After Bendel Division 7A, Anti-Avoidance, and Beyond

$99.00

Unpacking the Past, Present, and Future of UPEs

The Full Federal Court’s decision in Commissioner of Taxation v Bendel (February 19, 2025) has redefined the tax landscape for trusts, ruling that unpaid present entitlements (UPEs) between a corporate beneficiary and a trust do not constitute a loan under s109D(3) of Division 7A. This outcome overturns years of ATO guidance and necessitates a reassessment of trust distributions and tax compliance obligations. 

The ATO, on 18 March 2025, lodged an application for special leave to appeal to the High Court, and on 19 March 2025, issued an interim decision impact statement on the Full Federal Court decision, adding further uncertainty in the coming months for advisors.   

This session will give advisors an update on this changing landscape and consider the practical considerations for practitioners managing trust structures during the current lodgement season and beyond.  

Complete the form below to view the recording of this event. If you encounter any issues, feel free to reach out to us at smart@sladen.com.au.