Hi there. I live in Queensland. My daughter is only 11 years old but when she was born her great grand father had left her 5% of his estate to be held in trust until she turns 18. The executor has been ínvesting' the money but I believe she is doing the wrong thing for many reasons.
Firstly - the investment is not in a trust but in an investment under the executors name. (Which by the way will be frozen in the event of her death until my daughter turns 18 when it will be vested to her, which means no-one else can invest or manage the trust if this women was to die).
Secondly - it is my understanding that under Australian Tax Office Law if a minor inherits money by way of a deceased estate she is no longer taxed as a minor but at the ordinary marginal rates which means the investment could earn up to $18,500 before she would need to pay tax. However, the fund is locked into a 10 year investment bond - this is a tax paid bond that is paying 30% in tax on behalf of the policy holder. Meaning that the growth is being diminished by 30% every year.
Thirdly - It is my understanding that an executor is required to lodge tax returns on behalf of the trust each year but she has not been doing this. And that she should be keeping the beneficiaries informed but we have not received a statement or tax return or any other communication for our daughters investment since 2007. It was only because I started to do some poking around with the ATO (getting my daughter to call up using her Tax File Number to ask for her end of year tax statements that we learnt about any of this).
Finally - is it true that when you begin investing someone else's trust fund that you should seek advice on setting up a trust, an accountant for tax advice and financial advice. And if she hasn't and we can prove that it has been mismanaged that the executor can be held liable for any tax losses, interest losses and investment losses?
Firstly - the investment is not in a trust but in an investment under the executors name. (Which by the way will be frozen in the event of her death until my daughter turns 18 when it will be vested to her, which means no-one else can invest or manage the trust if this women was to die).
Secondly - it is my understanding that under Australian Tax Office Law if a minor inherits money by way of a deceased estate she is no longer taxed as a minor but at the ordinary marginal rates which means the investment could earn up to $18,500 before she would need to pay tax. However, the fund is locked into a 10 year investment bond - this is a tax paid bond that is paying 30% in tax on behalf of the policy holder. Meaning that the growth is being diminished by 30% every year.
Thirdly - It is my understanding that an executor is required to lodge tax returns on behalf of the trust each year but she has not been doing this. And that she should be keeping the beneficiaries informed but we have not received a statement or tax return or any other communication for our daughters investment since 2007. It was only because I started to do some poking around with the ATO (getting my daughter to call up using her Tax File Number to ask for her end of year tax statements that we learnt about any of this).
Finally - is it true that when you begin investing someone else's trust fund that you should seek advice on setting up a trust, an accountant for tax advice and financial advice. And if she hasn't and we can prove that it has been mismanaged that the executor can be held liable for any tax losses, interest losses and investment losses?