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.

Following the decision, this latest episode of TaxVibe delves into the details, exploring the implications. Robyn Jacobson and guest Neil Brydges, CTA, Principal at Sladen Legal, discuss the potential for further legal challenges and legislative changes, and how tax practitioners may navigate the resulting uncertainty.

And we'll continue the conversation with an expert panel at our member-only webinar on 25 March – members can head to our website to register! https://www.taxinstitute.com.au/events/member-webinars/2024-25-member-webinar-series

For more information about The Tax Institute: https://www.taxinstitute.com.au/