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Trusts to which the FIF measures apply

Last updated 31 March 2020

The FIF measures will apply to you if you are a beneficiary of or have an interest in a foreign or non-resident trust.

A trust is a foreign trust if it is not:

  • an Australian trust [sections 481 and 473]
  • a public trading trust which is also a resident unit trust [sections 102G, 102H, 102J, 473 and 481]
  • a corporate unit trust which is also a resident unit trust [sections 102J, 102H, 473 and 481]
  • an Australian superannuation fund
  • a complying approved deposit fund
  • a pooled superannuation trust [sections 267].

A trust is an Australian trust if the trustee was a resident, or the central management and control of the trust was in Australia, for 12 months preceding the end of your income year. [sections 473, 481 and 485]