UPE liability risks remain despite ATO statement on Bendel, expert cautions
What happened
The ATO released an impact statement on the Bendel High Court decision and withdrew taxation determination TD 2022/1, but made clear other provisions including subdivision EA and section 100A remain active. The statement gives some comfort on one technical point but leaves unresolved exposures that make supplier liability and contract language operationally important. Watch for further ATO guidance or budget changes that could change the liability picture for trust‑related services
Why the category manager should care
Do not treat the TD 2022/1 withdrawal as a clean pass for trust work; continue to require supplier controls and explicit contractual liability allocation
Key facts
- ATO issued an impact statement withdrawing TD 2022/1
- Subdivision EA and section 100A remain under review
- Practitioner warnings to remain cautious about unpaid entitlements