Dissolution of Private Trust - Taxability of Funds

751 views 1 replies

I have a question regarding Private Trusts and the best way to explain it is with, perhaps, an example:

1)        I (the Settlor) start a Private, Revocable, Trust for the education expenses of my grandchildren and transfer some of my Funds into the Trust.

2)        The Trustees are myself, my spouse, and my son.

3)        The beneficiaries are my 2 grandchildren.

4)        The education expenses are to be met from the Interest / dividend income of the Trust Funds, keeping the capital intact. 

My Question is, once the purpose of the Trust is over, i.e. education of the grandchildren is complete, and it is decided to dissolve the Trust, what will be the Tax treatment in the following cases, IF:

a)         The Trust Funds go back to the Settlor, (if alive)

b)         The Trust Funds go to the Trustee (son)

c)        The Trust Funds go to the beneficiaries (grandchildren)  

Thank you for your guidance.

 

Replies (1)

I'll address the tax treatment for each scenario:

Scenario a) Trust Funds go back to the Settlor 1. *Tax Implications*: Since the trust is revocable, the income of the trust is taxed in the hands of the settlor (you) as per Section 161 of the Income-tax Act, 1961.

 2. *Capital Gains Tax*: If the trust funds are returned to you, there will be no capital gains tax implications, as the assets are being returned to the original owner.

3. *No Tax Liability*: In this scenario, there should be no additional tax liability, as the income was already taxed in your hands.

Scenario b) Trust Funds go to the Trustee (son) 1. *Tax Implications*: The trust funds will be taxed in the hands of the trustee (your son) as income from other sources under Section 56 of the Income-tax Act, 1961.

2. *Capital Gains Tax*: Your son will be liable to pay capital gains tax on the transfer of assets, as he is not the original owner.

 3. *Tax Liability*: Your son will have to report the trust funds as income and pay taxes accordingly.

Scenario c) Trust Funds go to the beneficiaries (grandchildren)

1. *Tax Implications*: The trust funds will be taxed in the hands of the beneficiaries (your grandchildren) as income from other sources under Section 56 of the Income-tax Act, 1961.

2. *Capital Gains Tax*: The beneficiaries will be liable to pay capital gains tax on the transfer of assets, as they are not the original owner.

3. *Tax Liability*: The beneficiaries will have to report the trust funds as income and pay taxes accordingly. Please note that the tax implications may vary depending on the specific circumstances and the tax


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 27 May 2026
Lead Conversion Executive / Sales Closing Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
ARTICLESHIP 04 June 2026
Article

Rakhecha & Co.

New Delhi

CA Inter

View Details
Company
19 June 2026
Accounts Executive

Getfive Advisors Pvt. Ltd.

Ahmedabad

CA Inter

View Details
Company
27 May 2026
Audit Assitant

Virender K Gupta and Co

New Delhi

B.Com

View Details
Company
ARTICLESHIP 20 June 2026
Articleship

RB KESHRI & CO

Mumbai

B.Com

View Details
Company
12 June 2026
Accounts & Taxation Executive

Winshine Financial Services

Mumbai

CA Inter

View Details
Company
09 June 2026
Accounts Associate

S Madan and CO

New Delhi

Graduate (Any)

View Details
Company
29 May 2026
Company Secretary - Part time

Shaswat initial support private limited

Ahmedabad

CS

View Details