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Barossa Online – SME Tax Technical: The increasing use and threat of Section 100A | Session 2 Webinar

Monday, 25 May 2020 - 12:00 AM to
Monday, 25 May 2020 - 12:00 AM
Online
     

Registration Time: 00:00:00 AM

Member Price: $70.00

Non Member Price: $90.00

CPD hours:1.00

Session 2: The increasing use and threat of Section 100A

The ATO’s increasing compliance activity around section 100A has serious implications for every day clients. But the legislation has not changed – so why the change in administration? Advisers await the ATO’s new ruling with great anticipation. This session will look at what section 100A is really about, including the “original family dealing” exception, and whether the ATO’s increased activity is justified. In particular this session will:

  • Examine the “state of the [tax] Nation” in Australia in June 1978 when the Government first announced the introduction of section 100A
  • Provide a summary and overview of section 100A’s provisions
  • Review the origin of the expression “ordinary family and business dealing” and the difficulties associated with identifying “ordinary” family dealings
  • Refer briefly to the cases that have considered section 100A
  • Hypothetically ask how the great Lord Denning M.R. would approach the issue in 2020
  • Discuss the ATO’s public statements and examples regarding section 100A, including the new ruling expected before the Barossa Convention
  • Conclude with some observations on the possible way forward.

Presenters: Michael Butler, CTA, Finlaysons

Michael Butler, CTA, is the Partner in charge of the Finlaysons Tax & Revenue Group. Michael advises domestic and foreign clients on federal, international and state tax matters, and has a special interest in property taxation, corporate restructurings, small business CGT reliefs, cross-border investment, trusts, and estate & succession planning.

Michael is a past chair of The Tax Institute’s South Australian State Council and a regular contributor to Institute events.