A trust is a designated private trust unless:
Once it has been determined that the trust is a designated private trust, then the issue of who controls the assets and income of the trust and the percentage of control [3] to be attributed to the individual(s) can be decided
More ? [5]
Legislation Library – Commission Determinations
Means Means Test Treatment of Private Companies – Excluded Companies – Declaration 2001 [8]
Units in relation to a trust, include a beneficial interest, however described, in the property or income of the trust.
A scheme means:
A fund is a complying superannuation fund for the purposes of section 52ZZB of the VEA [13], at a particular time if:
http://www.comlaw.gov.au/Series/C2004A04633 [14]
http://www.comlaw.gov.au/Series/C1936A00027 [15]
An excluded trust is a trust declared in writing by Commission to be excluded from the private trust and company provisions.
Control includes control as a result of, or by means of, trusts, agreements, arrangements, understandings and practices, whether or not having legal or equitable force and whether or not based on legal or equitable rights.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16502%23comment-form
[2] https://clik.dva.gov.au/book/export/html/16502#tgt-cspol_part10_ftn420
[3] https://clik.dva.gov.au/%23
[4] https://clik.dva.gov.au/book/export/html/16502#tgt-cspol_part10_ftn421
[5] https://clik.dva.gov.au/book/export/html/16502#tgt-cspol_part10_ftn422
[6] 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/discretionary-trust-rural-succession-trust-and-fixed-unit-trust
[7] https://clik.dva.gov.au/book/export/html/16502#ref-cspol_part10_ftn420
[8] https://clik.dva.gov.au/legislation-library
[9] https://clik.dva.gov.au/book/export/html/16502#ref-cspol_part10_ftn421
[10] https://clik.dva.gov.au/compensation-and-support-policy-library/part-10-types-income-and-assets/103-business-structures-and-trusts/1036-attribution-guidelines-private-trusts-private-companies-01012002/controlled-private-trust
[11] https://clik.dva.gov.au/compensation-and-support-policy-library/part-10-types-income-and-assets/103-business-structures-and-trusts/1037-attribution-percentage-derivation-and-attribution-period-01012002/attribution-percentage
[12] https://clik.dva.gov.au/book/export/html/16502#ref-cspol_part10_ftn422
[13] http://clik.dva.gov.au/legislation-library
[14] http://www.comlaw.gov.au/Series/C2004A04633
[15] http://www.comlaw.gov.au/Series/C1936A00027