Anti-avoidance Capital Gains Tax (CGT) Debt

Dividend access shares

Source: South Australia

Published Date: 11 Oct 2012

 

The use of discretionary dividend shares or dividend access shares is a common tax planning arrangement used by taxation advisers to provide flexibility with regard to dividend distributions. The usefulness of dividend access shares is predominantly to provide an on-going  flexibility with dividend distributions, a method for dealing with retained earnings for asset protection purposes and succession planning exercises. There are however numerous taxation implications that need to be balanced against the usefulness, especially the value shifting provisions and Part IVA.

The taxation implications of the use of dividend access shares have been highlighted in the release of Taxation Alert TA2012/4. Based on this Tax Alert the future of dividend access shares will need to be carefully considered. This presentation gives an overview of the areas that need to be addressed when providing advice to clients as to the appropriateness of such share issues. In providing that overview, an objective discussion of the respective views on their use is provided. Of most importance, some guidance is given as to when the use of such shares are likely to fall within the areas of ATO concern set out in TA2012/4.

This presentation considers the following taxation issues:

  • value shifting
  • debt/equity
  • dividend streaming
  • dividend stripping
  • Part IVA
  • Division 152 implications.

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Individual Session

Dividend access shares

Author(s): Harry Patsias
Materials from this session:

Details

  • Published By: Harry Patsias
  • Published On:11 Oct 2012
  • Took place at:PwC Adelaide

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.

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Anti-avoidance Capital Gains Tax (CGT) Debt Equity Division 7A Imputation Shares 2012

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