My two adult children are the fixed beneficiaries of a Trust. Two months ago I lodged the Trust's FY24 tax return. This was when a CGT event occurred. That return reported the capital losses and expenses that had been accrued over the past 22 years. The net capital again that resulted was distributed to the two beneficiaries. Last week, with the ATO's assistance. I lodged the trust's final tax return (FY25) and completed all other reporting requirements. The ATO gave me instructions on how to close the Trust aand provide the beneficiaries with their distributions. My children have asked for proof that the Trust has been dissolved and the distributions are correct. How do I do that?
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Hi @Fergus007,
There's no formal certificate or document we issue to show a trust has been dissolved. The evidence your children need comes from the trust's own records and the final tax return you lodged.
You can provide your children with copies of the following documents to demonstrate the trust has been dissolved and their distributions are correct:
- the trust's final tax return (FY25) showing it was marked as final
- the FY24 trust tax return and statement of distribution showing the capital gain and how it was distributed to them
- the trust deed and any trustee resolutions made on or before 30 June 2024 that document their entitlement to the distributed amounts
- any other trust records that show the trust assets have been fully distributed and the trust wound up according to the trust deed.
The statement of distribution from the trust tax return is the key document that shows each beneficiary's entitlement to trust income. We recommend trustees provide beneficiaries with a copy of the trust statement of distribution so they can correctly complete their own tax returns. This statement will show the amounts your children need to include in their individual tax returns, including their share of the net capital gain.
Your children will need to declare their share of the trust's net capital gain in their individual tax returns for the relevant income year. The trust statement of distribution will provide them with the info required to complete the trust income schedule in their tax returns.
You can find detailed info about trust distributions and beneficiary reporting requirements on our website.
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