Section 100A – Navigating the Minefield
Overview
A detailed examination of section 100A, including when and how it applies and how to avoid its application.
Section 100A of the ITAA 1936 is an anti-avoidance provision which has sprung to the forefront of the minds of tax advisers, trustees and beneficiaries in recent years. Widely misunderstood, it can nevertheless apply to a range of transactions involving family trusts, especially if the trust income has been appointed between members of the family group.
This session will explore the background and contemporary interest in Section 100A. Amongst the matters covered will be:
- Legislative background to Section 100A
- Why has it become so prominent recently?
- A look at recent ATO guidelines: TR 2022/4, PCG 2022/2, TA 2022/1
- In what circumstances does section 100A apply?
- In what circumstances does section 100A not apply?
- Examples where section 100A is a risk
- Ordinary family dealings exception – what is it and how can it apply?
- How are the ATO applying section 100A?
- Practical tips on how to avoid Section 100A
- Interaction with Division 7A
Learning Outcomes:
This session will provide a comprehensive guide to section 100A, enabling tax advisers and their clients to avoid stepping into the minefield.
Suited to:
Suited to accountants and tax professionals with clients who have family trusts or the trustees of those trusts who hope to get ahead in their understanding of how tax law applies to them.
This On Demand Includes:
- Recording of the Live Webinar, which can be viewed multiple times
- PowerPoint Presentation
- Verbatim Transcript, with Searchability
- Supporting Documentation
- CPD Quiz
- CPD Certificate
Course syllabus
3 lessons
- Video – Section 100A – Navigating the MinefieldVideo
- Feedback Survey 2024Survey
- Knowledge QuizTest
Your presenter
Mark ChapmanH&R Block
is the author of Life and Taxes: A Look At Life Through Tax and has edited and updated the second to the sixth editions of Australian Practical Tax Examples, published between 2019 and 2023 by Wolters Kluwer CCH Australia.
He has over 25 years’ experience as a tax professional in both the UK and Australia, specialising in tax for small business and individuals. He is a fellow of the Institute of Chartered Accountants in England and Wales, a fellow of CPA Australia and a member of the Chartered Institute of Taxation. He holds a Master of Taxation Law with the University of New South Wales.
Since 2015, Mark has been Director of Tax Communications with H&R Block Australia. He writes regularly on tax issues for numerous media outlets and presents on topical tax topics at seminars and other events. He broadcasts frequently on radio and television and writes a regular column for Money Magazine and Yahoo7 Finance. As a tax practitioner in the UK, he occupied several senior positions before moving to Australia in 2007 to join the Australian Taxation Office (ATO) as a senior director.