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  1. Terry_w

    Discretionary distribution of property income?

    But you are not using a family trust - it seems it is a hybrid trust. Things would be very different in a family trust - maybe better. I have never set up a hybrid trust for a client. What about your land tax, what state are the properties in and what is happening with that?
  2. Terry_w

    Discretionary distribution of property income?

    This will be specified in the deed too. Probably one of 2: 1. Trustee asks unit holders to redeem 2. Unit holders as trustee to redeem. Does remeption have to occur? Maybe not, depending on the deed. How to start - usually by writing to the trustee or the unit holder making a request how...
  3. Terry_w

    Discretionary distribution of property income?

    To be able to claim the interest the deed must 'force' all of the income and the capital to the unit holders who are claiming the interest. It woulldn't be commercial for someone to invest in income producing units only to have the trustee give the income and/or capital to someone else. e.g...
  4. Terry_w

    Discretionary distribution of property income?

    You will have to read the trust deed to find out. A trustee can only do what is allowed by either legislation or the trust deed. The deed contains the rules the trustee must follow and if the trustee breaches these rules they could be committing a breach of trust. this can lead them to be...
  5. Terry_w

    Discretionary distribution of property income?

    It all depends on the wording in the trust deed. If you the unit holders have been claiming all the interest then it is likely that only the unit holders can receive distributions of the income and capital - otherwise the interest would not be claimable in full.
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