The fiduciary assets are held in the name of an agent who is responsible for the prudent management of the trust in order to make the most of it for the beneficiaries or, as is legitimately managed by the beneficiary or creator of the trust. However, the agent has no say in the distribution of the trust`s capital or income. Although trustees can pay income tax on behalf of a beneficiary, it is still the beneficiary who is responsible for the tax. A simple trust is a trust in which the beneficiary is entitled to income and capital and may require that both be transferred in his own name. The assets of a naked trust are held in the name of an agent, but the beneficiary is entitled to the full principal and the total interest rate of the trust at any time if he is 18 years of age or older (in England and Wales) or 16 or more (in Scotland). Trusts are often used to transfer assets to young people – trustees take care of them until the beneficiary is old enough.  This definition was approved by Gummow J in Re Helen Kaye Herdegen and Kenneth John Herdegen v. The Tax Commissioner  FCA 419 at paragraph 37. It was said later by Gummow J that the “… generally used with respect to trusts created by express declaration. In a position of trust, the person whose business activities relate to inputs is allowed to use ITCs.
As noted above, the Trust is not allowed to use ITCs in a simple position of trust. is a term that is most often applied to it as a trust, the person who enjoys the trust, but not legal, who remains in the agent or personal representative. (Black`s Law Dictionary) means someone who exposes thinking to create trust, although form creates the trust of another. (Black`s Law Dictionary) On the other hand, where a person acts in the context of the obligation to manage and/or transfer the trust and has an independent or discretionary power or responsibility, such a person is considered to be the agent of the trust and not as agent of the beneficiary. The sole agent should register as an agent or agent if the agent`s income from his business activities (and those of related persons) and not the activities of the trust exceeds the threshold for small suppliers. For example, the agent may collect a fee or fee for the operation of the fiduciary property as an agent for the beneficiaries. Therefore, when setting up a trust, one may wonder who, between the agent and the economic beneficiary, engages in commercial activity with respect to the property (provided the property is not used for tax-exempt activities). The person making the deliveries in connection with the property, if any, is the person considered to be engaged in commercial activity. refers to a property holder with confidence for the benefit of another person (the beneficiary). (Black`s Law Dictionary) The existence of a trust is generally established in a trust document that contains the administrator`s instructions to fulfill the terms of the trust and defines the obligations and responsibilities of the agent. As noted above, there may be circumstances in which the agent acts in more than one z.B. function as an agent for certain activities and agent for other activities.
In such cases, the declaration must be made on the basis of the role of agent or trustee, if any. One case dealing with the limited powers of a simple agent to process assets is Caterpillar Financial Australia Ltd/Ovens Nominees Pty Ltd  FCA 677, which reviewed the Obligations, Powers and Rights of a Single Agent in Liquidation.  This case is an important reminder of some of the difficulties that can arise when an insolvent company owns the property as a trustee.