The ATO’s final guidance on section 100A was released on 8 December 2022 and includes changes that incorporated feedback received during public consultation. Using case studies, this practical session covers:
- Where we’ve landed on section 100A, more than two year-ends on from the release of the ATO’s initial draft guidance in early 2022
- Falling between the zones — when your clients’ arrangements differ from the ATO examples
- Loans, gifts and undrawn amounts by family members — what is needed to demonstrate the beneficiary’s entitlement has been extinguished for their own benefit; and
- What supporting documentation is required to explain the transactions that have happened and what is the risk of trustees recording too much?