• Private group structure questionnaire

    The questionnaire is one of the methods we use to gather information to gain a better understanding of how a wealthy individual conducts their business and tax affairs. It requests full details of all entities the wealthy individual controls.

    On receipt of the completed questionnaire we key the information into our systems and then map the private group structure. The information is aggregated with data from various ATO and external systems, enabling us to compare and assess outcomes relevant to the income tax of the group as a whole.

    Further information

    Download the Private group structure questionnaire (NAT 73169, PDF, 229 KB)

    End of further information

    How to complete this questionnaire

    When we use the term ‘you’, we mean you:

    • alone
    • with any other person, or
    • through an entity you control.

    Answer all questions by:

    • placing X in ALL applicable boxes.
    • providing all additional information we request.
    Attention

    You must answer all questions to the best of your knowledge. You only need to provide details about entities that you are certain you are associated with.

    End of attention

    Example

    Hestia thinks her brother has a family trust. Hestia may be a general beneficiary of that trust but is not sure. She does not know the trust’s name or TFN. Hestia does not have to answer question 7. Her lack of knowledge shows that she does not have significant influence, involvement or control over the trust.

    End of example

    Attach extra sheets if you:

    • need more space to properly answer a question, or
    • must give multiple answers.
    Further information

    Words and terms highlighted in italic in the questions are defined terms. See Definitions.

    End of further information

    The ATO is authorised by the Taxation Administration Act 1953 to request the provision of tax file numbers (TFNs). The ATO will use the TFNs to identify each entity in our records. It is not an offence not to provide the TFNs. However, if the TFNs are not provided, it could increase the chance of delay or error in processing this form.

    Taxation law authorises the ATO to collect information including personal information about the person authorised to sign the declaration. For information about your privacy go to Your privacy.

    Definitions

    Attention

    In these definitions, words in the singular include the plural.

    End of attention

    Appointor

    When we say appointor, we mean a person who (alone or with others) does any of the following:

    • participates in appointing or removing one or more trustees
    • provides their required consent to appoint or remove one or more trustees
    • acts as the nominated governor, protector or guardian of a trust.

    Control an unlisted company

    When we say control an unlisted company, we mean where any of the following apply:

    • where a person has a majority voting power at meetings of members or the governing body of the unlisted company
    • where a person (alone, with others or through an entity they control) can direct the manner in which the unlisted company acts
    • where an unlisted company or its governing body is accustomed or is reasonably likely to act in accordance with a person’s wishes or instructions, or the wishes or instructions of an entity the person controls
    • where it is reasonably likely that due to a request or suggestion by a person or an entity they control, a nominated person would be either of the following  
      • appointed to the governing body of the unlisted company
      • allotted shares in or made a member of the unlisted company.
       

    Control an entity or an entity that the person controls

    When we say control an entity, or an entity that the person controls we mean where any of the following apply:

    • where a person has a majority voting power at meetings of members or at meetings of the governing body of the entity
    • where a person (alone, with others or through an entity they control) can direct the manner in which the entity acts
    • the entity or its governing body is accustomed or is reasonably likely to act in accordance with the person’s wishes or instructions; or the wishes or instructions of an entity the person controls
    • where it is reasonably likely that due to the request or suggestion by a person or an entity they control, a nominated person would be either:  
      • appointed to the governing body of the entity, or
      • be or become a person for whose benefit the assets of the entity would or might be applied
       
    • where a person or an entity they control must either provide consent or be given notice before either of the following can happen  
      • another person is appointed to the governing body of the entity
      • another person becomes a person for whose benefit the assets of the entity might be applied.
       

    Control the affairs of a private trust

    When we say control the affairs of a private trust in relation to a person, we mean where any of the following apply:

    • where one of the following can direct the manner in which the trustee or appointor acts  
      • a person with majority voting power at meetings of members of, or of the governing body of, the trustee or appointor
      • a person (alone, with others or through an entity they control) is able to direct the manner in which the trustee or appointer acts
       
    • where the trustee or appointor, or its governing body is accustomed or is reasonably likely to act in accordance with a person’s wishes or instructions, or the wishes or instructions of an entity the person controls
    • where it is reasonably likely that due to a request or suggestion by a person, or an entity they control, a nominated person would be either of the following  
      • appointed to the governing body of the appointor or trustee
      • added to the class of objects of a power of appointment
       
    • where it is reasonably likely that due to a request or suggestion by a person or an entity they control, a power in respect of the trust would be exercised so an interest in the capital or income of the trust would be vested (contingently or absolutely, and whether or not defeasibly) in a nominated person.

    Entity

    When we say entity, we mean anybody or organisation of any kind, whether incorporated or not, inside or outside Australia, including for example all of the following:

    • an unlisted company
    • a private trust
    • an establishment
    • a foundation
    • an anstalt
    • a partnership
    • a syndicate
    • a society
    • a stichting
    • a stiftung
    • an association
    • a joint venture
    • a prescribed private fund
    • a charitable body or fund.

    Family

    When we say family, we mean your spouse (including de facto spouse) and all of the following:

    • both your and your spouse’s parents
    • both your and your spouse’s siblings and their children
    • both your and your spouse’s children and grandchildren
    • the spouses (including de facto spouse) and children of any people identified in the previous three points.

    Financial accommodation

    When we say financial accommodation, we mean anything of economic value, including:

    • loans or advance funds
    • forgiving a debt someone owes you
    • an arrangement that financed a limited recourse loan or non-recourse loan
    • an asset an associated company or trust owns, rents or leases that they let you use (for example, a house, a club membership or a credit card).

    Interest

    When we say interest, we mean any legal or beneficial interest or interests that are:

    • held directly
    • held indirectly through one or more entities.

    Person

    When we say person, we mean any individual or entity.

    Private trust

    When we say private trust, we mean any trust inside or outside Australia where both of the following apply:

    • the trust is not listed on a stock exchange
    • no prospectus has been issued for the trust.

    Shareholder

    When we say shareholder, we mean either of the following:

    • a person who owns company shares or stock
    • a person who is a member of a company – by subscription to a company memorandum of association or otherwise.

    Spouse

    When we say spouse, we mean someone you are living with, or usually live with, where you are any of the following:

    • married
    • in an opposite or same-sex relationship registered under certain state and territory laws
    • in an opposite or same-sex de facto relationship.

    Unlisted companies

    When we say unlisted companies, we mean any company that is incorporated inside or outside Australia that is not listed on any stock exchange. This does not include any of the following:

    • an incorporated sporting or non-profit club
    • a society or association
    • an incorporated professional body
    • an entity mentioned in s30-15 of the Income Tax Assessment Act 1997 (ITAA 1997).
    Last modified: 05 Aug 2015QC 20429