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Division 7A–The Commissioner’s discretion paper

Published on 17 Oct 08 by VICTORIAN DIVISION, THE TAX INSTITUTE

Division 7A remains forever changed because the Commissioner has an unfettered discretion to ignore the operation of Division 7A since 2002. Although Practice Statement PSLA 2007/20 has since lapsed, the only way in which any previous Division 7A issues can now be dealt with is by seeking a favorable exercise of discretion by the Commissioner. This paper covers:

  • what needs to be disclosed to the Commissioner and more importantly what shouldn't be disclosed
  • tips and traps in dealing with the ATO on Division 7A.

Author profile:

Author Photo - Arthur Athanasiou CTA
Arthur Athanasiou CTA
Arthur, a partner at Thomson Geer Lawyers, has many years experience in complex tax litigation and tax audit negotiations and settlements. Arthur’s main area of practice is taxation advisory, with an emphasis on dispute resolution, particularly in the SME sector, with both the ATO and the SRO. He also has broad experience in the taxation of trusts and SME entities, with an emphasis on Div 7A and high-wealth individuals and family groups. Arthur has extensive experience in all areas of direct and indirect taxation and has qualified as a Chartered Accountant. He has also held senior taxation and management positions in the transport and motor vehicle industries, with specialist experience in logistics, supply chain, chain of responsibility and contract warehousing. Arthur is the President of The Tax Institute as well as a State Councillor, and also chairs the Law Institute’s Tax Law Advisory Committee. Arthur is an Accredited Tax Law Specialist and a widely published writer on taxation issues. He regularly appears in the mainstream media, and presents at tax seminars and discussion groups. Arthur has been recognised in Doyle’s Guide 2015 as a recommended tax lawyer in Victoria. Current at 18 August 2016 Click here to expand/collapse more articles by Arthur ATHANASIOU.
 

This was presented at 2008 Tasmanian State Convention.

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