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The interaction between Division 7A and the debt equity rules in SME structures presentation

Published on 09 Sep 04 by VICTORIAN DIVISION, THE TAX INSTITUTE

This presentation focusses on the Div 7A loan debt/equity interaction in SME structures used to maximise capital retention, asset protection and deductions. The issues covered include:
- corporate beneficiaries and loan backs
- trust loans to shareholders
- on lending in an SME group
- on lending and consolidation
- impact on total holdings
- FTEs
- exploitabilities - there are some!
- limiting your practice risk.

Author profile

Christopher Wallis CTA
In assisting clients in their battles with the Commissioner, Chris works with the client by building the client's case, and the likelihood of avoiding a Tribunal or Court hearing, by paying attention to identifying and assembling the evidence to meet the relevant burden of proof. Chris is a regularly published author on tax and superannuation issues and is a member of the Editorial Board of the Australian Tax Law Bulletin and a member of the Australasian Tax Teachers Association (ATTA). Chris has presented for each of the professional bodies the TTI, CPA Australia, the CAANZ, IPA, at National and State events, in total on more than 100 occasions, the Tax Bar Association, and on numerous occasions for the Television Education Network and the late Gordon Cooper's Problems in Practice. He has also provided evidence to the House of Representatives Tax Review Committee. In 2001 Chris established a company that provided tax training to government revenue authorities and accounting and legal firms throughout Australia. Chris was admitted to practice in 1987 after completing articles with Mills Oakley and worked for F John Morgan and Dr Gerry Bean at Phillips Fox and Michael Clough at Mallesons before coming to the Bar in 1991 where he read with Manny Garantziotis QC. - Current at 06 October 2021
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This was presented at VICTORIAN/TASMANIAN STATE CONVENTION: TAX - A BALANCING ACT .

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