From sladen.com.au: The article discusses the implications of the Bendel decision on the treatment of unpaid present entitlements (UPEs) owed from a unit trust to a self-managed superannuation fund (SMSF) under the Superannuation Industry (Supervision) Act 1993 (SIS Act).

It argues that UPEs should not be considered loans and instead represent debtor/creditor arrangements, contrasting the Commissioner’s view that they can qualify as loans.

Additionally, it highlights ongoing legal proceedings related to this interpretation, with the Australian Taxation Office seeking to appeal the Bendel decision.