Is a superannuation fund considered a business when holding mail

In Australia, a superannuation fund is considered a trust, not a business, for the purposes of holding mail. Here's why:

  1. Superannuation funds are trusts: A superannuation fund is a trust that holds assets, including investments, on behalf of its members (beneficiaries). The trustee of the fund is responsible for managing the assets and making decisions about how they are invested.
  2. Holding mail is not a business activity: Holding mail is not a business activity in the classical sense. It is simply a way of receiving and storing mail, which is a passive activity.
  3. Superannuation funds are exempt from business registration: Superannuation funds are exempt from registration as a business under the Australian Securities and Investments Commission (ASIC) Act 2001. This is because they are not considered to be carrying on a business in the ordinary sense.
  4. Mail is not considered a "business" asset: The Australian Taxation Office (ATO) considers mail to be a personal asset, not a business asset. This means that a superannuation fund holding mail is not considered to be carrying on a business.

However, it's worth noting that if a superannuation fund is holding mail as part of a broader business activity, such as providing a mail-forwarding service, then it may be considered to be carrying on a business. In this case, the fund would need to register with ASIC and comply with relevant business registration requirements.

In summary, a superannuation fund holding mail is not considered a business for the purposes of registration or taxation. However, if the fund is engaged in a broader business activity that involves holding mail, then it may be considered a business and would need to comply with relevant business registration requirements.