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.
The Government has announced that it will enshrine a right to superannuation payments in the National Employment Standards (NES).
Reduce interest on the non-deductible debt by using company cash to offset their personal mortgage, then transferring the cashback by 30 June.
The Australian Taxation Office (ATO) has launched a full-on assault on rental property owners who incorrectly report income and expenses.
From 1 July 2023, access to the Government’s Home Guarantee Scheme will be expanded to joint applications from friends, siblings, and other family members.
In a pre-Budget announcement, the Government has committed to a Small Business Energy Incentive Scheme that offers a bonus tax deduction of up to $20,000.
The 2023-24 Federal Budget offers a $4.2bn surplus; the first in 15 years. The surplus was driven by a surge in the corporate and individual tax take.
Effective at 30th of June 2023, our sample PCG 2021/4 report uses Dr. Nicole Smart as our example.
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Demand for office space is slowly starting to recover, with a new report showing Sydney, Brisbane, Adelaide and Perth rents are moving higher.
Over the past 12 months, the value of residential approvals has declined 3.15% while the value of non-residential developments continues to grow, up 3.61%.
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27 April 2023 // 12:30pm
Let's face it, insurance is not the most exciting topic. In
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For the contribution to be counted towards the employee’s 2023 contribution cap, it must be received by the fund by 30 June 2024.
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A recent survey found that 75 percent of borrowers could find themselves unable to refinance because of life decisions that they were preparing to make.
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Renewing your invoice finance contract is an important decision that can significantly impact your business's cash flow.
The ATO guidance (PCG 2021/4) totally changes the way that professional firm profits can be allocated (or split) among a family group from 1 July 2022 onwards.
In the lead-up to 30 June 2023, we want you to be aware of opportunities to save tax with super contributions.
In the lead-up to 30 June 2023, you can avoid paying an extra tax of up to 47% of Trust profits by completing your Trust Distribution Resolutions before 30 June.
When an accountant talks about Tax Planning what do they actually mean? As part of our tax advisory service we always offer strategic tax advisory, but it's important to note there are a lot of things that accountants cannot implement after June 30.
ONLINE WEBINAR
30 March 2023 // 12:30pm
Gen Z, it’s time to level up your financial literacy. This is the stuff that you didn’t learn in school. Get ready to learn the ins and outs
of budgeting, saving, and investing in a way that’s relevant to where you’re at right now.
The Government has announced that the concessional tax rate on earnings from superannuation will increase from 15% to 30% for those with total super balances (TSB) of $3m or more from 1 July 2025.
The ATO is more than a little concerned that people with holiday homes are claiming more deductions than they should.
The amount of money that can potentially hold in a tax-free retirement account, will increase by $200,000 on 1 July 2023.
A consultation paper released by Treasury has sparked a national debate about the role, purpose and access to superannuation.
The Government has announced that from 2025‑26, the 15% concessional tax rate applied to future earnings for superannuation.
The Australian Taxation Office (ATO) has updated its approach to how you claim expenses for working from home.
A chattel mortgage is a popular way for businesses to purchase large assets such as machinery and vehicles.
A new report by CBRE has found that incredibly tight vacancy rates across the residential and industrial property markets are likely to lead to a “rent-a-demic” in 2023.
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One of the biggest expenses people face outside of their mortgage is the cost of buying and owning a car.
Tax planning is more than just a financial necessity—it's a strategic advantage for businesses of all sizes. By proactively managing your tax strategy, you can significantly reduce your liabilities, enhance cash flow, and ensure full compliance with ever-evolving tax regulations.
