Assessing and coding the Private Trust details from the MOD PT 043-04020060

Persons may be listed within the MOD PT, tax returns/financial statements, or other information obtained for the assessment of the trust. They may be:

• trustees
• beneficiaries
• appointors
• persons who have loaned money to the entity
• other relevant persons

Where persons are listed, check if:

• the person or their partner are linked to the entity on the Link Summary (LS) screen
• the person or their partner have been in receipt of an applicable payment or benefit for any period of involvement
• there are any:
• outstanding CAO referrals for assessment of the entity, or
• scanned documents disclosing the person’s involvement with the entity on their or their partner’s record
• involvement with the entity was declared within a previous claim submitted by the person or their partner
• involvement in the entity was otherwise disclosed by the person or their partner

Action any outstanding CAO referral or unactioned assessment of disclosed involvement.

Note: CAOs are unable to delay a current assessment or take consequential actions (such as rejecting new claim) if documents to complete historical assessment are not provided.

For persons who are not linked and appear to have undisclosed involvement for a period while in receipt of an applicable payment or benefit:

• report the details using the Report Suspected Fraud and Corruption System. See Report suspected fraud and corruption
• no further action is required. Do not:
• investigate undeclared involvement
• link to entity record
• send requests for information

If an asset has been sold or disposed of within the last 5 years, a decision about deprivation is required. See Gifting rules for trusts and companies.

If the trust owns real estate, check the customer's estimate of the current market value of the property (see real estate details section of the MOD PT).

Depending on the value of the other assets and liabilities in the trust, and whether there is a current customer attributed with control, a valuation of the property may be required. See Real estate owned by a private trust or private company.

If a customer has units in a Unit Trust, which was set up before 9 May 2000 and there have been no additions to that trust since 7:30 pm AEST (Australian Eastern Standard Time) on 9 May 2000, the asset value of the trust needs to be calculated. It may need to be reassessed if the assets are not at current market value. The unit holders' asset holdings are calculated using the following formula:

• (Gross assets value - liabilities) ÷ Number of units issued x Number of units held by the customer = net assets value of the customer's units of the trust

For coding details, go to Step 5.

If the unit trust was set up, or had additions after 7:30 pm AEST on 9 May 2000, the trust will be assessed under post 1 January 2002 rules.

Check if a record already exists for the trust. If a record does not exist follow the instructions in Searching for and indexing private trusts and companies. Then return to this step.

Code the trust income and assets on the organisation record in Environment A.

Update income distributions, assets and liabilities from the profit and loss statement and balance sheets

• Code or update Attribution on Trust/Company Attribution (TRA) screen
• Code or update income on Trust/Company Income/Deduction (TRID) screen
• Code or update income distributions on Trust/Company Distribution (TRD) screen
• Code or update assets on the relevant asset screen
• Update liabilities on the Trust/Company Liabilities (TRLD) screen

A closely held employee is an individual directly related to the entity from which they receive income. For example, a beneficiary of a trust

If employment income is paid to a closely held employee:

• periodically, they are assessed as ordinary employment income and coded with frequency IOP or LOP from the date paid, for the period they represent. See Assessing and coding employment income
• as a lump sum, they are assessed from the entitlement period start date of the period in which they are paid for the period they represent (up to 52 weeks). Record using frequency LOP with pay period start and end dates included. See Treatment of lump sums

These payments should only be recorded using continuous income frequencies if either the 1WE or 2WE exception or Pension Monthly Exception (MTE) Rule are met.