Controlled Private Company

What is a controlled private company?

A [glossary:company:602] is a [glossary:controlled private company:72] in relation to an individual if:

  • the company is a [glossary:designated private company:420], and
  • the individual passes the private companies [glossary:control test:198], or
  • the individual passes the [glossary:source test:186].

When deciding whether an individual passes the [glossary:control:461] or source tests reference must be had to the [glossary:associates:491] of the individual.    

Non-complying SDT

Last amended: 9 October 2006

Non-complying use of capital/income

If the income or capital of the [glossary:special disability trust:293] (SDT) is used for purposes which make it a non-complying trust, then the trust will be assessed under the normal trust and company rules from the date the trust was deemed by a delegate to be non-complying. Any gifts will lose their concessional treatment from the date that the trust becomes non-complying.

Non-compliance events

Events which could result in the trust being non-complying include:

Exempt Income from Other Non-government Sources

Free accommodation or board and lodging

VEA section 5H(8) (ze)

The value of free accommodation or free board and lodging provided to a person is not income.

If an employer provides written advice that a deduction from wages for the cost of accommodation or board and lodging provided by the employer is being made, the amount deducted is not considered as income. Any amount received after that deduction is treated as income.

Compensation and insurance payments