2012

Division 7A & UPEs - Crunch Time is Now!

Source: Western Australia

Published Date: 9 Mar 2012

 
Crunch time for dealing with unpaid present entitlements (UPEs) arising after December 2009 is upon us. Lodgement due dates for 2011 tax returns potentially trigger negative tax consequences for UPEs arising in the 2009/10 income year which have not been properly dealt with. It is vital for practitioners dealing with UPEs to have a strong understanding of the ATO's position on these and a plan for managing their clients' exposures.

The ATO's ruling TR 2010/3 and Practice Statement PS LA 2010/4 have significant implications for clients operating a family trust with a corporate beneficiary. The Tax Institute was fortunate to have secured two senior ATO presenters for this event who explainrf the ATO's position, in addition to senior tax practitioners who examined the implications of the ATO's views.

The emergence of the UPE issue also provides an opportunity for practitioners to revisit some of the mechanics and provisions of Division 7A which may have been overlooked in the past, as well as some other recent changes to the legislation. This event covered recent changes to Division 7A as well as focussing on the "sleeper"? issue of calculation of a company's distributable surplus.

Please note that the paper presented by Ross Prosper was written by Greg Nielsen and was originally presented at the Tasmanian Convention 2011 on 13 October and can be downloaded there.

Recent changes to Division 7A

Author(s): Ross Prosper CTA
Materials from this session:

Division 7A & UPE's - Practical examples

Author(s): Tom Hodgkins , Michael Gastevich

Practice statement PSLA 2011/19 - Exercise of the Commissioner's discretion under Section 109RB

Author(s): Mathew Umina

Division 7A & UPE's

Author(s): Tom Hodgkins , Michael Gastevich
Materials from this session:

Distributable surplus

Author(s): Grant Ainscoe

Interposed entities - Tips and traps

Author(s): Fiona Dillion

Details

  • Published On:9 Mar 2012
  • Took place at:Citigate, Perth

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research critisism or review, as permitted under the copyright Act, no part may be rerpoduced by any process without written permission from The Tax Institute.

Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

This material is copyright. Apart from any fair dealing for the purpose of private study., research, critisism or review, as permitted under teh copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.

Unless expressly stated, opininons are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

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