The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia. Disposal of the Assets of a Private Trust or Private Company On or After 01/01/2002

Date of effect

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

Disposal of the assets of an entity by an attributable stakeholder on or after 1/1/2002

If an attributable stakeholder disposes of the assets (1.1.A.290) of a private trust or private company ON or AFTER 1 January 2002, and he or she does not receive adequate financial consideration (1.1.A.55) for those assets, the deprivation rules are to apply, subject to the attribution percentage of the attributable stakeholder.

Example: Denise and Barbara are attributable stakeholders of a private company. Denise is attributed with 70% and Barbara with 30% of the assets and income of the company. The company's assets are valued at $500,000. Denise and Barbara decide to sell an asset of the company to Denise's daughter. The asset is valued at $100,000, but they sell it for $25,000. Denise and Barbara are subject to deprivation for the difference between the market value and the sale value of the asset ($75,000). Their individual deprivation amounts are subject to their attribution percentages. Denise's deprivation amount is $42,500 ($75,000 × 70% LESS $10,000 (free area)). Barbara's deprivation amount is $12,500 ($75,000 × 30% LESS $10,000 (free area)).

Act reference: SSAct section 1207X Attributable stakeholder, asset attribution percentage and income attribution percentage, section 1208L Disposal of asset by company or trust

Policy reference: SS Guide 4.1.1 General Provisions of Deprivation, Transfers of the Capital of a Private Trust or Private Company

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