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Division 7A revisited paper

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Published on 07 Oct 05 by VICTORIAN DIVISION, THE TAX INSTITUTE

The recently expanded provisions of Division 7A must be considered carefully to ensure the tax law doesn't deem a shareholder or associate to have received a dividend.

In this paper, the recent trust enactments will be reviewed, as well as some other areas that are usually overlooked but can have serious repercussions, including:

  • new Subdivision EA
  • affirmation of operation of s109UB
  • just what are 'loans' and 'payments'
  • specific issues for SMEs
  • statute barred loans.

Author profile

Arthur Athanasiou CTA-Life
Photo of author, Arthur ATHANASIOU Arthur Athanasiou, CTA (Life), is an Accredited Tax Law Specialist and Principal of AGA Legal Pty Ltd. He is a highly competent and well-respected tax lawyer with 30 years’ experience. While he provides clients with tax and structuring advice, his main area of focus is in resolving tax disputes with the ATO and SRO and settling tax audits. Arthur also practises in matters involving tax agents and inquiries by the Tax Practitioners Board including appealing adverse TPB decisions. His practice also extends to white-collar crime, and other taxation offences. He also has a Deceased Estates practice. Arthur has qualified as a Chartered Accountant and is a former President of The Tax Institute. He has been appointed as an Adjunct Professor at La Trobe University Law School and chaired the Law Institute’s Tax Law Advisory Committee for a decade. Arthur has been recognized by Doyle's Guide who has recognized him as a "Leading Lawyer, Tax Law, Victoria" multiple times (2016, 2018-2024) and a "Recommended Lawyer, Tax Law, Victoria" (2015, 2017). Best Lawyers Peer Review recognised him as "Best Lawyer Trusts and Estates" (2022-2026) and for his work in Tax Law (since 2023). He is a widely published writer on taxation issues and regularly appears in mainstream media and presents at tax conferences and seminars. - Current at 03 June 2025
Click here to expand/collapse more articles by Arthur ATHANASIOU.

 

This was presented at 44th Victorian State Convention: Surfing the Wave .

Get a 20% discount when you buy all the items from this event.

Individual sessions

Tax advisings in practice - where is the line to be drawn and how do you draw it?

Author(s):  Ken SPENCE,  Simon HAINES

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Part IVA and Division 165: where are we now and where are we heading?

Author(s):  Richard F EDMONDS

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Division 7A revisited

Author(s):  Arthur ATHANASIOU

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Income tax treatment of property development and investment

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Tax: divorce and property settlements

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Capital structuring for corporate groups

Author(s):  Gordon THRING

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Remuneration and employment taxes

Author(s):  Sarah BERNHARDT,  Suzanne HOLSTEIN

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Tax cases, rulings and announcements that have changed the tax landscape

Author(s):  Keith JAMES

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CGT concessions - tips and traps

Author(s):  Wayne NGO

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Australian international taxation: recent developments and practical implications

Author(s):  Anthony KLEIN,  Liam COLLINS

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Property - indirect taxes and GST

Author(s):  Zoe CHUNG

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Superannuation and pension strategies

Author(s):  Daniel BUTLER

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Service Trusts

Author(s):  John W DE WIJN

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Further details about this event:

 

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