The recent release of a trio of tax guidance documents by the ATO addressing section 100A, has caused quite the stir amongst advisors and their clients. Of key concern is the apparent retrospectivity in which the Commissioner’s views expressed in these documents could be applied.
The recent release of a trio of tax guidance documents by the ATO addressing section 100A has been described as being the most significant development for trust taxation in almost 40 years. In this article we focus on a key shortcoming of the anti-avoidance provision.
Is a company that carried on an active equipment leasing business, with a turnover under $50 million, considered a base rate entity and therefore eligible for the lower corporate tax rate? Determining this mainly revolved around whether its base rate entity passive income was more than 80% of its assessable income for the year. Read on for more details.
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