If your trust’s expenses are greater than its income it will generally have a loss for tax purposes. This is the trustee’s loss, and they can use it to reduce their taxable income in the next year. The loss can only be passed to beneficiaries if they have a vested interest in the trust property that made the loss.
Bright-line test for residential property
If a trust bought or acquired a residential property between 1 October 2015 and 28 March 2018 and then sold or transferred it within 2 years, any loss can only be offset against trustee net income from other residential property sales. The same applies for any residential property bought or acquired from 1 April 2018 onwards and then sold or transferred within 5 years.
You must keep a record of any excess deductions in case there is a taxable property sale in the future.
How to claim tax losses
The trustee should disclose the loss and the amount claimed when they file an IR6 return the year after the loss was made. We will then tell the trustees how much of the loss they can carry forward. This is then entered in the IR6 return the next year, unless the trust has:
- had an audit or made a voluntary disclosure which changed the amount of loss available, or
- used part or all of its loss to pay tax debts or shortfall penalties.
Losses can be carried forward by trusts from tax year to tax year until the loss is fully used or the trust is wound up.