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Courses/Law/Tax Law

When Can a Trust Use Its Losses? A Practical Guide for 2026

Master the complex rules of trust loss utilization to maximize available deductions, protect client wealth, and stay ahead of impending 2026 tax law changes.

Created byStephen Lau
4.5
(2 reviews)
BeginnerUpdated Apr 27, 2026
When Can a Trust Use Its Losses? A Practical Guide for 2026

What You'll Learn

check_circleUnderstand when trust tax losses and capital losses can be carried forward
check_circleIdentify which trust loss tests apply and how they operate in practice
check_circleAssess the impact of family trust elections on loss utilisation
check_circleApply the income injection and pattern of distributions tests with confidence
check_circleUse ATO guidance to assess fixed trust status
check_circleRecognise the consequences of failing trust loss tests

About This Course

Trust losses can be valuable—but only if they survive the integrity rules. While a trust may carry forward tax losses to offset future income, the ability to actually use those losses depends on satisfying a complex set of tests under Schedule 2F of the ITAA 1936. These rules are frequently misunderstood, poorly documented, and increasingly scrutinised by the ATO.

This practical webinar unpacks when and how trusts can claim carried-forward revenue and capital losses. It examines the impact of family trust elections, the income injection test, the pattern of distributions test, and the ATO’s approach to fixed trusts. Drawing on ATO guidance, determinations, and real-world scenarios, the session helps advisers identify risks early, avoid common traps, and confidently support loss claims.

Designed for accountants, tax advisers, and lawyers advising trusts, this session focuses on practical application rather than theory.

Your Instructor

Stephen Lau
Stephen Lau

Principal Lawyer, Team Leader - Tax & Superannuation | Coleman Greig Lawyers

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star71 reviews

Stephen Lau is a Principal Lawyer and Team Leader in Coleman Greig’s Tax and Superannuation team. Stephen specialises in superannuation and tax advisory, tax planning and tax audit/dispute resolution covering all areas of tax, including income tax, indirect tax, fringe benefit tax, and stamp duty. Stephen has a unique and extensive tax background, which covers both in-house tax advisory, professional services at a Big Four chartered accounting firm and the Australian Taxation Office. Leveraging off his tax administration and commercial experience, Stephen takes pride in providing simple, practical tax advice and commercial solutions to a broad range of clients, including high net worth individuals, private groups, ASX listed entities, and large multinationals. He draws upon his unique and broad background and experience, described above, to provide creative, practical, and timely solutions for his clients.

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What Students Are Saying

4.5
Student's Choice
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Frequently Asked Questions

We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.