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.
As the value of homes has steadily increased over the years, more borrowers have turned to Lender's Mortgage Insurance (LMI).
With the cost of living going up by the day, managing your money can be tricky in the current environment.
The $2,000 Small Business Specialist Advice Pathways Program Grants are for small business to employing small businesses to access financial and legal advice and services to inform current and future business decisions.
Annual reviews are a powerful business tool. They provide insight into the past year through analysing metrics and other data.
Climate change featured heavily during the election and now the Albanese Government is putting into place some of the promises it made. We look at the current state of play and the likely impact.
The RBA lifted the cash rate to 1.85% in early August 2022. With interest rates rising, what can we expect?
The ATO has released updated information on claiming cryptocurrency losses and gains in your tax return.
ONLINE Webinar: Insurance Stripped Bare - What you really need to protect your assets
Consumer price inflation rose by 1.8% in the June quarter, and by 6.1% on a rolling 12-month view. Whilst high, these measures were below consensus expectations. In turn, this prompted hopes that local interest rates might not need to increase as much as previously feared.
For the majority of small to medium sized business owners, the value of your business is your biggest asset, and very likely, your retirement fund.
If you perform some of your work from your home office, you may be able to claim a deduction for the costs you incur in running your home office, even if the room is not set aside solely for work-related purposes.
If you’ve owned your home for a decent period of time, or you’re ahead on your mortgage repayments, then you can potentially use some of the
equity to purchase assets such as a car.
With the spring selling season just around the corner, now is the perfect time to start preparing your home should you want to sell. There’s no doubt if you’re trying to market your property, it’s vital that you are able to make it as appealing to as many people as possible.
The number of cranes in operation across Australia continues to rise, with a steady increase across the commercial sector.
The Property Council of Australia's latest Office Occupancy survey found that Perth’s office occupancy rate continued to improve between May and June (63 to 65 per cent), and Melbourne’s lifted slightly (48 to 49 per cent), while occupancy levels in the ACT declined (60 to 53 per cent).
Debt levels have been steadily rising over the past few decades, but it’s important to understand that not all debt is bad. If you’re finding yourself getting into too much debt through the use of credit cards, there are a few steps you can do to get out of it.
With upward pressure on prices across many sectors of the economy, being able to effectively manage your cash flow is more important than ever. One way businesses can help their cash flow is to finance their heavy or costly equipment.
Renovating a home is a great way to increase both its value and your rental yield, if you’re an investor.
Rentvesting involves renting where you want to live and investing in a property elsewhere so you can get your foot on the property ladder.
For the majority of small to medium sized business owners, the value of your business is your biggest asset, and very likely, your retirement fund.
It doesn’t matter how much you have. It’s what you do with it that counts.
Everyone knows you don't pay tax on the sale of your family home, right..? We take a closer look at the main residence exemption that excludes your home from capital gains tax and the triggers that reduce or exclude that exemption.
There has been some confusion on what the minimum wage increase and superannuation increase means to small business employers.
Many investors become concerned when volatility occurs in global financial markets – particularly about the impact on their superannuation and other investments. In times like these, it is important to understand the causes of market movements and how to minimise your risk.
A testamentary trust is commonly used by estate planning lawyers to protect the assets and inheritance of the testator’s benefciaries from creditors, family law actions and providing flexibility in relation to the distribution of the estate.
There are limits on how much you can pay into your super fund each financial year without having to pay extra tax. These limits are called ‘contribution caps’.
Building Family Wealth takes time. But how easily can it be torn down in expensive litigation, legal challenges and regulatory and economic threat?
Prices on everyday essentials like food, petrol and medicine have increased significantly, impacting us all. Managing these price hikes is even more difficult when you’re living on a fixed income. We unpack how we got here and set out some things you can do to increase your buying power.
Industrial property has been one of the best performers over the past two years and its record run should continue, according to a leading expert.
On the back of a strong Australian economy and solid property market, office investment is set to surge according to new analysis from Knight Frank.
When people buy a car these days, many will use some form of finance. While using finance to purchase a car can help you get the vehicle you want now, it’s important to make sure you’re properly comparing loan options and not just taking what a dealership has to offer.
With interest rates tipped to rise as the RBA begins to return the cash rate to a more normal level, homeowners are wondering what the best way to handle this new environment might be.
As we head towards June 30, it's important to know what last minute tax deductions and changes are imminent. Bianca gives us a concise 5 minute summary on the new superannuation rules effective from 1 July 2022.
Your superannuation is often an under-utilised vehicle to the retirement and lifestyle that you have envisioned.
Not just for young entrepreneurs, this webinar is designed for anyone who is within their first 2 years of a new business to ensure you've got the most important operational, legal and financial structures in place.
In the 2019–20 Budget, the government announced that Single Touch Payroll (STP) would be expanded to include additional information.
Inflationary forces continued to intensify in key regions, which suggested inter- est rates could be raised more quickly and more aggressively than previously anticipated. The likelihood of rising borrowing costs also appeared to spook equity markets, which performed poorly over the month.
Throughout March, the ATO sent letters to directors who are potentially in breach of their obligations to ensure that the company they represent has met its PAYG withholding, superannuation guarantee charge, or GST obligations.
It’s a great headline isn’t it? Spend $100 and get a $120 tax deduction. Days after the Federal Budget announcement that businesses will be able to claim a 120% deduction for expenditure on training and technology costs, we started receiving marketing emails encouraging us to spend now to access the deduction.
A series of reforms and changes will commence on 1 July 2022. Here’s what is coming up:
The Government temporarily halved the excise and excise equivalent customs duty rates for petrol, diesel and all other petroleum-based products (except aviation fuels) for 6 months from 30 March 2022 until 28 September 2022.
The ATO have issued a press release indicating their current approach on debt collection. They want taxpayers to engage with them, ie respond to calls, set up a payment plan or expect firm action.
Separating from your partner can be difficult and it can also be hard on your finances. Your post-divorce financial situation may
force changes regarding your total wealth and total liquidity.
As we approach the end of the financial year, there are a number of smart strategies you could consider to help streamline your finances and legitimately reduce your tax liability.
It can be lonely at the top of the food-chain when you're running your own business. As the owner manager, the buck stops with you and that can result in pressures from all aspects of the business.
DONATE TODAY
You can help make a difference for people in Ukraine. All donations made through SMART Business Solutions will be dollar matched through our
alliance with Count Charitable Foundation.
Taking time to ask yourself the big questions can be daunting and empowering at the same time. Understanding and prioritising your goals and needs is a valuable step.
The war in Ukraine overshadowed financial markets throughout the month, but hopes of a breakthrough in peace talks lifted sentiment towards risk assets. Solid gains among US-listed stocks helped the MSCI World Index rise more than 3%.
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.
