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Shaun Cartoon

The ATO ‘loan’ rules all wealthy families should know

Complex Division 7a penalties on some trust payments to companies are still catching many by surprise – even though they started almost 30 years ago.

As wealthy families brace themselves for increased scrutiny from the Australian Taxation Office after June 30, one part of the family group structure is looking particularly vulnerable – companies falling foul of Division 7A.

This is the scenario I commonly see: decades ago, when mum and dad were establishing their first company or trust to start a business, the business was run on the smell of an oily rag and they never considered the possibility it would one day be wildly successful.

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Shaun Cartoon is a partner in Arnold Bloch Leibler’s tax practice.

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    Original URL: https://www.afr.com/wealth/personal-finance/the-ato-loan-rules-all-wealthy-families-should-know-20240618-p5jmnk