borrowed monies are used to finance a property investment, interest paid on the borrowing generally is deductible. However, to the extent that the loan is used or refinanced for a private purpose, you must apportion the interest expense to account for the private use.
The thin capitalisation rules may apply to reduce interest deductions. These rules place a limit on the amount of interest and other borrowing costs that can be deducted for Australian tax purposes. For more information, see Appendix 3. The disallowed amount reduces the amount that would otherwise be included at label G.
If the TOFA rules apply to the trust, include all interest expenses incurred on monies borrowed to finance a property: this includes interest expense from financial arrangements subject to the TOFA rules at label G.
Capital works deductions
Print at label X Capital works deductions the total capital works deductions amount for rental buildings and structural improvements, such as fences, retaining walls and sealed driveways.
For more information on capital works deductions, see Appendix 5.
Other rental deductions
Print at label H Other rental deductions the total of other deductible expenses incurred in earning rental income.
If the trust is registered for GST and GST is payable in relation to rental income, exclude any input tax credit entitlements that arise in relation to expenses from the amount shown at label H.
Expenses listed here that are costs associated with borrowing and servicing debt may not be allowable deductions under the thin capitalisation rules; see Appendix 3. The disallowed amount reduces the amount that would otherwise be shown at label H.
Deductions for the decline in value of depreciating assets used to earn rental income are generally shown at label H. However, if the trust has allocated some of these assets to a low-value pool, you may need to record deductions at item 18 Other deductions; see Appendix 6.
Net rent
Print at Net rent the net amount of any rent. If this amount is a loss, print L in the box at the right of the amount.
For more information, see Rental properties 2022.
Tax agents who lodge trust tax returns through PLS must complete the Partnerships and trusts rental property schedule 2022 if item 9 Rent is completed. The schedule is only available to tax agents who lodge via PLS, if you are lodging a paper version of the trust return, you do not have to complete the schedule.
10 Forestry managed investment scheme income
- Item 10 deals with the following:Definitions
- For an initial participant in an FMIS
- For a subsequent participant in an FMIS
- To complete this item.
Print at label Q Forestry managed investment scheme income the total income from the forestry interests that the trust holds in a forestry managed investment scheme (FMIS). The amount you show at label Q will depend on the points below.
Do not include capital gains from an FMIS; show these at item 21 Capital gain – label A Net capital gain. For more information on the CGT treatment of the trust’s forestry interests, see Guide to capital gains tax 2022.
For information on calculating your income and deductions if the trust is a member of a collapsed agribusiness managed investment scheme, see Collapse and restructure of agribusiness managed investment schemes – participant information.
Definitions
A forestry interest in an FMIS is a right to benefits produced by the FMIS, whether the right is actual, prospective or contingent, and whether it is enforceable or not.
The forestry manager of an FMIS is the entity that manages, arranges or promotes the FMIS.
A trust is an initial participant in a FMIS if:
- it obtained its forestry interest in the FMIS from the forestry manager of the scheme
- its payment to obtain the forestry interest in an FMIS results in the establishment of trees.
A trust is a subsequent participant in an FMIS if it acquired its interest through secondary market trading. This means it acquired its interest other than as an initial participant, usually by purchasing that interest from an initial participant in the scheme.
The amount of the trust’s total forestry scheme deductions is the total of all the amounts it can deduct or has deducted for each income year it held its forestry interest. For more information on amounts the trust can deduct, see item 17 Forestry managed investment scheme deduction.
The amount of the trust’s incidental forestry scheme receipts is the total of all the amounts it has received from the FMIS in each income year it held its forestry interest, other than amounts received because of a CGT event.
For an initial participant in an FMIS
Thinning receiptsIf the trust received thinning proceeds from its forestry interest, include the actual amount received at label Q.
Sale and harvest receipts – forestry interest no longer heldInclude the market value of the forestry interest at the time of the CGT event at label Q if:
- the trust ceased holding its forestry interest as a result of a CGT event (because it sold its interest or it received harvest proceeds), and
- the trust has claimed a deduction, or can claim a deduction, or would be entitled to deduct such amounts but for a CGT event happening within four years after the end of the income year in which the trust first pays an amount under the FMIS.
