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ARTICLE · 19 DECEMBER 2018

Proposed changes to the tax monster that is Division 7A

Treasury released a Consultation Paper posing, in reality, 22 issues upon which they wanted to hear from stakeholders.

AustraliaTax

Submissions to Treasury

Submissions have now closed to Treasury concerning their Consultation Paper "Targeted Amendments to Div. 7A Integrity Rules" (October 2018 – Consultation Paper).

Whilst it is hoped that the submissions to Treasury may finally provide some worthwhile improvements to Div. 7A, the fact that this whole process started in May 2012, and as of today, the limited proposed amendments still lack the required detail, there is little doubt that the monster Div. 7A has turned into, is not about to be constrained.

Div 7A replacement to s108 in 1997

When Div. 7A was introduced in 1997 to replace section 108, dealing with the release of private company profits to shareholders (or associate of shareholders), they seemed to be largely sensible measures that would allow a taxpayer to self-assess whether they had a deemed dividend, rather than the Commissioner having to form an opinion that there had been a release of profits before section 108 applied.

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