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Appendix 12: Trust assessment codes

Use Appendix 12 to access the trust assessment codes.

Last updated 1 July 2024

Table 12.1: Inter-vivos trusts, including discretionary trusts and testamentary trusts – Part 1

The beneficiary is presently entitled to a share of the income of the trust and is:

Resident beneficiary assessment code

Non-resident beneficiary assessment code

over 18 years of age and under a legal disability or an excepted person

25 (see Note 1)

125 (see Note 1)

a prescribed person receiving excepted income only

26 (see Note 1)

126 (see Note 1)

a prescribed person receiving eligible income only

27 (see Note 1)

127 (see Note 1)

a prescribed person receiving excepted and eligible income only

28 (see Note 1)

128 (see Note 1)

a prescribed person receiving eligible income (or eligible and excepted income) from more than one trust

29 (see Note 1)

129 (see Note 1)

not under any legal disability
note a minor is not under a legal disability where the trustee has deposited an amount in an FMD in the beneficiary's name out of the eligible trust distribution

30

138 (see Note 1)

a company (that is a base rate entity)

34

134 (see Note 1 and Note 4)

a company (that is not a base rate entity)

34

139 (see Note 1)

a trustee

35

140 (see Note 2)

the principal beneficiary of a special disability trust

45 (see Note 1)

145 (see Note 1)

Table 12.2: Inter-vivos trusts, including discretionary trusts, and testamentary trust – Part 2

No beneficiary is presently entitled to a share of the income of the trust and is:

Resident beneficiary assessment code

Non-resident beneficiary assessment code

a resident or non-resident trust where no beneficiary is presently entitled to income

36 (see Note 1 and Note 3)

-

a bankrupt estate

37 (see Note 1)

-

a resident or non-resident trust where no beneficiary is presently entitled to income and to which discretion under subsection 99A(2) of the ITAA 1936 has been received

37 (see Note 1 and Note 3)

-

Table 12.3: Deceased estate – Part 1

The beneficiary is presently entitled to a share of the income of the trust and is:

Resident beneficiary assessment codes

Non-resident beneficiary assessment codes

under a legal disability

11 (see Note 1)

111 (see Note 1)

not under a legal disability

12

118 (see Note 1)

a company (that is not a base rate entity)

13

119 (see Note 1)

a company (that is a base rate entity)

13

134 (see Note 1 and Note 4)

a trustee

14

120 (see Note 2)

Table 12.4: Deceased estate – Part 2

No beneficiary is presently entitled to a share of the income of the trust and:

Resident beneficiary assessment codes

Non-resident beneficiary assessment codes

the deceased person died less than 3 years before the end of the income year

15 (see Note 1 and Note 3)

-

the deceased person died more than 3 years before the end of the income year

16 (see Note 1 and Note 3)

-

it is a non-resident trust

17 (see Note 1)

-

Note 1: Tax assessable to the trustee.

Note 2: Codes 120 and 140 apply if the beneficiary of the trust is a non-resident trustee.

Note 3: Use these codes, as appropriate, where the resident trustee is making a choice to be assessed to a capital gain or gains on behalf of a beneficiary or beneficiaries at item 59 Choice for resident trustee to be assessed to capital gains on behalf of beneficiaries.

Note 4: A lower company tax rate may apply in respect of beneficiary companies that are a base rate entity. For more information, see Changes to company tax rates.

If you have used codes 35 or 140 (inter-vivos trusts) or 14 or 120 (deceased estates) you may be required to complete a TB statement, see Appendix 11.

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