A friend’s accountant suggested that they could reduce interest on non-deductible debt by using company cash to offset their personal
mortgage, then transferring the cash back by 30 June. Is this an acceptable strategy?
This might initially sound like a brilliant strategy but what is really happening is that you are using company funds to derive a personal
benefit. Doing this once might not attract attention, but doing this more than once might trigger a deemed unfranked dividend under Division
7A. Section 109R is designed for scenarios like this.
If this occurs, the repayment you made will be ignored, meaning that a deemed dividend could be triggered in relation to the funds
initially borrowed from the company unless a complying loan agreement is put in place, in which case minimum loan repayments would need
to be made to prevent a deemed dividend from arising.
For example, let's assume you are a shareholder of the company (or an associate of a shareholder) and you borrow money from the company on 1
July 2022. This loan would generally fall within the scope of Division 7A, but a deemed dividend can be avoided if the loan is fully repaid
by the earlier of the due date and actual lodgement date of the company's 2023 tax return.
However, if you repay the loan but it appears that you intend to borrow a similar or larger amount from the company when making the
repayment then the repayment can be ignored. The main exception to this is where the repayment is made in a way that is taxable to the
individual (e.g., dividends or directors’ fees are set-off against the loan balance).
One of the most common situations where section 109R could apply is where funds are taken from the company bank account and placed into a
director's home loan offset account.
Even if the funds are transferred back to the company before the end of the year, there is a significant risk of section 109R applying if the pattern repeats. That is, the money will be treated as a dividend and taxed as assessable income.
Give us a call or email if you'd like help to understand what this means for you and your business.
After overwhelming demand and sold-out sessions in Perth, Brisbane, Sydney, Melbourne and Mornington in 2025, we’re inviting expressions of interest for 2026. If you missed out earlier or are ready to dive into hands-on automation training, we’re considering additional sessions in various locations across Australia in 2026.
LIVE 2-DAY COURSE - MELBOURNE CBD
15 & 16 December 2025
Join SkyBots’ 2-day Workshop with automation expert Daryl Aw to revolutionise your workflow using Power Automate, UiPath, VBA,
and cutting-edge AI tools like Copilot and ChatGPT. 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.
LIVE 2-DAY COURSE - SYDNEY
11 & 12 December 2025
Join SkyBots’ 2-day Workshop with automation expert Daryl Aw to revolutionise your workflow using Power Automate, UiPath, VBA,
and cutting-edge AI tools like Copilot and ChatGPT. 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 is tightening the screws. They’ve issued a clear warning to businesses: stop inflating or falsely claiming GST. And they’re not just making noise - thanks to advanced data-matching and technology, they’re more capable than ever of spotting discrepancies.
What happens when a trusted employee of 15+ years claims they’re owed over $20K in backpay? For one small business owner, it meant stress, legal letters — and a powerful reminder of why investing in the right accounting and bookkeeping partner pays off.
