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Individual Podcasts

Loan Accounts, Division 7A and UPEs: Are They Getting the Attention They Require in the Estate Plan?

A list of assets and liabilities for the estate planning process can sometimes gloss over the fact that within certain entities that are owned, controlled or provide benefits, are loan accounts and UPEs that can have a significant impact on the administering of the estate. This se
PRESENTED BY Mark Molesworth Partner - BDO , Brisbane

Date/Time

About the Podcast

A list of assets and liabilities for the estate planning process can sometimes gloss over the fact that within certain entities that are owned, controlled or provide benefits, are loan accounts and UPEs that can have a significant impact on the administering of the estate. This session looks into the implications that can arise, both pre and post death and the strategies to manage, including:

  • Does Division 7A apply when a company loan to a shareholder is forgiven after the shareholder’s death? (ATO ID 2012/77)?
  • Can the timing of forgiving a deceased shareholder’s pre-existing Division 7A loan post death make a tax difference?
  • Can Division 7A apply to an executor for a loan by a company to a shareholder before date of death? (ATO ID 2002/741)?
  • How does Division 7A interact with the commercial debt forgiveness rules?
  • Does the exclusion for debt forgiveness for reasons of natural love and affection in TD 2022/1 apply to deceased estates?
  • Can the commercial debt forgiveness provisions apply to a forgiven loan owing from a trust to a deceased beneficiary?
  • Strategies for a pre death loan account tidy up
  • Case studies highlighting how overlooked related party loan arrangements can impact the administration of an estate

Presented By

Mark Molesworth
Partner, BDO Brisbane, QLD

Mark is a partner with chartered accounting firm BDO’s tax division. He has more than 20 years’ experience in advising taxpayers with respect to all areas of taxation including CGT, FBT, and income tax.

Some of his areas of speciality include international tax, the small business CGT concessions, the debt/equity provisions and the trust loss provisions.

He also provides taxation advice to other smaller accounting and legal practices in respect of their clients.

Mark has Bachelor of Commerce and Bachelor of Laws degrees from the University of Queensland and is a Chartered Accountant and Chartered Tax Adviser.

CPD Information

0.3 CPD hours

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