New top tax rate for trusts – what does it mean for you?

Written by
MBS Advisors
Published on
June 8, 2023

Budget 2023 contained a few surprises, but the change to the tax trust rate wasn’t one of them. Being hinted at a few times, Grant Robertson lifted the tax trust rate from 33% to 39%, bringing it into alignment with the top personal income tax rate. This change is from 1 April 2024.

The change aims to make the tax system fairer – since the top personal tax rate increased to 39% there has been a 50% increase in the amount of money going through trusts.

Which trusts will be affected?

The Government says that “only a small proportion of trusts will pay most of the additional tax.” The top 5% of trusts will wear the brunt of the change, and the lower 24% will not be affected at all. Some trusts are exempt: for instance, the 33% tax rate remains in place for deceased estates and disabled beneficiary trusts.

You can read more in the Inland Revenue’s fact sheet here.

Do you need to make changes?

Before this change comes into effect, anyone involved in a trust should review their asset allocation from a tax perspective.

There may be changes you can make to improve your arrangements and avoid paying unnecessary tax. For instance, if your trust’s beneficiaries pay tax at a lower rate, the trust can distribute its annual income to them. This allows the funds to be taxed at the beneficiary’s personal tax rate. If this isn’t possible, the trust may be able to credit income to a beneficiary’s current account, or for a sub-trust to be established for the beneficiary.

You may also want to consider the administrative costs of a trust and whether it is still worthwhile under the new tax rate. The company tax rate remains at a flat 28%, which can provide other opportunities for asset ownership.

We can help you review and restructure your trust

Structuring your affairs in the most tax-friendly way can be tricky, but we’re here to help. We can answer your questions about your trust, advise you on the implications of the new tax rate, and suggest ways to avoid paying unnecessary tax.

Give us a call, we’d love to hear from you.

Share this post
Blog

Explore our latest articles

Enjoy our latest news and blog posts

5 min read

Entertainment Expenses – What You Need to Know

With the “silly season” just around the corner it is an ideal time to remind you of the deductibility of Entertainment Expenses. There are specific rules around Entertainment Expenses, some are fully deductible, while others are only 50% deductible. Did you know that you can claim the cost of entertainment...
5 min read

I Run a Motel/Boarding House – What Can I Claim With Tax?

I run a Motel/Boarding House - what can I claim? Inland Revenue have released an exposure draft on the deductibility of expenses incurred by hotels, motels and boarding houses. The release focuses on these businesses where the proprietor lives on-site. In short, the release clarifies how to account for private...
5 min read

Claiming Expenses for Non-Breeding Bloodstock

Taxpayers that breed horses as part of their business can claim expenses for non-breeding bloodstock that may be used for racing. If, as part of your breeding business you have bred a colt that is subsequently gelded for racing, you will need to apply to Inland Revenue to claim further...

Stay updated and sign up to our newsletter

By clicking Sign Up you're confirming that you agree with our Terms and Conditions.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.