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.
Conveyancing involves the legal transfer of ownership of a property from one person to another.
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ONLINE WEBINAR
23 February 2023 // 12:30pm
In our upcoming webinar we'll be diving into some common exit
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process before you are wanting to buy land or build.
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The good news is that you may be able to use some of your home equity to boost your super and help fund your life in retirement.
Falling property prices and rent hikes mean the average income earned from residential property has risen.
ONLINE Webinar
19 January 2023 @ 12:30 - 1:30pm
Phase 2 STP will be the compulsory way to process Xero payroll as of March 2023.
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Smart Business Solutions chief executive Shannon Smit, winner of SMSF Adviser of the Year award, talks about the evolution of her business and shares her insights on complex SMSF planning issues.
This video offers a Xero how-to on the latest details of the compulsory STP (Single Touch Payroll) Phase 2 rollout including Pay Item Transition.
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Changes are coming about how you manage Xero payroll with Single Touch Payroll (STP) Phase 2. This video explains how to manage Employee Transition in STP Phase 2.
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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.
