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.
Please note: This event is not until March 2027 — AI agent technology is moving fast, so the workshop content will continue to evolve to bring you the latest of what is happening in the AI agent space.
AI-Enhanced Automation for Accounting and Finance Professionals: Leveraging ChatGPT, Copilot & Claude for Innovation and
Productivity.
Join SkyBots’ 2-day Workshop in MORNINGTON 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 GOLD COAST 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 MORNINGTON 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.
INVESTOR BRIEFING — JOINTLY PRESENTED BY SMART BUSINESS SOLUTIONS & AREA SPECIALIST
Tuesday 27 October, 5:30-7:30pm, $20 per person, Mornington Yacht Club, Mornington
The property rules changed — negative gearing, capital gains and more. Join SMART Business Solutions and Lauren Wild of Area
Specialist for a joint evening briefing on the 2026 tax reforms for residential property investors, plus live residential and commercial
market updates from two local experts. Find out whether the changes affect you — and what is worth doing before 1 July 2027.
Reserve a seat »
Lunch & Learn Workshop // Thursday 22 October, 2026 - 12:00 - 2:30pm
$110 (incl. GST)pp includes lunch & drink on arrival (this is just cost! be prepared for a wonderful lunch)
Bridging the gap between legal and financial expertise in family law. Many practitioners see the legal issue, but the strongest
outcomes for separating clients come from understanding the numbers behind the matter. This practical session provides family lawyers with
the financial fluency to spot issues early, guide clients with confidence, and collaborate more effectively with accountants and financial
advisers.
Fundraising Evening // 9 October, 2026 - 5:30 - 7:30pm
$35pp includes a welcome drink & nibbles
An evening of networking, meaningful conversation and fundraising with Wayne Holdsworth, supporting the vital work of SmackTalk and helping
create safer online communities.
LIVE INFORMATION EVENING
Wednesday 7 October, 5:30-7:30pm
Most families don't start thinking about retirement living or aged care until they're forced to make decisions quickly. Join us for an informative evening covering retirement living, future care planning, downsizing considerations, aged care costs, estate
preservation and strategies to help families make informed decisions before they become urgent. Designed for retirees, adult children and families looking to better understand their options and plan ahead with confidence.
Lunch & Learn Workshop // 18 September, 2026 - 12:00 - 1:30pm
$35pp includes lunch
Many business owners believe growth comes from more sales. But in reality, the strongest and most profitable
businesses grow by improving how the business works, not just by selling more. This session is designed to change that. The
5-Critical Financial Metrics
is a practical workshop that shows you where small, targeted changes can create disproportionately big improvements in profit, cashflow and
sustainability.
Hiring entertainers, promotional staff or event contractors for your Christmas function could create superannuation obligations you didn't expect.
Helping a family member buy a property may seem straightforward, but the way ownership is structured today could have significant tax consequences years down the track.