Topic: Bendel through the accountant’s lens
NEW DATE: Wednesday 19 August 2026 | 12:30-2:30pm AEST
The High Court has spoken! In a 5:2 majority, Commissioner of Taxation v Bendel [2026] HCA 18 confirmed that an unpaid present entitlement owed by a trust to a corporate beneficiary was not a "loan" under Division 7A. After more than 15 years of ATO administrative practice, the landscape for private groups has fundamentally shifted. But what does this mean in practice and what should you be doing right now for your clients?
Join Chris Wookey, CTA-Life and Keith James, CTA as they cut through the complexity and deliver practical, accountant-focused guidance.
Drawing on the High Court's reasoning and the ATO's Decision Impact Statement, this session explores the Bendel decision and its practical implications, from existing UPE arrangements, to the traps that remain under Subdivision EA, section 100A, and Part IVA, and the structuring choices that lie ahead.
Chris Wookey, CTA (Life) (Chris Wookey Chartered Accountant) is a leading specialist tax consultant for private business. He is a Chartered Accountant and Chartered Tax Adviser with over 30 years' experience, and a former Chair and continuing member of The Tax Institute's national SME Technical Committee. Chris will bring a practical accountant's lens to Bendel: what to do now with existing complying loan agreements, how to respond to the ATO's DIS, and how to navigate trust distributions and structuring in the post-Bendel environment.
Keith James, CTA (Consultant, Hall & Wilcox) brings an unmatched perspective to this topic. He was the (then) Administrative Appeals Tribunal Member who, sitting with Deputy President Frank O'Loughlin KC, decided Bendel at first instance in 2023, setting in motion a chain of events that culminated in the High Court’s decision. Keith also served on the Board of Taxation's Division 7A Post-Implementation Review working group. Drawing on this background, Keith will offer his insight into what the High Court's reasoning means for the practical application of Division 7A going forward and his take on the issues that Chris will be exploring in his presentation.
The session will be chaired by Frank Hinoporos, CTA, Partner and Head of Tax at Hall & Wilcox, and the Chair of the Tax Institute’s Victorian State Council.
