Trust distributions considerations
Recent court cases and ATO guidance products present additional challenges for trustees when considering how to distribute trust income.
Mixed success for taxpayer in Guardian appeal provides little comfort for trusts
The Full Federal Court has handed down its decision in FCT v Guardian AIT Pty Ltd [2023] FCAFC 3 (“Guardian”) which considered the application of anti-avoidance rules to trust distributions to a corporate beneficiary.
ATO finalises guidance on the anti-avoidance provision dealing with trust distributions (section 100A)
The ATO has finalised draft guidance on the application of section 100A to trust entitlements, staying close to the original released earlier this year. The finalisation comes despite two cases (both for and against the Commissioner) currently on appeal to the Full Federal Court. The guidance provides a very stringent view by the ATO on what may fall within the scope of section 100A. This may create significant risks with respect to trust distributions that will need to be managed very carefully.
Leanne Martinez
Leanne has built and developed an exemplary career spanning 15 years in financial services. Her clients value her holistic advice that informs her strategic wealth creation solutions across all dimensions of family wealth including retirement planning, wealth creation and protection, self-managed superannuation and estate planning. Leanne is passionate about working alongside women, supporting them with […]
ATO releases guidance targeting trust distributions both retrospectively and in the future
The ATO has released a package of guidance materials (“Guidance”) targeting trust distributions under section 100A. The ATO outline that they could seek to apply section 100A where tax benefits are being obtained from arrangements in connection with such distributions.
ATO to treat new unpaid present entitlements as loans from 1 July 2022
The ATO has revised its view regarding unpaid present entitlements (“UPEs”) for Division 7A purposes that has been in effect since 16 December 2009. For UPEs arising on or after 1 July 2022, TR 2010/3 and PS LA 2010/4 will be withdrawn with the consequence that interest-only complying sub-trust arrangements will no longer be accepted.
Significant changes to Income Protection policies come into place from Friday, 1 October 2021
In the face of increasing losses and concerns of the financial sustainability of insurers, the Australian Prudential Regulation Authority (APRA) has required insurers to commit to several changes to income protection products as of October 1st, 2021.
Simon Montgomery
Simon prides himself on delivering advice covering a range of often complex financial matters in a simple way. This is important as his professional clients are time poor while others lack the experience to make the day to day decisions on their portfolio. As such they choose to delegate their portfolio operation to a trusted […]
Robert Prince
Robert Prince started his career in 1994 in finance in Hong Kong, before returning to Perth and becoming a Senior Wealth Adviser. His experience through multiple market cycles is combined with thoroughly researched investments and a client centric approach. This makes Rob a highly trusted adviser looking after multiple generations of his client’s financial affairs. […]
Chris MacKenzie
Chris leads the Pitcher Partners Sydney Insurance Services (PPSIS), a joint venture between Pitcher Partners Sydney and MBS Insurance, of which Chris is a Partner and Director. This joint venture gives PPSIS access to one of the largest distributors of life insurance policies in the Australian IFA market. Chris and the team are driven to […]