Include at label Q the amount by which the market value of the forestry interest was reduced as a result of the CGT event if:
- a CGT event happened and the trust still held its forestry interest (because it sold part of its interest or there was a partial harvest), and
- the trust has claimed a deduction, or can claim a deduction, or would be entitled to deduct such amounts but for a CGT event happening within four years after the end of the income year in which the trust first pays an amount under the FMIS.
For a subsequent participant in an FMIS
Thinning receiptsIf the trust received thinning proceeds from its forestry interest then include the actual amount received at label Q.
Sale and harvest receipts – forestry interest no longer heldIf:
- the trust ceased holding its forestry interest as a result of a CGT event (because it sold its interest or it received harvest proceeds), and
- the trust has deducted, or can deduct, or could have deducted, an amount if the trust had paid the amount under the scheme in relation to the forestry interest,
then include at label Q the lesser of
- the market value of the forestry interest at the time of the CGT event, or
- the amount (if any) by which the total forestry scheme deductions exceeded the incidental forestry scheme receipts.
Example 6 shows how to calculate the amount to include at label Q where the trust sold its forestry interest.
Sale and harvest receipts – forestry interest still heldIf:
- a CGT event happened and the trust still held its forestry interest (because it sold part of its interest or there was a partial harvest), and
- the trust has deducted, or could have deducted, an amount if the trust had paid the amount under the FMIS in relation to the forestry interest,
work out:
- the market value of the forestry interest at the time of the CGT event
- the amount (if any) by which the total forestry scheme deductions exceeded the incidental forestry scheme receipts ('net deductions').
Use the lesser of the two amounts above in the following formula:
Lesser of two amounts above × (the decrease (if any) in the market value of the forestry interest (as a result of the CGT event) ÷ the market value of the forestry interest just before the CGT event)
Include at label Q the amount calculated using the formula.
In a future income year (a year in which the trust receives further proceeds from a harvest or the sale of its forestry interest), disregard the amount of the 'net deductions' that has already been reflected at label Q.
Example 7 shows how to calculate the amount to include at label Q where there is a harvest payment made and the trust still holds the forestry interest.
To complete this item
Add up all the amounts you worked out for the trust’s FMIS income. Print the total at label Q.
See examples 6 and 7 for how to calculate the amount you show at label Q where the trust is a subsequent participant that holds the forestry interest on capital account.
For more information on the CGT treatment of a trust’s forestry interest acquired as a subsequent participant, see Guide to capital gains tax 2022.
Example 6: Sale receipts: forestry interest no longer held
Cedar Trust is a subsequent participant in an FMIS. It sold its forestry interest at the market value of $20,000. The sale of the forestry interest is a CGT event. The original cost base was $14,000.
In the time that Cedar Trust held the forestry interest, it claimed $4,000 in deductions (its total forestry scheme deductions) for lease fees, annual management fees and the cost of felling that it paid to the forestry manager.
During an earlier period, it received $1,500 from thinning proceeds (its incidental forestry scheme receipts).
Cedar Trust will need to include $2,500 (that is, $4,000 − $1,500) at label Q, because this amount is less than the market value of its forestry interest at the time of the CGT event.
CGT notes:
- Cedar Trust will take the amount that it included at label Q into account when working out the amount to include at item 21 Capital gain – label A Net capital gain; see Guide to capital gains tax 2022.
- The capital gain would be $3,500. That is, capital proceeds of $20,000 less cost base of $16,500. The $16,500 is made up of $14,000 plus $2,500 that was included in assessable income.
Example 7: Harvest receipts: forestry interest still held
Oakey Trust is a subsequent participant in an FMIS. It will receive harvest proceeds over two income years. It received the first harvest payment of $5,000 in 2021–22.
The market value of its forestry interest was $20,000 just before it received its payment for the first harvest (which is a CGT event). After it received this first harvest payment, the market value of its forestry interest was reduced to $15,000. Its original cost base was $14,000.
During the time that it held its interest, Oakey Trust claimed $4,000 in deductions (its total forestry scheme deductions) for lease fees, annual management fees and the cost of felling that it has paid to the forestry manager. In an earlier period, it received $1,500 from thinning proceeds (its incidental forestry scheme receipts).
