Commissioner of Taxation of the Commonwealth of Australia v. Bendel & Anor
Case No.
M47/2025
Case Information
Lower Court Judgment
19/02/2025 Federal Court of Australia (Logan, Hespe and Neskovcin JJ)
Catchwords
Taxation – Statutory construction – Income Tax Assessment Act 1936 (Cth) – s 109D(3) – Loan – Deemed dividends – Discretionary trust – Where corporate beneficiary of a trust had a present entitlement which was unpaid – Whether present entitlement remaining unpaid was a loan for the purposes of s 109D of the Act – Whether a "loan" for the purposes of s 109D(3) of the Act is limited to circumstances where there is a transfer of an amount and an obligation to "repay" an identifiable sum – Whether it includes the situation where the trustee has resolved to distribute an amount to a beneficiary but the beneficiary consents or acquiesces to the amount being retained by the trustee and used for the purposes of the trust.
Documents*
12/06/2025 Determination
26/06/2025 Notice of appeal
31/07/2025 Written submissions (Appellant)
31/07/2025 Chronology (Appellant)
28/08/2025 Written submissions (Respondent)
18/09/2025 Reply
*The due dates shown for documents on this page are indicative only.