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Division 7A - How to fix up a mess presentation


Practitioners continue to encounter Div 7A errors and omissions, many of which are “inherited” from another tax agent.This presentation considers:

  • practical ways to deal with Div 7A errors, including applying for the Commissioner’s discretion in s 109RB
  • what are the risks if practitioners “fix up” the error but fail to notify the ATO or seek discretion unders 109RB?
  • whether taxpayers can self-correct if they miss a repayment
  • how to prevent UPEs from becoming a problem, including the more obscure Subdivs EA and EB issues that can arise where a quarantined UPE remains in existence
  • the Board of Taxation’s report of its review of Div 7Awhich was provided to the government in June 2013.

Author profile:

Author Photo - Michael Parker CTA
Michael Parker CTA
Michael Parker, CTA, is a Partner in the taxation section of Hall & Wilcox Lawyers. His practice focuses on tax disputes, capital gains tax, business sales and acquisitions and restructuring. Michael has extensive experience handling disputes concerning the Small Business CGT Concessions, having acted for the taxpayers in White v FCT [2009] FCA 880, White v FCT [2012] FCA 109 and Altnot v FCT [2013] AATA 140, among other cases. Michael regularly consults to the Board of Taxation and Treasury including in respect of the small business CGT Concessions. He is a regular presenter for The Tax Institute. Current at 04 August 2016 Click here to expand/collapse more articles by Michael PARKER.

This was presented at Vic 1st Annual Tax Forum.

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