Step 1 The market value of the forestry interest (at the time of the CGT event) was $20,000.
The amount by which the total forestry scheme deductions exceed the incidental forestry scheme receipts is $2,500 (that is, $4,000 minus $1,500 for the net deductions).
The amount to use in step 2 is $2,500.
Step 2 Using the formula above:
$2,500 × ($5,000 ÷ $20,000) = $625
Oakey Trust disregards the $625 when determining the amount to include in step 2 for any future income year when it receives harvest proceeds or sells its forestry interest. This is because the $625 amount is already reflected in its assessable income in the current income year, 2021–22.
Step 3 As the amount calculated at step 2 is less than the amount calculated at step 1, the Oakey Trust includes $625 at label Q in its 2022 tax return.
CGT notes:
- Oakey Trust has disposed of 25% of its forestry interest. It must also calculate the amount it must include at item 21 Capital gain – label A Net capital gain.
- For 2021–22 the capital gain is $875. That is, capital proceeds of $5,000 less apportioned original cost base of $4,125. The $4,125 is made up of $3,500 (25% of $14,000) plus $625 that is included in assessable income.
11 Gross interest
Item 11 deals with the following:
- Discounted, deferred interest or capital-indexed securities
- TFN amounts withheld from gross interest.
Print at label J Gross interest the interest from banks and credit unions, building societies, debentures, notes and deposits, income accrued on discounted or deferred interest securities, government securities and interest paid by us.
The total, which is the gross amount of interest received or credited, must be included in assessable income.
If the TOFA rules apply to the trust, include all interest received or credited at label J. This includes interest from financial arrangements subject to the TOFA rules.
If the trust has received or is entitled to receive an amount described as interest from a cash management trust or other similar trust investment product include this at item 8 Partnerships and trusts.
Copy details from all statements to Worksheet 3. Keep the worksheet with your tax records.
Do not include non-share dividends received from holding a non-share equity interest. If the trust holds such an interest, the issuer is obliged to forward a dividend statement with details of the dividends, which should be recorded at item 12 Dividends.
For more information on non-share dividends and non-share equity interests, see Debt and equity tests.
Discounted, deferred interest or capital-indexed securities
Print at label J the appropriate amount of discount, interest or other gain which accrued this income year on a discounted, deferred interest or capital-indexed security.
Qualifying security rulesA discounted, deferred interest or capital-indexed security may be subject to the qualifying security rules in Division 16E of the ITAA 1936.
Those rules will only apply if the TOFA rules do not apply (see below). In addition, the security must be one that:
- was issued after 16 December 1984
- had a maturity date more than 12 months from the issue date
- the sum of all payments under the security (except periodic interest, for example, a coupon rate) exceeds its issue price by greater than 1.5%.
Example 8
On 1 July, a zero-interest-discounted security is issued at $82.65, redeemable on 30 June after two years at a face value of $100. The investor holds the security until it matures. Where this security is not subject to TOFA, the investor is required to calculate the effective rate of interest for each six-month period. In this case, it is 4.88%.
The accrued amount included in the total income each income year is equal to the increase in value of the security in that year, as follows:
Value of security at: |
Year 1 |
Year 2 |
Calculation |
---|---|---|---|
Beginning of year |
82.65 |
90.91 |
a |
Half-year |
86.68 |
95.35 |
b |
Increase |
4.03 |
4.44 |
c = b − a |
End of year |
90.91 |
100.00 |
d |
Increase |
4.23 |
4.65 |
f = d − b |
Increase for year |
8.26 |
9.09 |
c + f |
In the example, the six-monthly period falls at exactly half-year.
End of exampleTFN amounts withheld from gross interest
Print at label I TFN amounts withheld from gross interest any TFN amounts withheld from gross interest where a TFN has not been provided to the investment body.
Record keeping
Keep all documents issued by the investment body that detail payments of income and any TFN amounts withheld from those payments.
Do not attach these documents to the trust tax return; keep them with the trust’s tax records.
We may check the amount shown at label J with our own records to determine accuracy, see Data matching.
