01 October 2024
We have previously written about the Bendel case which concerns the application of Division 7A to unpaid distributions of income made by a trust to a related company.
The application of Division 7A to unpaid trust distributions has significant implications for the taxation of trust income and how taxpayers arrange their affairs.
The findings of the Administrative Appeals Tribunal (AAT) in Bendel and Commissioner of Taxation back in September 2023 disrupt the way in which the ATO have applied Division 7A all the way back to 2010.
Subsequently, the ATO have appealed the AAT decision to the Federal Court which heard arguments over several days at the end of August.
We are now awaiting the Federal Court judgement with bated breath.
If the AAT decision is upheld by the Federal Court, there may be significant positive implications arising for taxpayers that have made distributions of trust income to companies since 2010.
We will keep you informed on the looming Federal Court judgement and will help you to unpack any actions that may be required as a result.
In the meantime, please get in touch if you would like to know more about using trusts to build and protect your wealth.
Sky Accountants Ballarat
Phone: 03 5332 8855
Office Address: 902 Howitt Street, Wendouree, Victoria 3355, Australia
Postal Address: PO Box 2234, Bakery Hill, Victoria 3354
Sky Accountants Gisborne & Macedon Ranges
Phone: 03 5428 1400
Office Address: 45 Hamilton Street, Gisborne, Victoria 3437, Australia
Postal Address: PO Box 270 Gisborne Victoria 3437
Sky Accountants Kilmore
Phone: 03 5782 2299
Office Address: 74B Sydney Street, Kilmore, Victoria 3764, Australia
Postal Address: PO Box 190 Kilmore Victoria 3764