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Business Structures

Choosing a business structure as you grow

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Advanced business structuring and succession planning can create significant tax advantages and wealth preservation opportunities. However, with the ATO’s heightened focus on privately owned wealthy groups and increased penalties for non-compliance, these strategies require expert implementation and ongoing management. ATO Focus on Advanced Structures $999 Million Compliance Funding The Government has allocated $999 million over … Read more

Bendel case: unpaid present entitlements are not Division 7A loans

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A judge's gavel on a desk with legal documents, symbolizing the Bendel case decision on Division 7A and tax law.

The Full Federal Court has ruled in Commissioner of Taxation v Bendel [2025] FCAFC 15, confirming that unpaid present entitlements (UPEs) owed to corporate beneficiaries are not loans for Division 7A purposes. This decision has significant implications for trust structures and tax planning, potentially overturning the ATO’s long-standing position. What Was the Issue? Since December … Read more