Concessionary tax income of minors

Testamentary trusts enable trust income to be distributed to minors ( under 18 years of age) who are within the exceptions of Division 6AA ITAA 36 at ordinary adult tax rates (including the tax-free threshold).  This is in stark contrast to the penalty rates of tax which apply in respect of distributions to minors from the usual inter vivos family discretionary trusts.

Section 102AG of ITAA 36 creates a class of income derived by minors, known as "excepted trust income", and allows such income received by an infant beneficiary to be taxed at normal adult rates with the benefit of the initial tax free threshold and thereafter the enjoyment of the stepped tax rates applicable to adults for each minor beneficiary.

Excepted assessable income, amongst other things, includes income derived by a minor from property of a deceased estate or which is transferred to a minor from a deceased estate and includes income from a deceased estate.

A properly drafted testamentary trust Will allows for tax effective estate income to be distributed over many years within a family.  Significant tax savings can result for a family unit through utilising the initial tax-free threshold and the stepped tax rates applicable to distributions in excess of the threshold for the beneficiaries of a testamentary trust.  Also the 50% CGT discount is applicable to the assets held by a testamentary trust along with income streaming via the flexible distribution discretion vested in the trustee in respect of other classes of income, such as capital gains etc.

The only requirement for children under 18 to be eligible for concessionally taxed income under a testamentary trust and to thereby be assessed in the same manner as adult beneficiaries is that the income is "assessable income of a trust estate that resulted from a Will".