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Assessable Income & Assets from a Court-Ordered (Statutory) Trust

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Assessment of income from a court-ordered (statutory) trust

The following describes the assessment of income for court-ordered (statutory) trusts.

If money is held by a public trustee or similar body...

Then the interest...

on behalf of an individual

generated by its investment is the person's income.

This is regardless of whether individual investment accounts are maintained or whether the property is held in a 'common fund'.

and no specific amount is held for the benefit of an individual

For example, the property is held in common for the person and their children

any interest credited to the investment account is not assessed as the person's income.

Income is assessed only when distributed or allocated to them.     

VEA ?

Certain amounts taken to be received over 12 months

Section 46A VEA

VEA ? (go back)

Distribution of capital funds – income assessment

One-off payments made from the capital funds held by the trust are not taken into account as income. For example, distributions to enable modifications to be made to the person's home to assist with their disability.

Assessment of assets from a court-ordered (statutory) trust

The following table describes the assessment of assets from court-ordered (statutory) trusts.

If money is held by a public trustee or similar body...

Then the...

on behalf of an individual

full value of that money is assessable as the person's asset.

This is regardless of whether individual investment accounts are maintained or whether the property is held in a 'common fund'.

and a payment is made to an individual out of the money held by the statutory trust and NO specific amount is held for the benefit of an individual.

For example, the property is held in common for the individual and their children.

The amount held is not an assessable asset of the person.

Distribution of capital funds – asset assessment

One-off payments made from the capital funds held by the trust are the person's property and are assessed as an asset. Any amount that is assessed as the assets held by the trust must be reduced by the amount of the payment. Payments could include distributions to enable modifications to be made to the person's home to assist with their disability.

Court-ordered (statutory) trust for a minor

Payments to minors may be held on their behalf in a court-ordered (statutory) trust.

Payments could include:

  • third party motor vehicle damages,
  • workers compensation after the death of their sole surviving parent, and
  • superannuation after the death of their sole surviving parent.

Money held in a court-ordered trust on behalf of a minor is the property of the minor, and interest credited to the account is their income.     


An asset means any property, including property outside Australia.