Reimbursement arrangement s 100A

February 17, 2022

The Commissioner has lodged a notice of appeal to the Full Federal Court from the decision in Guardian AIT Pty Ltd ATF Australian Investment Trust v FCT [2021] FCA 1619.

The Federal Court (Logan J) had concluded that arrangements involving distributions of trust income to a corporate beneficiary, which in turn distributed dividends back to the trust, did not constitute a “reimbursement agreement” for the purposes of s 100A of the ITAA 1936 as the arrangements were part of ordinary family or commercial dealings.