4.12.3.70 Excluded Trusts

Date of effect

This topic has effect from 1 January 2002.

In this topic

This topic contains information on the following:

  • classes of trusts that are excluded trusts,
  • community trusts,
  • court-ordered (statutory) trusts, and
  • classes of trusts that do NOT count as an excluded trust.

Excluded trusts

Specified classes of trusts that are excluded from the attribution process in the SSAct Part 3.18 are:

  • community trusts,
  • some court ordered (statutory) trusts, and
  • Indigenous trusts.

Act reference: SSAct section 1207P(4) Excluded trusts

Community trusts

A community trust is a trust that has the sole or dominant purpose of receiving, managing and distributing:

  • money paid directly to it, or to it through an interposed entity, by a government body for a community purpose, or
  • income earned from the use of Indigenous-held land.

Court-ordered (statutory) trusts

A court-ordered trust that is an excluded trust under SSAct Part 3.18 is a trust created by an order of a court that:

  • relates to a personal injury matter, and
  • provides for the proceeds of the judgement of the court, or of a settlement between parties, to be held in trust for the benefit of the person in whose favour the judgement or settlement was made.

Example: A statutory trust set up by the court to administer a compensation settlement for a person unable to manage their own affairs.

Note: See 4.12.3.80 for information on the treatment of the income and assets from court-ordered trusts.

Indigenous trusts

An Indigenous trust is a trust that has the sole or dominant purpose of receiving, managing and distributing:

  • Indigenous land held for a community purpose,
  • income earned from the use of such land, or
  • a service to the community funded directly or indirectly by a government body.

Example: Grants under the Aboriginal and Torres Strait Islander Commission Act 1989.

Classes of trusts that are NOT excluded

Trusts that are NOT excluded from the rules relating to private trusts are:

  • a testamentary trust created as a result of a grant of probate, or
  • a trust created or declared by order of the Family Court, or
  • a trust created or declared by a court, tribunal or arbitrator as a result of a property settlement, or
  • a trust created as a result of a property settlement, without a court order.

If the trust is not one that is specifically excluded under SSAct Part 3.18 then the rules in relation to attribution are to apply.

Act reference: SSAct section 1207P Designated private trusts

Policy reference: SS Guide 4.12.3.80 Assessable Income & Assets from Court-Ordered (Statutory) Trusts, 4.12.3.30 Testamentary Trusts

Last reviewed: 1 July 2015