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starfish_987(Initiate)Initiate
16 Oct 2024

Hi,


Scenario is for a deceased estate where the executor is foreign (and therefore the estate is deemed a foreign trust).


There is mention in the guidance of trust corpus and I am wanting to understand what this means in the context of a deceased estate.


Is corpus of the trust the value of the deceased's assets as at the date of death? I.e if there is a property, and it was valued at, say $500k on the date of death, but subsequently is sold for $600k, is the corpus the $500k?


Same for bank accounts - if the value of the cash in bank as at date of death was $10k, and was subsequently interest accrued to make the total $12k, is the corpus amount $10k and non-corpus accumulated amount of $2k?


https://www.ato.gov.au/businesses-and-organisations/trusts/in-detail/distributions/receiving-payments-or-assets-from-foreign-trusts

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Deb_ATO(Community Support)Community Support
22 Oct 2024

Hi @starfish_987


I can see what you mean. Trusts can get tricky. You're wanting to define the corpus, so you know if section 99B doesn't apply.

In this case. It'll be best to get in touch with Tailored technical assistance team.

They can take all the info you've given here and then be able to provide you the accurate info you need.

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Most helpful reply

Deb_ATO(Community Support)Community Support
22 Oct 2024

Hi @starfish_987


I can see what you mean. Trusts can get tricky. You're wanting to define the corpus, so you know if section 99B doesn't apply.

In this case. It'll be best to get in touch with Tailored technical assistance team.

They can take all the info you've given here and then be able to provide you the accurate info you need.

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Foreign Deceased Estate - What is corpus of the trust | ATO Community