Trusts
The Bendel Full Federal Court Decision – 100A
26 March 2025
The Full Federal Court decision in Commissioner of Taxation v Bendel was the most anticipated tax decision this century. It examined whether an unpaid present entitlement (UPE) is a loan for the purposes of Division 7A. This video discusses the implications of the Bendel case. Please note: There are other videos on the Bendel decision on the Division 7A page. 89 minutes.
Section 99B ITAA 1936
27 August 2024
This webinar recording focuses on the operation of section 99B. It discusses the two draft documents put out by the ATO – TD 2024/D2 and PCG 2024/D1 in relation to section 99B. 69 minutes.
Trusts from an Accountant’s Perspective [3]
12 July 2024
This video is the 3rd video in a 3-part series with the view to understanding aspects of trust taxation looking at trusts in the way that accountants see them. This video focuses on section 100A and examines what accountants should do in relation to this provision and possible activities of the ATO. It also raises some of the intractable problems that result from the ATO’s approach to section 100A. 65 minutes.
Trusts from an Accountant’s Perspective [2]
11 June 2024
This video is the 2nd video in a 3-part series with the view to understanding aspects of trust taxation looking at trusts in the way that accountants see them. This video focuses on [1] the important implications of the 2010 High Court Decision in Bamford [2] Diagrams that set out the taxation of beneficiaries [3] Streaming of income and capital gains, including a discussion of the concept of ‘specific entitlement’. 70 minutes.
Trusts from an Accountant’s Perspective [1]
3 June 2024
This video is the 1st video in a 3-part series with the view to understanding aspects of trust taxation looking at trusts in the way that accountants see them. This video focuses on reading and understanding trust deeds. 68 minutes.
Family Trust Elections and Death
21 November 2023
This video examines family trust elections in the context of death in the family. It looks at the implications for deceased estates and testamentary trusts and who is in ‘the family’ for the purposes of the trust loss rules. 61 minutes.
Section 100A – Reimbursement Agreements
26 July 2023
This video focuses on the meaning of a ‘reimbursement agreement’ following the decision in the Guardian AIT and Bblood decisions. A reimbursement agreement is necessary prior to section 100A being applicable. 65 minutes.
Section 100A Case Studies
30 May 2023
This video contains 4 case studies on the operation of section 100A. It discusses the policy decisions that accountants need to make about this important provision and the implications of being in the ‘green zone’ of the ATO PCG on this topic. 69 minutes.
Guardian AIT Case and Alexander Springer Case
31 January 2023
This video discusses these two important cases which examined the operations of section 100A and Part IVA ITAA 1936. These connected cases were both decided in the Full Federal Court. The cases are important because at the time of the decision the final rulings on section 100A had recently been released (see video below). 67 minutes.
Section 100A
14 December 2022
This video discusses in detail the operation of section 100A. It was produced at a time when the ATO was raising the profile of this section and that its use could be extended to areas that might surprise accountants. It deals with the final rulings on section 100A issued by the ATO, being TR 2022/4 and PCG 2022/2. The video has a number of examples, including what is in the ‘green zone’, and the ‘red zone’. 134 minutes.
Family Trust Elections and Interposed Entity Elections
3 August 2022
This video focuses on aspects of the trust loss provisions particularly related to the making of family trust and interposed entity elections. The video examines whether you should make such an election and whether you are eligible to do so. It looks at the family control test and also what constitutes the family. Selection of the primary individual is discussed and it also warns accountants about being too hasty to make a family trust election. 62 minutes.