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Recorded Webinars

Recorded Webinar: UPEs as Division 7A Loans: Is This The Beginning of the End?

Division 7A and UPES are back in the spotlight following the recent AAT decision in Bendel v FCT [2023] AATA 3074 decided that an unpaid present entitlement between a corporate beneficiary and trust did not constitute a ‘loan’ under s109D(3) ITAA 1936. However, the Bendel Decision
PRESENTED BY Arthur Athanasiou Partner - Thomson Geer Lawyers , Melbourne

Date/Time

About the Webinar

Division 7A and UPES are back in the spotlight following the recent AAT decision in Bendel v FCT [2023] AATA 3074 decided that an unpaid present entitlement between a corporate beneficiary and trust did not constitute a ‘loan’ under s109D(3) ITAA 1936. However, the Bendel Decision challenges the ATO’s views in TD 2022/11 and TR 2010/3 before that, which treats these UPEs as loans for the purposes of Division 7A. This practical session examines the Bendel decision, along with the ATO’s Interim Decision Impact Statement, including:

  • Unpacking Bendel’s case and the AAT’s decision
  • Application and scope of the Tribunal’s decision
  • ATO’s Interim Decision Impact Statement on Bendel – scope of application
  • What actions should clients who have UPEs in similar circumstances consider?
    • For UPEs arising in the 2022 and earlier years
    • For UPEs arising in the 2023 year
  • Case studies

Presented By

Arthur Athanasiou
Partner, Thomson Geer Lawyers Melbourne, Vic

Arthur is a Partner with Thomson Geer Lawyers, and is an Accredited Tax Law Specialist and a widely published writer on taxation issues having written many articles and books on taxation.  He regularly appears in the mainstream media, and presents at tax seminars and discussion groups.  Arthur qualified as a Chartered Accountant in 1987, and has held senior taxation and management positions in the transport and motor vehicle industries.

He has extensive experience in all areas of direct and indirect taxation and main area of practice is dispute resolution, particularly in the SME sector, with both the ATO and the SRO.

Arthur has many years of experience in complex tax litigation and tax audit negotiations and settlements, as well as broad experience in the taxation of entities, with an emphasis on Division 7A.

Arthur is a former President and Life Member of the Tax Institute, chair of the Tax Law Specialist Accreditation Board and was appointed as Adjunct Professor La Trobe University Law School in January 2019. He has been recognised as a Leading Tax Lawyer in Victoria by Doyles (2017 – 2023) and also in Trusts and Estates by Best Lawyers (2022-24).

Who Should Attend?

This webinar is suitable for accountants advising in taxation matters – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Accountants can claim up to 1 CPD/Training hour. This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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