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.
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.
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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%.
ATO getting about as serious as they can get with their non-public debt recovery measures.
Our new system enables us to download all ATO mail on behalf of our clients and distribute it in the most efficient manner possible.
This is a safe, ballot box friendly Budget as expected with a focus on jobs, cost of living, home ownership, and health.
I was looking for a business advisor to help me better understand my business and the story that the numbers are telling me. I thought
I knew my business and its strengths and weaknesses. Having the skilled team at SMART involved in my business and working
on regular financial reporting has helped me see a clearer picture of how my business is doing.
We were looking for a new accountant that would act more like partners in the business. We wanted a team that would guide us towards growth. We interviewed three different firms and were absolutely blown away by the team at SMART and what they could do for us. Five years on and we continue to be blown away.
A new report reveals rezoning the Mornington Peninsula as regional would not only unlock more funding but would fix social and economic inequalities.
10 March 2022 @ Mercetta, Mornington
Join our International Women's Day 2022 Fundraising Event. Enjoy a local wine and deliciously generous finger food, place your bids on the
silent auction packages including vouchers and products from some of Mornington Peninsula’s most coveted.
Two landmark cases before the High Court highlight the problem of identifying whether a worker is an independent contractor or employee for tax and superannuation purposes.
The ATO released a package of new guidance material that directly targets how trusts distribute income. Many family groups will pay higher taxes as a result.
Recently we’ve seen some wild volatility in share markets across the world due to the pandemic and military conflict. We examine what’s going on, the drivers be- hind the price swings and how long they could last. Importantly, we consider what volatility could mean for your retirement savings.
With many of our business community made up of building companies, building suppliers and trades people, this is an issue bigger than ProBuild itself. The ripple effect of the demise of such a building giant will leave many of us asking the question ‘how secure is my business and my livelihood?’
ONLINE Webinar Session
3 March // 7:30pm
Unlike other purchases, it’s not possible to return a car if you get home and decide you don’t like it.
With interest rates at record low levels, many homeowners are considering the possibility of fixing their interest rate on the home loan.
Lenders Mortgage Insurance can be a great tool to help homebuyers get into a property that they otherwise might not be able to afford. However, it comes with a cost.
When buying a home, to live in or as an investment, most people will have the goal of eventually paying it off.
After a strong 12 months, industrial property is set to see further upside according to a leading valuer.
If you’re setting the goal of purchasing a home in the coming year, it might be time to start getting your financials in order ahead of time.
December saw an uptick in Covid infections worldwide. Daily case numbers in the US topped one million for the first time, underlining the ongoing challenge of the pandemic.
In this issue we discuss the changes in superannuation effective 2022, how to improve your longevity, and changes to the RBA that may affect your mortgage.
Up against over 600 nominations and 254 certified finalists, Shannon Smit, Founding Director and Financial Adviser at Mornington firm, SMART Financial Planning, won the coveted Financial Adviser of the Year Award as one of only 23 individual award winners.
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.
