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Following the High Court’s landmark decision in Commissioner of Taxation v Bendel, The Tax Institute is hosting a bonus webinar for members to unpack the implications of this significant ruling for trust and Division 7A arrangements.
In a 5:2 majority, the High Court confirmed that an unpaid present entitlement (UPE) owed by a trust to a private company beneficiary does not, in itself, constitute a loan or financial accommodation under Division 7A. This overturns the ATO’s long‑standing administrative position and provides much‑needed clarity on the treatment of UPEs.
This session will explore the Court’s reasoning, what the decision means in practice for private groups and advisers, and how trust distributions and retained profits may now be managed going forward. It will also consider the potential impact on existing structures, past assessments, and anticipated changes to ATO guidance and legislative settings.
Join us to hear expert insights on how to navigate this evolving area and the practical steps taxpayers and advisers should consider in light of the Bendel decision.
Panellists:
This session is brought to you by The Tax Institute
Event Details
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