4.12.6.20 Gifts to a Private Trust or Private Company

Date of effect

This topic has effect to controlled private trusts and controlled private companies from 1 January 2002.

Summary

This topic contains information on gifts to a private trust or private company from:

  • a sole attributable stakeholder,
  • multiple attributable stakeholders, and
  • a third party.

Gifts to a private trust or private company from a sole attributable stakeholder

If a SOLE attributable stakeholder, or members of a couple who are the ONLY attributable stakeholders, make a capital injection into a structure in the form of a gift, that gift will NOT be subject to the disposal provisions but must be included in the value of the structure.

Explanation: A sole attributable stakeholder, or members of a couple who are the only attributable stakeholders, cannot gift to themselves.

Act reference: SSAct section 1123 Disposal of assets

Gifts to a private trust or private company from multiple attributable stakeholders

If there are MULTIPLE attributable stakeholders and one of those stakeholders makes a capital injection to a structure in the form of a gift, the gift will be included in the value of the structure and attributed to the attributable stakeholders in their proportion of attribution. The attributable stakeholder who made the gift will be subject to the deprivation provisions (section 1123) of the SSAct, in regard to the amount of the gift attributed to the other (attributable) stakeholders.

Example: John and Jim are the attributable stakeholders of a private company, with an attribution percentage of 50% each. John gifts $30,000 to the company. Fifty per cent ($15,000) of the gift is subject to the disposal rules that results in an amount of $5,000 held against John as a deprived asset for 5 years from the date of the gift.

Act reference: SSAct section 1123 Disposal of assets

Gifts to a private trust or private company from a third party

If the gift is from a THIRD PARTY (i.e. a person who is not an attributable stakeholder of the trust or company), the amount of the gift will be added to the value of the entity. The third party making the gift would be subject to the deprivation provisions, if that third party is or becomes an income support recipient.

Act reference: SSAct section 1123 Disposal of assets

Policy reference: SS Guide 4.1 Deprivation of Income & Assets

Last reviewed: 9 November 2015