Division 7A issues of transferring property after relationship breakdown

03 August 2015 Topics: Family law, Tax and revenue, Tax disputes

Most property settlements following a relationship breakdown involve a transfer of assets and one of the parties being removed from any association with an entity.

This paper will outline the application of Division 7A of the 1936 Tax Act as it is relevant to relationship breakdowns, including when Division 7A may apply, the Commissioner’s view on the application of section 109J of the 1936 Tax Act and the ability of the parties to agree to frank a dividend that may occur due to the application of Division 7A.


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