Receiving payments or assets from foreign trusts

Foreign Trust Payments: Potential Tax Liabilities for Beneficiaries

Understanding When Foreign Trust Distributions Must Be Included in Assessable Income

Additional tax liabilities may arise when money or assets of a foreign trust are paid to a taxpayer or applied for their benefit, and they are a beneficiary of the foreign trust.  These can include: 

  • loans to them by the trustee directly or indirectly through another entity; 
  • amounts paid by the trustee to a third party on their behalf; 
  • amounts that are described as gifts from family members, but are sourced from the trust; and 
  • distributions paid to them or trust assets (such as shares) transferred to them by the trustee. 

Taxpayers who receive money from a foreign trust  may need to ask further questions to determine whether the amount must be included in their assessable income, including:  

  • whether they are a beneficiary of the foreign trust; 
  • where the foreign trust obtained the money; and 
  • why the money was paid to them, e.g., is it a payment for services, a gift, a distribution or a loan.

Related reading

Family trust elections and interposed entity elections