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.

4.12.7.60 Assessment of Other Income from a Private Trust or Private Company

Date of effect

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

In this topic

This topic contains the following information:

  • the basis of assessment of income, and
  • a summary of assessable income.

Basis of assessment of income

The assessment of income, apart from attributable income and distributions, received by an income support recipient from a private trust or a private company, is based on the types and current rate of income.

Summary of assessable income

The following table summarises the assessable income (other than attributable income and distributions) for an income support recipient involved in a private trust or a private company.

Type of Income Treatment Policy reference
Wages, salaries, stipends, honoraria and directors fees. Assess the current rate received. Discontinue the assessment if salary or wages cease. 4.3.1 Income rates & definitions
Royalties. Assess as ordinary income. 4.3.9.50 Income from gifts, legacies, royalties & native title claims
Fees, commissions. Assess as ordinary income. 4.3.3.20 Income from employment or independent contracting
Salary packaging and fringe benefits.

Assess as income. The non- grossed up amount of fringe benefits is assessed.

Exception: The superannuation guarantee levy paid for an employee by a private trust or a private company is not assessed as income.

4.3.3.60 Deferred income, salary sacrifice, valuable consideration & fringe benefits
Rent paid to the income support recipient. Assess as rental income. 4.3.8.30 Income from real estate

Act reference: SSAct section 1073 Certain amounts taken to be received over 12 months, section 1075(3) If a person's ordinary income for a period…

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