All Topics / Legal & Accounting / gifting to discretionary trust

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  • Profile photo of carl_viccarl_vic
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    @carl_vic
    Join Date: 2005
    Post Count: 73

    Hey

    From what I hear if a person gifts money to a trust he/she will from that point be treated as a settlor in that he/she can never again recieve a distribution from the trust.

    But what if there are two trusts and person X gifts money to trust A (where this capital is invested), trust A distributes income to trust B, and trust B distributes income to person X, would this work?

    Any comments would be appreciated.. Even if somebody could point me to where on the ATO website I can find legislation about this, I’m so sick of searching the ATO site…

    Cheers,
    Carl

    Profile photo of redwingredwing
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    @redwing
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    Doesnt sound right to me?

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    Profile photo of catacata
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    @cata
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    Originally posted by carl_vic:

    From what I hear if a person gifts money to a trust he/she will from that point be treated as a settlor in that he/she can never again recieve a distribution from the trust.

    I have not heard of this before, and disagree. Where did you hear this from Carl?

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    Profile photo of TerrywTerryw
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    @terryw
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    I believe that the settlor is the person that gifts the initial sum – only.

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    Profile photo of carl_viccarl_vic
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    @carl_vic
    Join Date: 2005
    Post Count: 73

    I was told by a representative of Castle Corporate, a well known company that supplies trust deeds, shelf companies etc, from Melbourne.

    The giftor will not be registered as a settlor but will supposedly be treated as one for the purpose of ‘not being able to ever be a beneficiary’.

    I would like to read the specific legislation, but I’m not sure where to find it since it’s a matter of trust law, not tax law :-/

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