The bell has tolled on the Commissioner's long-running argument that an unpaid present entitlement is a "loan" under Division 7A. In Commissioner of Taxation v Bendel [2026] HCA 18, a 5-2 High Court majority held that where a trustee's resolution effects a "setting aside" onto a separate trust, no loan arises under subsection 109D(3). The decision turns on the precise language of the trust deed and the resolution - and it changes the Division 7A calculus for every discretionary trust with a corporate beneficiary.
This session covers the key issues practitioners need to act on now:
The decision unpacked - how "set aside" defeated the Commissioner, why the dissent still matters, and where structures remain exposed.
Unwinding the past - can existing Division 7A loan agreements over prior-year UPEs be unwound? What are the risks, the mechanics, and the Subdivision EA consequences of doing so?
Deed and resolution health checks - practical guidance on auditing your trust deeds and historic minutes against the framework Bendel now demands.
The ATO's next move - what to expect and how to position clients in the interim.
Don't wait for the bell to toll twice. Essential viewing for anyone advising family groups with UPE balances, Division 7A loan agreements, or trust structures that need a post-Bendel review.
Who should watch
Trustees and their advisers (accountants, financial planners and lawyers).
Level of expertise
This webinar is for persons with some knowledge or interest in family trusts.
Cost: $99.00
If you register more than one attendee, discounts apply:
2 attendees - $190 (normally $198, saving $8)
3 Attendees - $275 (normally $297, saving $22)
4 attendees - $355 (normally $396, saving $41)
5 attendees - $400 (normally $495, saving $95)
Sladen Smart Members: Free
Once you have registered you will be sent a receipt and then soon after a personalised link to access this webinar via zoom.
You can register up to 5 individual attendees (please contact us, should you require more than 10) each person will be sent a personalised link to join. You will be unable to share your link to the live webinar. The event will be recorded and emailed to all registered attendees the day after the event.
Presenters
Neil Brydges
Principal
Accredited Specialist in Tax Law
Neil is a Principal Lawyer in the business law area, with a particular focus on taxation advice and disputes. Neil’s aim is to provide technical expertise to clients, commercially applied and in a friendly and approachable manner.
Daniel Smedley
Principal
Daniel enjoys solving complex taxation and trust law issues for private enterprises who share his entrepreneurial spirit. He is a trusted confidant in designing and implementing robust personal and business succession plans. Daniel’s commitment to protecting and enhancing the commercial and personal interests of his clients consistently delivers great outcomes.
Kaitilin Lowdon
Principal Lawyer
Kaitilin is a Principal Lawyer in the Business Law team and a specialist tax lawyer focused on complex, high-stakes disputes involving the ATO.