ATO releases s100A and UPE draft guidance

February 24, 2022
The ATO has released a package of draft advice and guidance products, setting out its evolving view on the tax treatment of:
  • trust entitlements arising out of reimbursement agreements unde s100A
  • unpaid present entitlements (UPEs) of trust beneficiaries
  • when ‘financial accommodation’ arises under Division 7A
  • arrangements of concern where taxpayers are using adult child beneficiaries of family trusts to avoid tax on income.
The following draft products have been released:
  • Draft Taxation Ruling TR 2022/D1 Income tax: section 100A reimbursement agreements
  • Draft Practical Compliance Guideline PCG 2022/D1 Section 100A reimbursement agreements – ATO compliance approach
  • Draft Taxation Determination TD 2022/D1 Income tax: Division 7A: when will an unpaid present entitlement or amount held on sub-trust become the provision of ‘financial accommodation’?
  • Taxpayer Alert TA 2022/1 Trusts: parents benefitting from the trust entitlements of their children over 18 years of age

The products are being released together as a package because of the overlap of the tax treatment of entitlements to certain amounts from private trusts.