12 Dividends
If the trust is a shareholder or holder of a non-share equity interest in a company (including a LIC) or it held units in a corporate unit trust or a public trading trust, that entity will usually give the trustee a dividend (also referred to as a distribution) or non-share dividend statement. The statement is likely to include:
- the name of the entity making the distribution
- the date on which the distribution was made
- the amount of the distribution
- the amount of franking credit allocated to the distribution
- the franking percentage for the distribution
- the amount of any withholding tax deducted from the distribution
- the name of the shareholder
- if the distribution is unfranked, a statement to that effect, or
- if the distribution is franked, the franked amount and the unfranked amount of the distribution.
As a result of the 2016 amendments to repeal Division 6B and modify Division 6C, for income years starting on or after 1 July 2016, some trusts will cease to be taxed as corporate tax entities. Affected trusts will no longer be taxed similarly to companies, and distributions from those trusts will not be treated as dividends. However, some distributions may be treated as dividends until 30 June 2018. You should refer to any distribution statement from the trust.
For more information, see Application and transitional provisions for the new tax system for MITs.
Show only amounts received directly from Australian companies, corporate limited partnerships, corporate unit trusts and public trading trusts.
Copy details from all statements to Worksheet 4, and keep the worksheet with the trust’s tax records.
Show dividends that are part of a distribution from a managed investment fund or other trust or partnership at item 8 Partnerships and trusts. Show dividends received from foreign sources, including dividends from a New Zealand franking company with Australian franking credits attached, at item 23 Other assessable foreign source income.
If the trust was paid a dividend by a LIC and the dividend advice statement shows a LIC capital gain amount, the trust can claim a deduction of 50% of the LIC capital gain amount at item 16 Deductions.
Dividends on which family trust distribution or trustee beneficiary non-disclosure tax has been paid
To the extent that FTDT has been paid on a dividend paid or credited to the trust by a company that has made an interposed entity election, that amount is excluded from the assessable income of the trust under section 271-105 of Schedule 2F to the ITAA 1936. Do not show it at either:
- Label K Unfranked amount
- Label L Franked amount.
You cannot claim a deduction for any losses or outgoings incurred in deriving an amount that is excluded from assessable income under section 271-105 and you cannot claim a credit or tax offset for any franking credit attached to the non-assessable non-exempt portion of the dividend.
Accordingly, do not include any amount at label M Franking credit for a franking credit attached to the whole or part of a dividend that is excluded under section 271-105. For more information on the circumstances that FTDT is payable, see Family trust distribution tax.
If trustee beneficiary non-disclosure tax has been paid on a dividend that is included in a share of net income which the trust is presently entitled to or which has been distributed to the trust, then the dividend is not included in the assessable income of the trust.
You cannot claim a deduction for any losses or outgoings incurred in deriving these amounts that are excluded from assessable income and you cannot claim a tax offset for any franking credits attributable to the dividend.
For more information on dividends, franking credits and tax offset entitlements, see Appendix 1.
Unfranked amount
Print at label K Unfranked amount the gross amount of unfranked dividends, and the unfranked amount of partially franked dividends (if the dividend statement shows this amount separately) received before any TFN amounts were withheld.
If the TOFA rules apply to the trust, include all unfranked dividends that were paid or credited to it by Australian companies in respect of financial arrangements subject to the TOFA rules at label K.
If the trust is a holder, or an associate of a holder, of a share or non-share equity interest in a private company and it received:
- directly or indirectly payments or loans forgiven by the company
- loans or debts forgiven by a trustee, where the company has an unpaid present entitlement to income of the trust, or
- payments from a trustee which are attributable to certain unrealised gains, where the company has an unpaid present entitlement to income of that trust
then the amounts of those payments (subject to distributable surplus and in the case of a trust the unpaid present entitlement), loans not repaid or debts forgiven are returned as an unfranked dividend unless they are specifically excluded under the provisions of Division 7A of Part III of the ITAA 1936, or the amount treated as a dividend is franked.
Division 7A was amended to enable certain amounts treated as dividends to be franked, for example, a private company can frank an amount treated as a dividend that arises because of a family law obligation in certain circumstances. For the purpose of these rules, a loan has an extended meaning to also include, for example, the provision of financial accommodation and transactions that are in-substance loans.
