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Insights
Analysis of recent decisions and developments
Technical commentary written for accountants, advisers and the private groups they act for. General information only — not advice.
State taxes
“I relied on my lawyer” is not a defence. Proof of advice is.
Reliance on an adviser only supports penalty and interest remission where the retainer, the question asked and the advice received are actually in evidence.
Division 7A
Bendel is decided. Now mind the window
The High Court has held an unpaid present entitlement is not a Division 7A loan. What it means, what must be unwound, and why 1 July 2028 changes things.
Trusts
Section 100A: when trust distributions come undone
How section 100A applies to trust distributions, what the ordinary family or commercial dealing exclusion requires, and what Guardian and BBlood decided.
Trusts
Five traps hiding in old trust deeds
Appointor dead-ends, no income definition, defective default clauses, foreign beneficiaries and missing streaming powers: five defects in older trust deeds.
Trusts
Trust vesting: the deadline hiding in a 1985 deed
When a trust vests, discretionary powers end, income splitting stops, CGT arises on transfer out, and duty may be triggered by the passage of time alone.
Also available
Published articles and fact sheets
Analysis published in Thomson Reuters Weekly Tax Bulletin, Accountants Daily, Accounting Times and The Tax Institute’s journals — plus short practical fact sheets for advisers to use with clients.
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