Anti-avoidance Division 7A Trusts

Division 7A and UPEs

Source: New South Wales

Published Date: 13 Nov 2012

 

Sorry, this content is for members only.

To get access to this and 25,000 other premium articles, books, videos and webinars sign up toour members program.

Already a Member? Login Now

Already a Member? Login Now

Since the ATO changed its stance on private company UPEs (amounts owed to corporate beneficiaries) on 16 December 2009 the application of the rules in Division 7A to trusts and beneficiaries has become more much more complicated. This paper covers what you need to know when:

  • You have quarantined pre-16 December 2009 private company UPEs – did you know that they can cause section 109XB to apply to loans to shareholders and associates in the corporate beneficiary?
  • You have to decide between paying down a private company UPE, putting in place a loan agreement, or using a sub-trust arrangement – did you know that as long as you manage the cash-flow implications, a sub-trust is often best?
  • You have put in place a written loan agreement and the private company UPE is later paid out – did you know that this doesn't remove the requirement to make minimum annual repayments?
  • You have no pre-16 December 2009 private company UPEs – did you know that there is no longer a real potential for Division 7A deemed dividends to arise where a shareholder borrows money from the trust?
  • There is a potential unreported Division 7A deemed dividend – did you know that because there is no debit to the franking account when there is a deemed dividend, that the deemed dividend rules only create a timing issue, and not a real tax burden, in most cases where there are deemed dividends?

Individual Session

Division 7A and UPEs

Author(s): Michelle Hartman , Andrew Martin
Materials from this session:

Details

The material is copyright. Apart any fair dealing for the purpose of private study,

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.

Tags

Anti-avoidance Division 7A Trusts 2012

Share this page