Trustee Income Tax Rate Increased to 39%
The trustee income tax rate increased from 33% to 39% from 1 April 2024, aligning it with the top personal income tax rate.
What changed and what to do
What changed
Trustee income (income retained in a trust and not distributed to beneficiaries) is now taxed at 39%, up from 33%. This change aligns the trustee rate with the top marginal rate for individuals (39% on income above NZD 180,000), closing the planning opportunity that previously made income retention in family trusts attractive for high-income earners. Beneficiary income retains its existing treatment β distributed to beneficiaries and taxed at their personal rates.
Who it affects
- Trustees of family trusts
- High-income earners using trusts for income splitting
- Trust beneficiaries with tax advisors reviewing distributions
- Accountants managing discretionary family trusts
What to do
Review your trust's income distribution policy with your advisor. If retaining income in the trust previously offered a tax advantage, model the after-tax position under the new 39% rate versus distributing to beneficiaries. Consider whether annual resolutions for discretionary distributions remain optimal or whether the trust structure needs reviewing.