Income Tax Act 2007

Definitions and related matters - Associated persons and nominees - Table Y1: Associated person rules

YB 10: Who is a settlor?

You could also call this:

“A settlor is someone who sets up or contributes to a trust, with some exceptions”

For the purpose of understanding who is connected to a trust, you need to know who a settlor is. A settlor is someone who sets up or contributes to a trust. The exact meaning of a settlor is explained in section HC 27. However, there’s one important exception: if you provide services to a trust for less than what they’re worth in the market, you’re not considered a settlor. This definition of settlor is used in sections YB 7 to YB 9, which talk about how people can be associated with trusts.

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Topics:
Money and consumer rights > Taxes

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YB 9: Settlor and beneficiary, or

“Trust creators and their beneficiaries are considered connected”


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YB 11: Trustee and person with power of appointment or removal, or

“Rules for trustees and those who can appoint or remove them”

Part Y Definitions and related matters
Associated persons and nominees: Table Y1: Associated person rules

YB 10Who is a settlor?

  1. For the purposes of sections YB 7 to YB 9, settlor has the meaning set out in section HC 27 (Who is a settlor?) but does not include a person who provides services to a trust for less than market value.

Notes
  • Section YB 10: substituted, on , by section 563(1) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).