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ATO finalises guidance on the anti-avoidance provision dealing with trust distributions (section 100A)

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The ATO has finalised draft guidance on the application of section 100A to trust entitlements, staying close to the original released earlier this year.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

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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 to treat new unpaid present entitlements as loans from 1 July 2022

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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 For UPEs arising on or after 1 July 2022, TR 2010/3 and PS LA 2010/4 will be withdrawn with the consequence that interest-only complying sub-trust arrangements will no longer be accepted.

Simon Montgomery

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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

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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. […]

Andrew Wilson

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Andrew is a Partner in the Private Wealth division at Pitcher Partners Sydney, where he specialises in investment strategies for business owners, high-net-worth family groups, and clients navigating liquidity events. He is recognised for his leadership in private wealth advisory and his ability to deliver tailored, strategic advice that aligns with clients’ long-term goals. Andrew […]

Scott Edden

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Scott is a proven leader and a trusted advisor. His breadth of experience spans taxation advice and assistance, financial analysis, business valuation advice, management reporting, budgeting and cashflow management. Scott has a special interest in helping business leaders identify real opportunities by understanding their unique story, appreciating their vision, challenging their thinking and building a […]

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