Bendel decision – precedent set or questions remain?
Tuesday 25 March 2025 | 12:30-2:00pm AEDT
For the past 16 years, the question of whether an unpaid present entitlement (UPE) is a loan for Division 7A purposes has challenged the tax profession. Now, in a landmark ruling, the Full Federal Court has delivered its judgment in Commissioner of Taxation v Bendel [2025] FCAFC 15 (Bendel)—confirming that a corporate beneficiary’s UPE is not a loan for Division 7A purposes. This finding has significant implications for taxpayers, tax practitioners and the ATO, as we assess its broader impact across the profession.
In this session with Paul Sokolowski, CTA, who represented the taxpayer in the Bendel appeal, Fiona Dillon, CTA who will provide the ATO’s perspective, and Tracey Dunn, the panel will discuss:
- What did the Full Federal Court say?
- What does the Bendel decision mean for clients’ arrangements?
- How does the Bendel decision impact on past UPEs that have been treated as loans?
- Next steps:
- Potential High Court appeal
- The ATO’s administrative approach to objections
- Potential legislative change
- Other considerations including the application of section 100A.
Presenters:
Paul Sokolowski, CTA, Arnold Bloch Liebler
Fiona Dillon, CTA, Australian Taxation Office
Tracey Dunn, EY
Robyn Jacobson, CTA, The Tax Institute
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