Trust Distribution Resolution or Minutes a 'resolution of the Trustee' or ‘minutes of meeting’ made by the Trustee(s) in accordance with the Trust Deed to determine the allocation of the Trust’s net income to its Beneficiaries for the relevant financial year. A resolution is used when the trust has either a single Individual Trustee or a Corporate Trustee with a Sole Director, while minutes are used when there a multiple Individual Trustees or a Corporate Trustee with multiple Directors.
These distribution resolution or minutes are required by the ATO to be completed & signed by June 30 of that financial year (or earlier if required by the Trust Deed).
Locating the document
- Menu > Trust Register > Trusts > Trust Profile > Distributions > Trust Distribution Resolution or Minutes
- Menu > Documents > Create Document > Trusts > Trust Distribution Resolution or Minutes
When accessed from the Trust Profile, the interview form will be pre-filled with the relevant data that has currently been added or imported into the Trust Profile of the Trust. You will need to complete any data that has not been pre-filled. These data fields will be highlighted in pink. You cannot submit the interview form until all relevant data fields have been completed.
Tip: To find the relevant clauses in relation to the ‘Determination of income’ and/or the ‘Power to distribute income and classes of income, you will need to refer to the most current Trust Deed of the Trust.
If these clauses are not disclosed, the Trust Distribution Resolution or Minutes will insert the default wording. In relation to the ‘Determination of income under the Trust Deed,’ the default wording is ‘in accordance with the Trust Deed’. The default wording is ‘Pursuant to the powers under the Trust Deed’ in relation to ‘Power to distribute income and classes of income’.
Distribution of income:
There are seven distribution types available to be selected:
- Distribution of Franked Dividends
- Distribution of Capital Gains
- Distribution of Discounted Capital Gains
- Under 18 (No Disability/No Testamentary or Will) Distribution
- Under 18 (Disability/Testamentary or Will) Distribution
- Balance of Trust Income – this option is automatically added when one of the above-mentioned options is chosen and can be removed if required.
- Custom Distribution – gives you the option to enter free text
After submitting the details, the relevant documentation will appear on the ‘collaboration page’ i.e.:
- Trustee Distribution.
- Legal Scope Statement.
Tip: Refer to Trust Burning Tab for information on the Trust Distribution Resolution or Minutes document deadlines.