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Family Trust Abroad

Analyse trustee residency requirements, non-resident beneficiary withholding (47%), optimal distribution strategies, and trust income sourcing rules.

Trust Details

Beneficiaries

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⚠️ 47% WHT on Non-Residents: Trust distributions to non-resident beneficiaries (other than from certain categories) are subject to 47% withholding. This is not the same as dividend withholding — it's trust-specific.

Distribution Analysis

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Trust Deed Review & Strategy

Includes trustee residency risk assessment, streaming provisions, and ATO trust tax analysis.

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Key Trust Rules for Non-Residents

SituationTax TreatmentRate
Trust distributions to non-resident beneficiaryWHT applies on AU-sourced income47%
Non-resident trustee (trust is non-resident)All income taxed at non-resident rates32.5–45%
Franked dividends distributed to non-residentFranking credit not refundable0% unfranked portion (if franked)
Capital gains distributed to non-residentNon-resident CGT rates (no 50% discount)32.5–45% on full gain
Foreign income of AU trust to non-residentNot AU-sourced — no AU WHT0% (taxed in host country)
Trust loss carry-forwardTrust losses stay in trust (no pass-through)N/A