Specified classes of trusts that are excluded from the attribution process in Part IIIB, Division 11A of the VEA [2] are:
A community trust is a trust that has the sole or dominant purpose of receiving, managing and distributing:
A court-ordered trust that is an excluded trust [4] if it is a trust created by an order of a court that:
For example, a statutory trust set up by the court to administer a compensation settlement for a person unable to manage their own affairs.
More ? [5]
An indigenous trust is a trust that has the sole or dominant purpose of receiving, managing and distributing:
Examples of an indigenous trust would include payments under the Community Development Employment Projects Scheme or grants under the Aboriginal and Torres Strait Islander Commission Act 1989.
Trusts that are not excluded from the rules relating to private trusts are:
If the trust is not one that is specifically excluded, then the rules in relation to attribution are to apply.
Legislation Library - Commission Determinations
Means Test Treatment of Private Trusts – Excluded Trusts – Declaration 2001 [2]
An entity means any of the following:
an individual,
a company,
a trust,
a business partnership,
a corporation sole,
a body politic.
An excluded trust is a trust declared in writing by Commission to be excluded from the private trust and company provisions.
A trust created by a will (testament) which usually takes effect upon the death of the writer of the will.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16441%23comment-form
[2] https://clik.dva.gov.au/legislation-library
[3] https://clik.dva.gov.au/book/export/html/16441#tgt-cspol_part10_ftn452
[4] https://clik.dva.gov.au/%23
[5] https://clik.dva.gov.au/book/export/html/16441#tgt-cspol_part10_ftn453
[6] https://clik.dva.gov.au/book/export/html/16441#tgt-cspol_part10_ftn454
[7] https://clik.dva.gov.au/book/export/html/16441#ref-cspol_part10_ftn452
[8] https://clik.dva.gov.au/compensation-and-support-policy-library/part-10-types-income-and-assets/103-business-structures-and-trusts/1038-other-trust-matters-01012002
[9] https://clik.dva.gov.au/book/export/html/16441#ref-cspol_part10_ftn453
[10] https://clik.dva.gov.au/compensation-and-support-policy-library/part-10-types-income-and-assets/103-business-structures-and-trusts/1038-other-trust-matters-01012002/testamentary-trust
[11] https://clik.dva.gov.au/book/export/html/16441#ref-cspol_part10_ftn454