EV 1052225438464currentnon-binding advice

Employee share trust (EST) In order to protect the privacy and commercial in-confidence components of this private binding ruling the following summary is provided:

Non-binding edited private advice. This is an edited version of private advice the ATO gave to a specific taxpayer about their own circumstances. You cannot rely on it — it is not binding and provides no protection for anyone else (see PS LA 2008/4). Use it as a guide to the ATO’s thinking, not as authority.

Whether an activity, in itself, will cause a trust to not satisfy the requirements as an EST under subsection 130-85(4) of the Income Tax Assessment Act 1997 (ITAA 1997)?

No. The activity, in itself, will not cause a trust to not satisfy the requirements as an EST under subsection 130-85(4) of the ITAA 1997.