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.
New research has found that it has been the smaller cities of Hobart, Adelaide and Canberra that have been the strongest-performing property markets over the past two decades.
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ONLINE WEBINAR
27 April 2023 // 12:30pm
Let's face it, insurance is not the most exciting topic. In
this webinar we'll offer guidance on how to compare different insurance policies, assess your risk, read beyond the marketing and how
to get the most value for your money.
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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According to CBRE, Australian hotel sales reached $2.14 billion in 2022, the second-highest transaction volume on record.
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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.
The number of new development projects aimed at investors is slowing down, which could lead to more rental market pressures according to new research.
One of the biggest expenses people face outside of their mortgage is the cost of buying and owning a car.
It’s important to approach property investing with a strategic mindset to help you avoid some of the common pitfalls.
Conveyancing involves the legal transfer of ownership of a property from one person to another.
With rapidly rising interest rates and the escalating cost of living, borrowers are once again looking at a loan deferral as a way to get back on track.
Experts generally recommend checking the health of your home loan each year to make sure it remains the right fit.
With over $13 BILLION dollars in unclaimed super across Australia, it’s evident that many are not even really sure on how super works. Our expert financial advisors want to give you back control over your money.
Accountants have emerged from the pandemic into a blizzard of changes and keeping clients up to date risks a backlash over tighter compliance rules and increased fees.
ONLINE WEBINAR
23 February 2023 // 12:30pm
In our upcoming webinar we'll be diving into some common exit
strategies for successful succession planning, the pros and cons, and what you need to consider before making a decision.
Property depreciation is a tax deduction that investors can take advantage of to save money on their tax bills over a long period of time.
When determining whether you should pay all cash or look to finance the car is always going to be based on your personal situation.
The process begins when the sale contract is signed and officially concludes on settlement day.
Rising interest rates and sky-high property prices have made homeownership tougher for first time buyers.
With strong capital growth and tight vacancy rates driving up rents, more and more investors have been looking to regional areas.
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.
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.