Dividends paid under a demerger are generally not assessable dividends. Do not include a dividend paid under a demerger at label K unless the head entity of the demerger group has advised that it is an assessable dividend.
Franked amount
Print at label L Franked amount the franked amount of franked dividends received before any TFN amounts were withheld.
If you have received a franked distribution with an associated statement of distribution that does not distinguish between the franked and unfranked portions of the dividend, include the total dividend amount at label L and include any attached franking credits at label M Franking credit.
Franking credit
Print at label M Franking credit the amount of franking credits received directly from a paying company.
The beneficiaries or trustee may be entitled to a share of the franking credits shown at label M. This share will be shown at item 57 Statement of distribution. The amount of franking credits to which they will be entitled will depend on their individual share of the franked distribution received by the trustee, having regard to the deed and any relevant trustee resolutions.
Do not show:
- franking credits if the trustee did not satisfy the holding period rule and the related payments rule in relation to the dividend, or if the dividend washing integrity rule applies. For more information, see Appendix 1
- franking credits received indirectly via a partnership or other trust; include your share of franking credit from these franked distributions at item 8 Partnerships and trusts – label D Share of franking credits from franked distributions.
- franking credits attached to distributions paid by a New Zealand franking company; if the trust received franked distributions from a New Zealand franking company, see item 23 Other assessable foreign source income.
We may check the franking amount shown at label K, L and M with our own records to determine accuracy. For more information, see Data matching.
TFN amounts withheld from dividends
Print at label N TFN amounts withheld from dividends the total of TFN amounts withheld from dividends received, less any refund of TFN amounts withheld.
13 Superannuation lump sums and employment termination payments
Item 13 deals with the following:
- Superannuation death benefits paid to a trustee of a deceased estate
- Death benefit employment termination payments
- Definition of terms.
Death benefit employment termination payments (ETPs) and superannuation lump sums paid to trustees of deceased estates are reported at this item.
To complete this question, use the following that your payer would have provided:
- PAYG payment summary – superannuation lump sum
- PAYG payment summary – employment termination payment.
Superannuation death benefits paid to a trustee of a deceased estate
Print at label V Death benefit superannuation lump sum where the beneficiary is a non-dependant the taxed element and at label W Death benefit superannuation lump sum where the beneficiary is a non-dependant the untaxed element.
If you have more than one payment summary, add the taxable component elements together and print the total of the taxed elements at label V and the total of the untaxed elements at label W.
A superannuation death benefit paid to a trustee is taxed in the hands of the trustee in the same way that it would be taxed if paid directly to a beneficiary, that is, portions of the payment are subject to tax to the extent that the beneficiary is a dependant or a non-dependant of the deceased. There is no tax payable to the extent that the payment is made to a dependant or eligible non-dependant (see Definition of terms) of the deceased.
Eligible non-dependants of deceased members of the Australian Defence Force and Australian police forces (including Australian Protective Services) who have died in the line of duty are to be treated as dependants for tax purposes.
The superannuation fund should have provided you with a PAYG payment summary – superannuation lump sum which shows the components of the payment.
The tax-free component of a superannuation death benefit received by a trustee is not subject to tax, regardless of whether the beneficiary is a dependant or non-dependant.
To the extent that a non-dependant is the beneficiary of the estate, the taxable component of the payment is assessable income.
Death benefit employment termination payments
To the extent that the beneficiary of the estate is a dependant, taxable component amounts up to the ETP cap ($225,000 for 2021–22) are not subject to tax and are not shown on the return. Print at label X Death benefit employment termination payment where the beneficiary is a dependant amounts above the ETP cap as they are assessable income.
To the extent that a non-dependant is the beneficiary of the estate, the taxable component of the payment is assessable income and should be shown at Y Death benefit employment termination payment where the beneficiary is a non-dependant.
If you have more than one payment summary from the same employer, add the components that are assessable income together and show them at the appropriate label.
An ETP paid to a trustee is taxed in the hands of the trustee in the same way that it would be taxed if paid directly to a beneficiary, that is, the portions of the payment are subject to tax to the extent that the beneficiary is a dependant or a non-dependant of the deceased.
The employer should have provided you with a PAYG payment summary – employment termination payment which shows the components of the payment.
