Description
BBlood Enterprises Pty Ltd v Commissioner of Taxation [2022] FCA 1112 (BBlood).
New Examples from the ATO for the application of 100A.
The application of section 100A has been one of prime focus for tax practitioners since the ATO issued its re-interpretation of the provision in February of this year. Whilst the appeal in Guardian AIT Pty Ltd ATF Australian Investment Trust v FCT [2021] FCA 1619 awaits the issue of the judgement, the courts have again addressed an interpretation of section 100A as it applies to corporate and trust restructuring in respect of BBlood. The court has provided further guidance on the application of the provision in relation to a ‘person not liable to tax’ in the context of the provisions and considered the meaning of what is an assessment more generally.
Further, crucially, the ATO have also issued new examples in relation to what constitutes a ‘green zone’ scenario ( i.e. where the ATO will not devote compliance resources to the transaction) in relation to section 100A. For example, a time lag between the distribution and the transfer of economic resources to the beneficiary – how does that apply? The application of 100A to testamentary trusts and when can distributions be made to a loss company?
Join Phillip London and Frank Drenth in discussion on this key topic.Recorded on Friday, 21 October 2022.
Presented by Phillip London and Frank Drenth
$99Â (members)Â | $132Â (non- members)
TPB CPD Hours:1 hour
