Windfall Gains Tax Act 2021

For the purposes of this Division, trusts are related trusts if the same person has, or the same persons have together, a controlling interest in each of the trusts.

A person has, or persons have together, a controlling interest in a trust if—

that person, or those persons acting together, can control the appointment of the trustee; or

that person is, or those persons together are, entitled to more than 50% of the income or capital of the trust.

For the purposes of subsection (2)(b), the Commissioner may determine that a person is, or persons together are, entitled to more than 50% of the income or capital of a discretionary trust even if that person or those persons have no present legal or equitable entitlement to the income or capital.