Is a trust an entity ?

Discussion in 'Accounting & Tax' started by Paul@PAS, 8th Apr, 2019.

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  1. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Lawyers will always tell you that a trust is not an entity. Its a legal relationship.
    But many laws say otherwise. Other laws do a similar thing eg Superannuation Law.

    eg Income Tax Assessment Act 1997 definition (s995.1) refers to the definition of entity (s960-100) and this includes a trust as an entity for the purposes of tax law.

    Its well described in the notes to s960-100 as a simple way to "refer to all types of taxpayers in all their different capacities so that in practice they are treated as having a separate identity in the same way a legal person does". A person can also have more than one capacity allowing them to each be a different entity. A good example of this occurs with trusts. A person can be a sole trustee, one of many trustees of another trust and the person. ie Three entities perhaps.
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    A trust is not a legal person, only a human or a company is a legal person.

    But a trust is an entity for tax purposes, same as a partnership.