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Victorian Land Tax on Trusts No surcharge is payable on land owned at 31 December 2005, however, surcharge is payable on land acquired after 31 December 2005. Land is owned by fixed trust and trustee notifies SRO of all beneficiaries and their interests. No surcharge is payable.
Revenue NSW issued land tax assessments on the basis that the discretionary trust is to pay land tax with the taxable value being the discretionary trust's share of the unit trust property's taxable value of the land without any land tax threshold being available.
Trust beneficiaries must pay taxes on income and other distributions that they receive from the trust. Trust beneficiaries don't have to pay taxes on returned principal from the trust's assets. IRS forms K-1 and 1041 are required for filing tax returns that receive trust disbursements.
With bare trusts, the general rule is that the beneficiaries of the trust are considered to be owners of the property for SDLT purposes. Therefore, responsibility of submitting an SDLT Return and paying any SDLT due ultimately falls to the beneficiary and not the trustees.
You must register your trust with HMRC: to make sure you and the trust comply with anti-money laundering regulations. if you need to get a Unique Taxpayer Reference ( UTR ) \u2014 for example, for filling in a Self Assessment tax return for the trust, even if the trust is on the exemption list.
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If your home is the only property you own you will not pay land tax because your home (principal place or residence) is exempt. You pay land tax if the total taxable value of all the Victorian land you own, individually or jointly, as at 31 December, is equal to or exceeds $300,000 ($25,000 for trusts).
Typically, the trust itself or its beneficiaries pay tax on taxable income. Income kept in the trust is paid on a trust tax return using Form 1041. Income distributed to beneficiaries is reported to the beneficiaries by the trust using Form K-1.
1. Crown land. Land is exempt if it is owned by the Crown in the state of Victoria or vested in a Minister of the Crown. However, where land is leased from the Crown, the lessee is the deemed owner and thus liable for land tax.
Anyone can use a trust to reduce their inheritance tax liability on their estate, enabling them to pass on more wealth to their beneficiaries. While trusts are one of several tax-efficient ways to reduce the value of an estate, they are also the most complex inheritance tax planning method.
With your property in trust, you typically continue to live in your home and pay the trustees a nominal rent, until your transfer to residential care when that time comes. Placing the property in trust may also be a way of helping your surviving beneficiaries avoid inheritance tax liabilities.

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