The Tax Workshop is perfect for sole practitioners and small practices, offering practical, expert-led sessions designed to refresh your knowledge and keep you ahead in the ever-changing tax landscape.

The following topics will be covered in the September session:

Tax Brief

What we cover: Our Tax Brief is a review of the current tax landscape to keep you up-to-date with any changes and current news.

UPEs Post the Bendel Decision

The Full Federal Court’s decision in February 2025 that a ‘loan’ for the purposes of s. 109 in Div 7A of the ITAA 1936 did not extend to unpaid present entitlements (UPEs) – i.e. it was not financial accommodation – generated widely varying responses: 

• The Commissioner was unmoved – the interim decision impact statement tells us that, pending the High Court’s decision, it is business as usual and anyway, the anti-avoidance provision in s. 100A of the ITAA 1936 could apply.
• Some tax advisers were ready to object to any unfavourable decisions based on the Commissioner’s now impugned view which the ATO had issued to their clients.
• Other tax advisers lamented the potential prospect of having to deal with UPEs under Subdiv EA

In this session we consider, subject to the outcome of the High Court appeal:

• The Div 7A implications of a UPE being treated as financial accommodation i.e. a loan and the alternative if the UPE is treated as an equitable entitlement, but not a loan
• The scope of Subdivision EA – UPEs
• The Commissioner’s view of when the anti-avoidance provision in s .100A could be applied to a present entitlement: TR 2022/4 and PCG 2022/2
• Options for advisers in respect of their clients’ UPEs

All TaxBanter tax training qualifies as eligible CPE/CPD hours.