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Federal Court delivers landmark win for taxpayers in Division 7A case

Taxation
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Today, the Full Court of the Federal Court handed down its much anticipated decision in Commissioner of Taxation v Bendel [2025] FCAFC 15.

The Court found that an unpaid present entitlement owed by a trust to a corporate beneficiary was not a “loan” for the purposes of Division 7A. This landmark, unanimous, decision was a resounding win for the taxpayer, and private groups across Australia. Arnold Bloch Leibler’s tax team represented the taxpayer in the appeal. 

A full outline of the judgment and its implications will be made available shortly.

Arnold Bloch Leibler is the tax controversy sector leader in end-to-end management of taxation disputes and litigation arising from ATO compliance activities and audits.