TaxBanter September 2026 Special Topic: UPEs post the Bendel decision

Subject to the outcome of the High Court appeal, we will consider the Div 7A implications of a UPE being treated as financial accommodation and the scope of Subdivision EA – UPEs 

The Full Federal Court’s decision in February 2025 that a ‘loan’ for the purposes of s. 109 in Div 7A of the ITAA 1936 did not extend to unpaid present entitlements (UPEs) – i.e. it was not financial accommodation – generated widely varying responses: 

• The Commissioner was unmoved – the interim decision impact statement tells us that, pending the High Court’s decision, it is business as usual and anyway, the anti-avoidance provision in s. 100A of the ITAA 1936 could apply 
• Some tax advisers were ready to object to any unfavourable decisions based on the Commissioner’s now impugned view which the ATO had issued to their clients  
• Other tax advisers lamented the potential prospect of having to deal with UPEs under Subdiv EA 

In this session we consider, subject to the outcome of the High Court appeal: 

• The Div 7A implications of a UPE being treated as financial accommodation i.e. a loan and the alternative if the UPE is treated as an equitable entitlement, but not a loan 
• The scope of Subdivision EA – UPEs 
• The Commissioner’s view of when the anti-avoidance provision in s .100A could be applied to a present entitlement: TR 2022/4 and PCG 2022/2 
• Options for advisers in respect of their clients’ UPEs. 

Investment

Individual - $195 ex GST incl
Team - $585 ex GST (up to 6 team members)

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Date & Details

Wednesday, 2 September 2026

11:00am - 12:30pm AEST (NSW, QLD, VIC, TAS, ACT)
10:30am SA, NT
9:00am WA

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