2023 Section 100A

Practical application and implications of Section 100A – Part 2

Source: Victoria

Published Date: 5 Sep 2023

 

The ATO’s final guidance on section 100A was released on 8 December 2022 and includes changes that incorporated feedback received during public consultation. Using case studies, this practical session covers:

  • Where we’ve landed on section 100A, more than two year-ends on from the release of the ATO’s initial draft guidance in early 2022
  • Falling between the zones — when your clients’ arrangements differ from the ATO examples
  • Loans, gifts and undrawn amounts by family members — what is needed to demonstrate the beneficiary’s entitlement has been extinguished for their own benefit; and
  • What supporting documentation is required to explain the transactions that have happened and what is the risk of trustees recording too much?

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