Bend It Like Bendel: What to do with UPEs

Get guidance on what your options are for unpaid present entitlements to companies post Full Federal Court decision re Bendel.

In this session, we cover:

• Division 7A: A game of loans

  • Historical corporate tax rates

  • Division 7A

  • Section 109UB

  • Subdivision EA

  • Subdivision EB

  • Section 109CA

  • Taxation Ruling TR 2010/3

• Bendel case

  • Background facts

  • Decisions made to date

• ATO Response

  • Interim Decision Impact Statement response

  • Media response

• Section 100A/Part IVA

  • Could Section 100A apply?

  • Section 100A - Elements

  • Is using a bucket company an ordinary dealing?

  • Could Part IVA apply?

• Practical Strategies/solutions

  • Use companies?

  • Restructure to eliminate UPEs?

  • Non-retention and retention situations

Date recorded: 3 June 2025