Check a trustee resolution is in time to create present entitlement
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the trust deed date and the resolution the lawyer supplies, record the date the resolution was made, the deed's deadline if it is earlier than the end of the income year, and whether a written record of any specific entitlement to a franked dividend or a capital gain is dated by the date the page states. Do not decide that a beneficiary is presently entitled, and do not apply the reimbursement-agreement rule.
- What the lawyer must review
- The lawyer decides whether the resolution was made by the end of the income year or by any earlier deed deadline, whether the entitlement is vested and cannot be taken away, and who is assessed if it was not. This task does not decide section 100A.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- The income resolution is made by 30 June, or by the earlier date the deed requires. A capital-gain appointment of trust capital is within 2 months, which the page states as 31 August.
- A specific entitlement to a franked dividend is recorded in writing by 30 June, and a specific entitlement to a capital gain by 31 August.
- The entitlement must be vested by 30 June and must not be capable of being taken away. Do not treat a resolution that arises only on a later adjustment as vested unless the lawyer decides that it is.
Sources
- Australian Taxation Office, Trustee resolutions · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.