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Businesses controlled by the same person

If the same person or a group of people has a ‘controlling interest’ in 2 or more businesses, those businesses are grouped.

An interest of more than 50% is a controlling interest.

A controlling interest can be held by one person or a group of people if no individual has control of the business. In the table below, ‘person’ means an individual or a group of people.

Business type   Person with controlling interest 
Company 

A person who is entitled to exercise more than 50% of the voting power:

  • at director meetings

    or

  • attached to voting shares that the company has issued.
Body incorporate or unincorporate  A person who constitutes or controls more than 50% of the management board.

Partnership 

A person who:

  • owns more than 50% of the capital

    or

  • is entitled to more than 50% of the profits.
Trust 

A person who is a beneficiary of more than 50% of the value of the trust that carries on the business.


Under a discretionary trust, all beneficiaries are deemed to have a controlling interest.


Individual 
  • Sole business owner (whether or not as trustee)
    or
  • a set of persons who own a business as trustee.


Different types of businesses can be grouped, if the same person/s have a controlling interest.

For example:

controlling interest example
  • S Pty Ltd and C Pty Ltd are related companies.
  • C Pty Ltd has a more than 50% interest in A Partnership.
  • S Pty Ltd has a more than 50% interest in B Partnership.


As C Pty Ltd is a subsidiary of S Pty Ltd, S Pty Ltd is also deemed to have a controlling interest of A Partnership.

S Pty Ltd, C Pty Ltd, B Partnership and A Partnership are all grouped.