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Recorded Webinars

Recorded Interactive Webinar: Division 7A and Unpaid Present Entitlements: What Bendel Means for Your Clients

The High Court's landmark decision in Commissioner of Taxation v Bendel has upended a position the ATO has held since 2009 — that UPEs owing to a corporate beneficiary constitute loans for Division 7A purposes. For accountants advising private groups with discretionary trusts and
PRESENTED BY Dung Lam Principal - West Garbutt , Sydney

Date/Time

About the Webinar

The High Court's landmark decision in Commissioner of Taxation v Bendel has upended a position the ATO has held since 2009 — that UPEs owing to a corporate beneficiary constitute loans for Division 7A purposes. For accountants advising private groups with discretionary trusts and corporate beneficiaries, the decision is significant but the practical work is only beginning.

This session examines the High Court's reasoning and its immediate and longer-term implications for client structures, covering:

  • The core question decided in Bendel — why the Court held that a UPE does not constitute a loan under s 109D(3) of the ITAA 1936, and what the 5-2 majority reasoning means for how Division 7A is to be read going forward
  • Legacy structures: advising clients who put complying loan agreements or sub-trust arrangements in place specifically to satisfy the ATO's now-overturned position, and whether those arrangements need to be unwound or maintained
  • The s 100A exposure that remains regardless of the Bendel outcome, and how to assess whether existing UPE arrangements fall within the ATO's green zone under PCG 2022/2
  • Objections and amended assessments: the process for clients who were assessed on the ATO's former view and the prospects for recovery
  • The ATO's likely response: what guidance may be withdrawn or revised, whether existing compliance approaches remain relevant, and practical considerations while taxpayers await further direction

Presented By

Dung Lam
Principal, West Garbutt Sydney, NSW

Dung is a principal lawyer of West Garbutt, based in Sydney. Dung has two decades of experience in advising on a wide variety of taxes including income tax, capital gains tax, GST and NSW state taxes such as duty, payroll tax and land tax. Dung also has extensive experience advising on the taxation trusts, superannuation issues in the self-managed superannuation funds arena and tax issues related to estate planning.

Dung provides clients with tax legal services and solutions. She works with clients and their advisers to devise tax effective strategies to undertake acquisitions and disposals of assets and businesses, business restructures, domestic and international business expansions, and business and personal succession planning. Dung also acts for clients in negotiations and disputes with Australian revenue authorities. She has managed ruling applications, tax risk reviews, tax audits, tax objections, voluntary disclosures, tax litigation and tax debt negotiations.

Clients whom Dung has assisted include corporates, high-net wealth individuals and families, and their advisers.

Dung regularly presents on tax and superannuation matters to accounting and tax discussion groups and recognised bodies such as the Tax Institute, Legalwise and the Television Education Network.

Who Should Attend?

This webinar is suitable for accountants and lawyers 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 hour. Lawyers can claim up to 1 CPD unit/point – substantive law. This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

OPTIONAL ONLINE QUIZ

We will be adding an optional online quiz to the recording of this webinar to make it interactive in terms of the type of CPD that can be claimed. Upon completion of the quiz the successful registered user will receive a CPD certificate confirming completion and the CPD units/points/hours earned. The online quiz will be available with the recording – typically within 1 to 2 days of the live webinar being held.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

While TEN takes all reasonable care to include accurate and up-to-date information regarding CPD category classifications and compliance obligations, information regarding CPD point allocation are provided as a guide only. Allocation of CPD points is subject to the CPD requirements of your jurisdiction, personal circumstances and professional requirements. You are solely responsible for determining whether a particular product is appropriate for your CPD requirements.

Enquiries/Assistance

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

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