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qak(Enthusiast)Enthusiast
9 May 2021

I'm confused reading the STP information provided.

If a trust or company (or partnership) makes a payment to a beneficiary/shareholder/partner, is this required to be reported via STP if it is NOT wages/salary or any other type of employee remuneration? What if the recipient is not an individual?

For example I have two client discretionary trusts:

1. One is in business, the sole employee receives some payments via payroll (and thus STP) but the balance of income is distributed to him & others by journal entry at 30 June and reported in the trust tax return as a distribution of income of the trust. The income usually remains in their beneficiary account and is not paid out. What is required to be reported via STP for this trust?

2. The other trust is an investment trust. Again, the income for the year is distributed by journal entry at 30 June and reported in the tax return as a distribution of income of the trust. The beneficiaries do receive two payments each during the year which are roughly based on the balance in the bank account but rounded to the nearest thousand dollars. Does this trust now also have a requirement to report via STP?

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4 replies
1,750 views
4 replies

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_Matthew-at-ICB(Devotee)Registered Tax Professional
9 May 2021

Payments to employees as wages are reported through STP.trust profit distributions are Not.Directors Fees are treated as wages subject to withhoding so yes.Dividends to shareholders are not.

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Most helpful reply

_Matthew-at-ICB(Devotee)Registered Tax Professional
9 May 2021

Payments to employees as wages are reported through STP.trust profit distributions are Not.Directors Fees are treated as wages subject to withhoding so yes.Dividends to shareholders are not.

_Matthew-at-ICB(Devotee)Registered Tax Professional
16 May 2021

The nearly unanswerable question is: are the amounts paid, payments subject to withholding? Directors fees are in, wages to employees are in, trust profit distributions are not in.Employee Payments subject to withholding are reported through STP.your scenarios (in my opinion)#1 is grey - reward for service of someone who is an employee, being paid as trust distributions - hmmmm#2 Trust distributions are not

HayleyMills(Initiate)Initiate
2 June 2021

Hi, did you find any clear answers for this? I have some similar questions and have exhausted the ATOs resources as well as employsure and Firework.

_Matthew-at-ICB(Devotee)Registered Tax Professional
2 June 2021

Distribution of income by a trust remains outside of STP reporting. it is not a payment subject to PAYGW withholding and is not required.The other areas of when and how you are making the resolution about the distribution of profits - might want to check the current requirements - but that would be tax advice which i'm not providing.

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