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‘Game changer’ tax ruling may lead to refunds for family trusts

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A landmark decision challenging the Australian Taxation Office’s rulings on trusts could trigger appeals by taxpayers who have had their assessments amended to increase their tax during the past 14 years.

It comes after the Administrative Appeals Tribunal (AAT) rejected the ATO’s argument that accountant Stephen Bendel’s $1.3 million in unpaid trust entitlements was a loan under Division 7A of the Income Tax Assessment Act, which is intended to stop profits going tax-free to private company shareholders.

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Duncan Hughes is a Walkley award-winning personal finance reporter, based in our Melbourne newsroom. Connect with Duncan on Twitter. Email Duncan at duhughes@afr.com.au

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    Original URL: https://www.afr.com/wealth/personal-finance/game-changer-tax-ruling-may-lead-to-refunds-for-family-trusts-20231009-p5eay5