Two new cases before the Administrative Appeals Tribunal demonstrate how serious the Australian Taxation Office (ATO) is about making sure professional services firms - lawyers, accountants, architects, medical practices, engineers, architects etc., – are appropriately taxed.
In both cases, the ATO pursued the practices using Part IVA. Part IVA is an area of the income tax law that enables the
Tax Commissioner to attack schemes or arrangements undertaken to obtain a tax benefit, enabling him to cancel any benefit derived by the
scheme.
That is, you could have a legally viable structure in place but if the only purpose of that structure is to reduce tax, then the
Commissioner can use Part IVA to remove the tax benefit. And, if Part IVA applies, you may end up with an additional tax liability as
well as an administrative penalty of either 25% or 50% of the tax shortfall amount.
Broadly, the cases involved a solicitor who controlled a number of practice trusts that derived profits through marketing and facilitating
tax planning arrangements.
While the arrangement in each case was complex and involved a large number of steps, the practice trusts ensured their business profits
weren’t subject to tax by essentially making trust distributions on paper through a series of trusts and ultimately to either a company that
had existing tax losses, or a tax-exempt entity.
However, the real funds relating to the trust distribution (less a commission paid for the use of these entities) were ultimately
received by the solicitor or their associated entities in the form of a loan.
Professional practices have been in the ATO spotlight for many years now for the way they distribute profits. Back in 2021, the ATO
finalised its guidance on the allocation of professional firm profits, putting in place a series of risk ratings and gateway tests.
These two cases however demonstrate the ATO’s willingness to pursue the issue in the courts using the Commissioner’s powers in Part IVA.
For professional services firms, it’s important to be aware that there are several ways in which the ATO can potentially challenge
arrangements involving the distribution of profits from a professional practice. For example:
Smart Business Solutions Group is happy to provide a closer look at your current data to help you find more savings. We provide tailored services that allows you to get better results.
MP SHIRE SMALL BUSINESS FESTIVAL / LIVE WORKSHOP
Monday 24 August, 5:30-7:30pm
This practical, education-first session helps business owners cut through the confusion and take back control of their business insurance
decisions.
MP SHIRE SMALL BUSINESS FESTIVAL / LIVE WORKSHOP
Monday 10 August, 5:30-7:30pm
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owners understand AI and automation and shows how small businesses can use smarter tools to reduce manual work, improve accuracy and
create more capacity for growth.
Conference // 5 August, 2026 - ALL DAY EVENT
The B.I.T.E. Business Conference 2026 is the Mornington Peninsula’s premier event for bold business owners ready to rethink what’s
possible, reinvent how they operate, and reignite their growth. Hear from global keynote speakers including Grant Hackett, Andrew Griffiths
and Kate Christie plus local business innovators.
AI-Enhanced Automation for Accounting and Finance Professionals: Leveraging ChatGPT, Copilot & Claude for Innovation and
Productivity.
Join SkyBots’ 2-day Workshop in MELBOURNE with automation expert Daryl Aw to revolutionise your workflow using cutting-edge
Agentic AI tools including Chat GPT, Claude, CoPilot and Gemini. This workshop is built for accountants,
bookkeepers, finance teams, and business owners who want to move beyond basic prompts and turn AI into a reliable, ethical, and practical
system for everyday work.
AI-Enhanced Automation for Accounting and Finance Professionals: Leveraging ChatGPT, Copilot & Claude for Innovation and
Productivity.
Join SkyBots’ 2-day Workshop in BRISBANE with automation expert Daryl Aw to revolutionise your workflow using cutting-edge Agentic
AI tools including Chat GPT, Claude, CoPilot and Gemini. This workshop is built for accountants, bookkeepers, finance teams,
and business owners who want to move beyond basic prompts and turn AI into a reliable, ethical, and practical system for everyday work.
WEBINAR // 28 May, 2026 - 12:30 - 1:15pm
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Can’t make it live? Register anyway - all registrations will receive access to the recording to your inbox.
Lunch & Learn Workshop // 22 May, 2026 - 12:00 - 1:30pm
$35pp includes lunch
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In this episode of The Accountant That Builds, Shannon Smit explores what financial literacy really means and why it matters so much for everyday Australians. She breaks the concept down in practical, real life terms and explains why so many capable, intelligent people still feel confused, overwhelmed, or behind when it comes to money.
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Everyone wants to pay less tax, right? To do that you need to know what you can claim… and what you can’t.
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Lunch & Learn Workshop // 27 March, 2026 - 12:00 - 1:30pm
$35pp includes lunch
Many business owners are surprised to learn that most businesses don’t fail because they’re unprofitable - they fail because they run
out of cash. This session is designed to change that. Cashflow Essentials is a
practical workshop that shows you how cash really moves through your business, why cash pressure happens, and how to stay in control
- even while you’re growing.
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AI-Enhanced Automation for Accounting and Finance Professionals: Leveraging RPA, VBA, ChatGPT, and Copilot for Innovation and
Productivity.
Join SkyBots’ 2-day Workshop in PERTH with automation expert Daryl Aw to revolutionise your workflow using Power
Automate, UiPath, VBA,
and cutting-edge
Agentic AI. Tailored for accounting and finance professionals, bookkeepers and small business owners,
this hands-on training will teach you to automate repetitive tasks, generate and optimise VBA scripts, and deploy robust automation
solutions independently.
The ATO has released Draft Practical Compliance Guideline PCG 2026/D2, and it’s very clear where they’re focusing next, property development structures, particularly where land ownership and development activities are split.
Tax planning is more than just a financial necessity—it's a strategic advantage for businesses of all sizes. By proactively managing your tax strategy, you can significantly reduce your liabilities, enhance cash flow, and ensure full compliance with ever-evolving tax regulations.