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DaveS05(Newbie)Newbie
26 Feb 2025

Hi,

I have a corporate structure for my companies. The structure is as followed.

I have a family trust which holds/owns the shares of an umbrella company. (Call it company A). Company A does not trade but only receives income from franked dividends from company B & C to which it owns both of.

Company B is an investment and property holding company, Company C is my day to day trading company.

I use franked dividends to move funds from company C to company B through company A after each financial year, with company A lending the funds to company B after it receives the dividends. This is for servicing loans and investing the money.

My accountant has suggested Company B charging company C for management fees of Company A, which helps avoid losing the extra 5% as a full franked credit. My question is what are the limitations, guidelines around this, as I understand that it would still result in the same gst and tax being paid from company B & C, but it avoids the extra 5% tax for the full franked credit in the meantime. What needs to be set up, is it legal? I just wanted to get some clarification around it. Not that I don’t trust my accountant, I don’t want to raise red flags for an audit

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854 views
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RachelATO(Community Moderator)Community Moderator
2 Apr 2025

Hi @DaveS05,


We have a response from our experts.


While a trading company can engage with an associated entity that's controlled by the same party, paying fees in exchange for services provided, risks can arise if the arrangement was made for obtaining a tax benefit. Whether such inter-entity arrangements are allowable will depend on the individual facts and circumstances of the situations.

 

You can read more here - Service entity arrangements | Australian Taxation Office.

 

You can also apply for tailored technical assistance or a private ruling if you need further guidance.

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Most helpful reply

RachelATO(Community Moderator)Community Moderator
2 Apr 2025

Hi @DaveS05,


We have a response from our experts.


While a trading company can engage with an associated entity that's controlled by the same party, paying fees in exchange for services provided, risks can arise if the arrangement was made for obtaining a tax benefit. Whether such inter-entity arrangements are allowable will depend on the individual facts and circumstances of the situations.

 

You can read more here - Service entity arrangements | Australian Taxation Office.

 

You can also apply for tailored technical assistance or a private ruling if you need further guidance.

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What are the requirements around charging intercompany management fees | ATO Community