The Section 100A Documentation Pack includes:
- a template letter enclosing a beneficiary instruction form for trustees to send to beneficiaries (for current year unpaid present entitlements (UPEs));
- a template letter enclosing a beneficiary instruction form for trustees to send to beneficiaries (for current year historical UPEs);
- a template cover letter for advisors to send to their clients; and
- accompanying user notes.
This practical resource is designed to minimise the risk of section 100A applying by clearly documenting that the beneficiary is aware of their trust entitlement and has made an independent decision on what to do with it.
These documents have been informed by the recent case law on section 100A (Guardian ATI and BBlood Enterprises), and take into account the latest ATO guidance (Taxation Ruling TR 2022/4, Practical Compliance Guideline PCG 2022/2 and Taxpayer Alert TA 2022/1).
These documents are not legal advice. If you require advice on the application of section 100A please contact Birchstone Tax Law.
Once you purchase the Section 100A Documentation Pack you will receive a link to download the template letters (in Microsoft Word format), with accompanying user notes. If you are an advisor, the Section 100A Documentation Pack can be used for all of your clients.