The tax-free component of an employment termination payment received by a trustee is not subject to tax, regardless of whether the beneficiary is a dependant or a non-dependant.
For more information, see Recipients of death benefit termination payments.
Definition of terms
A person is a dependant of the deceased if, at the time of death or the time the payment was made, the person was:
- the surviving spouse, including a de facto spouse
- a former spouse, including a former de facto spouse
- a child of the deceased who was under 18 years old
- a financial dependant of the deceased person just before he or she died, or
- in an interdependency relationship with the deceased.
A person who is not a dependant of the deceased may be referred to as a non-dependant.
A person is an eligible non-dependant if they are a non-dependant of a deceased member of the Australian Defence Force or of an Australian police force (including Australian Protective Services) who has died in the line of duty.
An interdependency relationship exists where there is a close personal relationship between two people who live together, and one or both provide for the financial, domestic and personal support of the other. An interdependency relationship can also exist where there is a close personal relationship, but the other conditions are not satisfied, because of the physical, intellectual or psychiatric disability of one of the people.
Your spouse includes another person (of any sex) who:
- you were in a relationship with that was registered under a prescribed state or territory law
- although not legally married to you, lived with you on a genuine domestic basis in a relationship as a couple.
Child, in relation to a person, includes:
- an adopted child, stepchild or an ex-nuptial child of the person
- a child of the person’s spouse (as defined above)
- someone who is a child of the person within the meaning of the Family Law Act 1975, for example, a child who is considered to be a child of a person under a state or territory court order giving effect to a surrogacy agreement.
14 Other Australian income
Print at label O the total amount of other Australian income.
If the amount is a loss, print L in the box at the right of the amount. The following are some examples of the amounts to be included at label O:
- Excepted net income
- Gains on the disposal of traditional securities
- Bonuses from life insurance companies and friendly societies
- Bonuses credited from friendly society income bonds
- Add backs: Listed investment company (LIC) capital gain
- Royalties
- Foreign exchange gains or losses
- TOFA amounts from financial arrangements
Excepted net income
Print at label Excepted net income and include at O the excepted net income received, excluding net capital gains that are included at item 21 Capital gains – label A Net capital gain.
Provide a statement on a separate sheet of paper:
- detailing the distribution of excepted income to each beneficiary, and
- listing each beneficiary who is considered to be an excepted person, giving supporting reasons.
Attach this statement to the tax return and print X in the Yes box at Have you attached any ‘other attachments’? at the top of page 1 of the tax return.
For an explanation of excepted income and excepted person, see Appendix 9.
Gains on the disposal of traditional securities
Print at label O any gains on the disposal or redemption of a traditional security which are assessable under section 26BB of ITAA 1936.
For more information on gains and losses on traditional securities, including traditional securities that are convertible notes or exchangeable notes, see You and your shares 2022.
Bonuses from life insurance companies and friendly societies
Life insurance policies are issued by life insurance companies and friendly societies.
If, during the year ended 30 June 2022, the trust received any bonuses or other amounts in the nature of bonuses on the maturity, forfeiture, partial or full surrender of a short-term life insurance policy taken out after 27 August 1982, you may need to show the amount at label O.
A trust is regarded as having received a bonus if it reinvests or otherwise deals with the bonus during the income year.
Do not include the amount shown on a bonus certificate if the trust:
- received it because of death, accident, illness or other disability suffered by the person on whose life the policy was effected
- received it under a policy held by the trustee of a complying superannuation fund, a complying approved deposit fund or a pooled superannuation trust
- can show that the amount was received because of serious financial difficulties
- received a bonus certificate in respect of an amount allocated to increase the amount receivable on surrender or maturity.
If the policy has a date of commencement of risk on or before 27 August 1982, any bonuses received in 2021–22 are not assessable.
If the policy has a date of commencement of risk after 7 December 1983, include any bonus in assessable income as follows:
- if received during the first eight years after the date of commencement of risk of the policy, the bonus is included in full
- if received in the ninth-year, two-thirds of the bonus amount is included
- if received in the 10th year, one-third of the bonus amount is included, and
- any amounts received after the 10th year are not included.
