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Recorded Webinars

Recorded Webinar: Are Your Trust Distributions Ticking Tax Time Bombs?

A reasonable period of time has elapsed since the ATO issued its guidance material (TR 2022/4 and PCG 2022/2) on the application of Section 100A, dealing with reimbursement agreements. So, where are we now at with this contentious section of the 1936 Act and the ATO's compliance a
PRESENTED BY Neil Brydges Principal Lawyer - Sladen Legal , Melbourne

Date/Time

About the Webinar

A reasonable period of time has elapsed since the ATO issued its guidance material (TR 2022/4 and PCG 2022/2) on the application of Section 100A, dealing with reimbursement agreements. So, where are we now at with this contentious section of the 1936 Act and the ATO's compliance approach in practice? This session investigates further, including:

  • A review of the requirements that indicate a trust distribution could be subject to section 100A
  • The tax consequences for the trustee and beneficiary if Sec. 100A is triggered
  • Potential issues if a present entitlement to a trust distribution:
    • remains unpaid - how long could be too long and what to do if it is
    • is to individuals or entities to utilize tax losses
  • Do records need to be maintained to document:
    • a beneficiary's acknowledgement of a distribution?
    • the use of the funds that a beneficiary is presently entitled to?
  • How the ATO is allocating its resources to trust distributions and the application of Sec. 100A (PCG 2022/4)
  • How the amendment period for the application of section 100A can make it:
    • a more useful tool to the ATO than Part IVA
    • a higher risk issue for tax practitioners and trustees
  • Tips to stay on the right side of Sec. 100A
  • Practical examples drawing a line between when Sec. 100A may or may not apply 

Presented By

Neil Brydges
Principal Lawyer, Sladen Legal Melbourne, Vic

Neil Brydges is a Principal Lawyer in Sladen Legal’s tax group. Neil practises in all areas of direct and indirect tax with a particular focus on the taxation of trusts, deceased estates, income and capital gains tax, and Division 7A.

Neil has also advised extensively on cross border taxation issues and the implications of transactions and dealings in the development of property. Using his technical tax knowledge, Neil works with clients to obtain commercial and practical outcomes. He has particular experience in dealing with the Australian Taxation Office on complex tax issues in a dispute resolution context.

Neil is a keen and active member of the tax community. As well as presenting on tax topics at various sessions, he has authored and co-authored several published articles, papers, and bulletins. Neil is a member of the Tax Committee of the Law Council of Australia, an Accredited Specialist in Taxation Law and is a member of the Tax & Revenue Law Committee with the Law Institute of Victoria and a Chartered Tax Advisor and member of the Dispute Resolution Technical Committees with The Tax Institute.

Who Should Attend?

This webinar is suitable for accountants and lawyers advising in taxation matters – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Accountants can claim up to 1 CPD hour. Lawyers can claim up to 1 CPD unit/point – substantive law. This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

While TEN takes all reasonable care to include accurate and up-to-date information regarding CPD category classifications and compliance obligations, information regarding CPD point allocation are provided as a guide only. Allocation of CPD points is subject to the CPD requirements of your jurisdiction, personal circumstances and professional requirements. You are solely responsible for determining whether a particular product is appropriate for your CPD requirements.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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