ATO Alert Targets Company Loans
Monday, March 7, 2011
The Australian Tax Office (ATO) has recently released a Taxpayer Alert warning taxpayers of arrangements involving loans to members of a company limited by guarantee (LBG company) and the operation of Division 7A of the Income Tax Assessment Act 1936 (ITAA36).
Under these arrangements a LBG company is established to receive income distributions from a trust and then lend that money to directors, members or associates of that company or related parties. Minimal or no interest or principal is paid on the loans, however the Commissioner has stated that the Tax Office is concerned that some people are utilizing these arrangements to obtain income from their trusts without having to pay the required amount of tax.
The alert applies to arrangements with features substantially equivalent to
- A company limited by guarantee (the LBG company) is set up and becomes a
beneficiary or an object of a trust (the Trust);
- The Trust distributes net income to beneficiaries including the LBG company.
The distribution to the LBG company may have franking credits attached;
- The LBG company pays tax on the distributions at the company tax rate (30%);
- The LBG company makes loans to directors, members or associates of the LBG
company or related parties to the directors, members or associates (the borrower);
- The borrower does not include the value of the loans in their assessable
income in the year in which they are received;
- The borrower pays minimal or no interest to the LBG in relation to these
- Aside from the perceived beneficial tax treatment, there is little or no
commercial reason for the establishment of a limited by guarantee company.
The Tax Office has indicated that anyone who has participated in such arrangements should come forward prior to April 30, 2011 before they are contacted, and that if they do so, there may be reductions in any penalties imposed by the Tax Office.
IoM Consults On Funds Sector Rules
The Isle of Man Financial Services Authority, which supervises the island's financial services sector, is seeking feedback on draft guidance dealing with the governance of collective investment schemes.
Dubai Tax-Free Zone Seeing New Business From India
The Dubai International Financial Centre, the leading financial hub in the United Arab Emirates, has become an increasingly popular destination for Indian banks, financial institutions, and fund managers, the zone has said.
Guernsey Issues Warning On 'Sark Company Registry'
The Guernsey Financial Services Commission has issued a warning concerning an entity named "Sark Company Registry," while investigations are ongoing.
Abu Dhabi Free Zone Hopes To Attract Venture Capital Firms
Abu Dhabi Global Market, the low-tax international financial center, has unveiled a regulatory framework for managers of venture capital funds.
Australian Budget Targets Housing, Tax Compliance
Australian Treasurer Scott Morrison's 2017 Budget focused on measures to cool the housing market and crack down on tax avoidance.
Australia Delays Action On Stapled Structures
The Australian Government has decided to extend a review into the taxation of stapled structures. It will not tackle the issue at the upcoming Budget.
BVI Financial Firms Need To Develop New Niches
BVI Finance, the financial services industry promotional agency, has said the industry must actively adapt to target new opportunities and promote new offerings internationally.
ADGM Revises Pooled Fund Capital Req's
Abu Dhabi Global Market, the low-tax international financial center, has revised the capital requirements applicable to managers of collective investment funds, with effect from April 10, 2017.
ADGM Consults On Allowing REITs
Abu Dhabi Global Market, the low-tax international financial center, is consulting stakeholders on plans to allow the establishment of private real estate investment trusts.
Gibraltar To Offer Foundations
Gibraltar's Parliament recently passed a bill permitting the establishment of Private Foundations.
Gibraltar Acts To Preserve QROPS Status
Gibraltar has made new pension regulations to maintain its attractiveness as a jurisdiction from which to transfer UK pensions.
Australia Consults On Taxation Of Stapled Structures
The Australian Treasury has launched a consultation on the tax consequences of the re-characterization of trading income derived through the use of stapled structures.
Australian DPT Legislation Passes Senate
The Australian Senate has passed legislation to introduce a diverted profits tax from July 1, 2017.
Guernsey Funds Sector Grew In 2016
The total value of funds business in Guernsey grew by more than GBP28bn (USD32.5bn) last year.
New Zealand Explains Foreign Trust Disclosure Changes
New Zealand has published guidance on the increased disclosure requirements for foreign trusts with New Zealand-resident trustees.