If, during the term of the policy, the amount of a premium increases by more than 25% over the previous year’s premium, the policy is taken to have started again with a commencement date at the beginning of the policy year in which the premium increased.
The beneficiary or trustee may, on their own tax return, claim a tax offset for a bonus or any other amount in the nature of a bonus included in the income if the organisation issuing the life policy is a:
- life insurance company that pays tax on the income from which the amount was paid, or
- friendly society.
The tax offset for 2021–22 is equal to 30 cents in each dollar.
Include the bonus or other amount in the nature of a bonus in the calculation of net income or loss of the trust and apportion it among the beneficiaries in the same ratio as they share in that net income or loss.
If the trust received assessable bonuses from a life insurance company or friendly society, show the total amount at label O. To ensure the tax offset is allowed, provide a statement showing the amounts from the life insurance company and friendly society life insurance policies and attach the statement to the tax return. Print X in the Yes box at Have you attached any ‘other attachments’? at the top of page 1 of the tax return.
Record keeping
If a bonus or other amount in the nature of a bonus is included at label O, or an amount was not included because of the circumstances under which it was received, keep a record of the following:
- type of policy
- name of the issuing organisation
- policy number
- date the policy was taken out
- bonus statement or advice
- date that each amount was received
- nature of each amount received, for example, bonus, loan or withdrawal
- circumstances under which each amount was received, for example, partial surrender of policy, serious financial difficulties, death, accident, illness or other disability
- basis of calculation of the amount included.
For more information on bonuses received from certain life insurance policies, see IT 2346 Income tax: bonuses paid on certain life assurance policies – section 26AH – interpretation and operation.
For more information on amounts switched between investment options for the same life insurance policy, see TD 94/82 Income tax: does section 26AH of the Income Tax Assessment Act 1936 apply when investment options are ‘switched’ under an eligible policy?
Bonuses credited from friendly society income bonds
Include bonuses received from friendly society income bonds at label O. The statement of distribution issued by friendly societies to income bond holders will advise the amount that should be included as income. Do not include these amounts in the calculation of the tax offset applicable to bonuses from life insurance policies.
Add backs: Listed investment company (LIC) capital gain
If the trust receives or is entitled to receive income from another trust or a distribution from a partnership which advises it has claimed a deduction for a LIC capital gain amount, the trust is required to add back as income an amount equivalent to its share of the deduction allowed to the partnership or other trust.
Royalties
For information on royalty income shown at label O, see Appendix 2.
Foreign exchange gains or losses
Print at label O assessable Australian source foreign exchange gains or deductible losses that you have not included elsewhere, such as in item 5 Business income and expenses. If the total amount at label O is a loss, print L in the box at the right of the amount.
For more information, see Foreign exchange gains and losses.
As foreign currency is a CGT asset, the capital gains tax provisions can apply to any capital gain or capital loss made on a CGT event. Any capital gain would generally be ignored or reduced to prevent double taxation if the gain was assessable under the TOFA rules or Division 775 of the ITAA 1997.
If a trust has made a foreign exchange gain or loss which is subject to CGT, show the capital gain or capital loss at item 21 Capital gains – label A Net capital gain.
TOFA amounts from financial arrangements
If the TOFA rules apply to calculate an assessable gain or deductible loss on the trust’s financial arrangements, include at this item those assessable gains relating to the financial arrangements.
TOFA amounts that have been included elsewhere should not be included here, for example amounts that have already been included at:
- item 5 Business income and expenses – label S Net income or loss from business
- item 8 Partnerships and trusts – label A Distribution from partnerships
- item 8 Partnerships and trusts – label Z Share of net income from trusts
- item 11 Gross interest – label J
- item 12 Dividends – label K Unfranked amount
- item 23 Other assessable foreign source income – label B Gross.
If the TOFA rules apply to the trust and the other Australian income shown at label O or any other income item includes an amount which is brought to account under the TOFA rules, also complete item Taxation of financial arrangements (TOFA) – item 31.
For more information, see Guide to taxation of financial arrangements (TOFA).
15 Total of items 5 to 14
Print at item 15 Total of items 5 to 14 the total of all Australian income. If this amount is a loss, print L in the box at the right of the amount.
Continue to: Deductions – items 16 to 20