Income Tax Assessment Act 1936
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Hide history noteOutsider to family trust
270-25(1)
If the trust mentioned in paragraph 270-10(1)(a) is a family trust, an outsider to the trust is a person other than:
(a) the trustee of the trust; or
(b) a person with a fixed entitlement to a share of the income or capital of the trust; or
(c) the individual specified in the trust ' s family trust election; or
(d) a member of the individual ' s family; or
(da) a trust with the same individual specified in its family trust election; or
(e) a company, partnership or trust that made an interposed entity election to be included in the individual ' s family group, where the election was in force (including before it was made) when the scheme mentioned in paragraph 270-10(1)(b) commenced; or
(f) a fixed trust, company or partnership (an entity ) where, at all times while the scheme mentioned in paragraph 270-10(1)(b) was being carried out:
(i) the individual specified in the trust ' s family trust election; or
(ii) one or more members of the individual ' s family; or
or any combination of the above, had fixed entitlements, directly or indirectly, and for their own benefit, to all of the income and capital of the entity.
(iii) the trustees of one or more family trusts, provided the individual is specified in the family trust election of each of those family trusts;
Outsider to non-family trust
270-25(2)
If the trust mentioned in paragraph 270-10(1)(a) is not a family trust, an outsider to the trust is a person other than:
(a) the trustee of the trust; or
(b) a person with a fixed entitlement to a share of the income or capital of the trust.
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