+61 (3) 5911 7000 +61 (3) 5911 7000

Company loan to pay down the mortgage

HomeInsights

Company loan to pay down the mortgage. 


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.

Questions?

Give us a call or email if you'd like help to understand what this means for you and your business.


GET IN TOUCH GET IN TOUCH



3 Dec

Skybots: Practical AI and Agentic Workflows Training Course GOLD COAST 3-4 Dec, 2026

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.


READ MORE READ MORE
30 Nov

Skybots: Practical AI and Agentic Workflows Training Course MORNINGTON 30 Nov - 1 Dec, 2026

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.


READ MORE READ MORE
4 Sep

The Critical-5 Financial Metrics That Drive Business Performance

Lunch & Learn Workshop // 4 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.


READ MORE READ MORE
31 Aug

Live Workshop: Finance Ready So Banks say YES

MP SHIRE SMALL BUSINESS FESTIVAL / LIVE WORKSHOP
Friday 31 August, 4:00pm-6:00pm
Join our practical, educational workshop designed to help business owners understand the lending process and in preparation for funding conversations, learn how lending decisions are really made and what banks actually look for. 


READ MORE READ MORE
25 Aug

Live Workshop: Know Your Numbers

MP SHIRE SMALL BUSINESS FESTIVAL / LIVE WORKSHOP
Tuesday 25 August, 10:00am-12:00pm
This practical, confidence-building session is designed to give business owners control. Know Your Numbers is a hands-on workshop created specifically for non-financial business owners who want clarity and confidence in their decision-making. 


READ MORE READ MORE
24 Aug

Live Workshop: Rising Insurance and Small Business

MP SHIRE SMALL BUSINESS FESTIVAL / LIVE WORKSHOP
Monday 24 August, 5:30-7:30pm

This practical, education-first session helps business owners cut through the confusion and take back control of their business insurance decisions.


READ MORE READ MORE
10 Aug

Live Workshop: AI & Automation for Small Business

MP SHIRE SMALL BUSINESS FESTIVAL / LIVE WORKSHOP
Monday 10 August, 5:30-7:30pm

This practical session, in collaboration with the Mornington Peninsula Shire as part of the Small Business Festival, helps small business owners understand AI and automation and shows how small businesses can use smarter tools to reduce manual work, improve accuracy and create more capacity for growth.


READ MORE READ MORE
5 Aug

B.I.T.E Business Conference 2026

Conference // 5 August, 2026 - ALL DAY EVENT
The B.I.T.E. Business Conference 2026 is the Mornington Peninsula’s premier event for bold business owners ready to rethink what’s possible, reinvent how they operate, and reignite their growth. Hear from global keynote speakers including Grant Hackett, Andrew Griffiths and Kate Christie plus local business innovators.


READ MORE READ MORE
8 Jul

outsource Elite Broker 2026


6 Jul

Melbourne office tenants urged to act as supply window closes

Since the beginning of 2025, 62 per cent of occupiers leasing more than 1,000 square metres have either expanded or maintained their footprint.


READ MORE READ MORE
3 Jul

Investors circle darwin as commercial market momentum

Darwin's commercial property sector is strengthening with rising rents.


READ MORE READ MORE
1 Jul

Josh Underhill Appointed Partner at SMART Business Solutions

SMART Business Solutions is pleased to announce the appointment of Josh Underhill as Partner, recognising his outstanding contribution to the firm and the clients he supports every day.


READ MORE READ MORE
30 Jun

Ryan Smit WINS Accounting Student of the Year

Smart Business Solutions is proud to announce that Ryan Smit, an accounting student at RMIT University and Assistant Accountant at SMART Business Solutions, has been named Accounting Student of the Year, recognised for his forward-thinking approach to the profession and his commitment to integrating AI, intelligent workflows and technology into modern accounting practice.


READ MORE READ MORE
30 Jun

Planning Your Super Contributions for the Year Ahead

For many business owners, superannuation is something that gets attention in June — when tax planning comes into focus. But the real opportunity lies in planning your super contributions at the start of the financial year, not the end.


READ MORE READ MORE
30 Jun

July is Lodgement Season: Your STP, WorkCover & Payroll Tax Cheat Sheet

The new financial year has officially clicked over – and with it comes the trio of mid-year obligations every employer needs on the radar: Single Touch Payroll (STP) finalisation, WorkCover declarations, and Payroll Tax annual reconciliation.


READ MORE READ MORE

Related News

30 Jun

Planning Your Super Contributions for the Year Ahead

For many business owners, superannuation is something that gets attention in June — when tax planning comes into focus. But the real opportunity lies in planning your super contributions at the start of the financial year, not the end.


READ MORE READ MORE
30 Jun

July is Lodgement Season: Your STP, WorkCover & Payroll Tax Cheat Sheet

The new financial year has officially clicked over – and with it comes the trio of mid-year obligations every employer needs on the radar: Single Touch Payroll (STP) finalisation, WorkCover declarations, and Payroll Tax annual reconciliation.


READ MORE READ MORE
2 Jun

Minimum Wage Is Going Up - Here's What Employers Need to Do

The Fair Work Commission (FWC) has handed down its 2026 Annual Wage Review, and the numbers are in. From 1 July 2026, the national minimum wage will rise by 5.97%, and modern award minimum rates will increase by 4.75%.


READ MORE READ MORE