West Garbutt Principal - Director, Mark West has authored the following paper for Taxation in Australia Vol 56(11). This paper challenges the view that tax purpose limits the extent of the "ordinary family and commercial dealing" exclusion from the meaning of "reimbursement agreement" in s 100A of the Income Tax Assessment Act 1936. This “tax purpose based” view is central to the position reflected in the ATO’s TR 2002/D1 and PCG 2022/D1. But a disciplined analysis of the exact words of s 100A in the context of the approach to statutory interpretation prescribed by the High Court, and past case...

Lawyers Mark West and Alex Whitney, author the following paper which covers what is understood to be the current ATO view on, and also how to proactively manage and mitigate the risks in relation to, reimbursement agreements. This paper was presented by Mark West at the 2021 Queensland Tax Forum. To access this document, please click here : Trusts 100A - reimbursement agreements; identifying and reducing taxpayer risks ...