Accessing Business Profits through an Interposed Partnership with a Private Company Partner – TA 2015/4

Accessing Business Profits through an Interposed Partnership with a Private Company Partner – TA 2015/4

On 12 November 2015, the ATO issued a Taxpayer Alert about arrangements where a purported partnership with a private company partner is used to enable individuals to access business profits without paying top-up income tax at their marginal rates of tax: TA 2015/4 (12 November 2015).

The ATO is currently reviewing arrangements where profits are claimed to be directed through a purported partnership that has a private company as a partner. Most of the profits are taxed to the private company at the corporate tax rate, but are accessed by one or more individuals without paying additional tax reflecting their higher marginal tax rate.

The ATO is currently undertaking a pilot compliance program reviewing a number of cases involving arrangements of this type and will be engaging with additional taxpayers over the coming months.

Should you be involved in arrangements of this kind, talk to your tax adviser to see if your arrangement could come under review by the ATO.

If you would like to discuss these changes and how they effect you further please contact us below:

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