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Division 7A proposed changes

Stewart, Tracy & Mylon • Nov 14, 2018

 

WHAT THE TAX?!! 
10-year Division 7A loans

 

A number of recommendations have been made to overhaul the treatment of Division 7A complying loans by the Treasury. The proposals recommend to begin these changes from 1 July 2019.

Proposed changes

Consistent with current practices, the 10-year loans would effectively begin at the end of the income year in which the advance is made. This will allow the taxpayer to put the loan on complying terms before the due date of the tax return. The Benchmark interest rate to compare with a small business variable overdraft at 8.30%.

Transitional rules

7-year unsecured loans

All complying 7 -year loans in existence as at 30 June 2019 must comply with the new proposed loan model. The new benchmark interest rate is to be used, and the existing outstanding term will be retained. As mentioned above, the principal repayment must be in equal instalments over the loan term.

25-year secured loans

Exempt from the majority of changes until 30 June 2021. However, the new benchmark interest rate needs to be used (at a minimum) between 1 July 2019 and 30 June 2021.

On 30 June 2021, the outstanding value of the loan will be a deemed dividend unless it is put on new complying loan terms. At this point, they will become 10-year loans.

Pre-1997 loans

A two-year grace period will also apply to these loans under the new arrangements. Therefore, a pre-1997 loan will be taken to be financial accommodation as at 30 June 2021. At this point, they will become 10-year loans.

Opportunities & Strategic options

Under the proposed transitional rules, currently unsecured 7-year loans will have an increased principal repayment initially and a higher interest rate. Essentially, this will mean an increased minimum repayment generally made as a franked dividend to directors who are also shareholders.

An opportunity exists for directors to turn these loans from unsecured to secured loans before 30 June 2019, as transitional rules are favourable. In order for this to happen, a written loan agreement must be put in place where the outstanding balances are secured against real property owned by the directors.

Also, no mortgage duty will be payable when the secured loan is registered as all states in Australia have abolished this in recent years. However, an additional cost of drawing up the secured loan agreement from a lawyer will be incurred.

A reduced minimum repayment under a secured loan may alleviate future interest on pre-1997 loans as additional room is available for repayments.

Information sourced using CCH iknow

 

By Stewart, Tracy & Mylon 01 Apr, 2021
WHAT THE TAX?!! Shortcut to claiming work-from-home deductions in 2021 The ATO has reminded taxpayers about the temporary shortcut method still available to those claiming working from home deductions this year. Taxpayers that opt to use the shortcut can claim a rate of 80 cents per work hour at home for all working from home expenses. The temporary shortcut method can be used by multiple people living under the same roof and, unlike existing methods, does not require a dedicated work area. The shortcut is all-inclusive, meaning taxpayers cannot claim expenses under the shortcut method and then claim for individual expenses such as telephone and internet costs. The alternative existing methods are also available for a taxpayer to either: • claim a rate of 52 cents per work hour at home for the heating, cooling, lighting and cleaning of their dedicated work area and the decline in value of office furniture and furnishings; then calculate the work-related portion of their telephone and internet expenses, computer consumables, stationery and the decline in value of a computer, laptop or similar device, or • claim the actual work-related portion of all running expenses, which needs to be calculated on a reasonable basis. Irrespective of the method used taxpayers cannot claim: • personal expenses that are not directly related to earning income • expenses related to children's education • assets that cost over $300; these claims should be spread out over a number of years, and • occupancy expenses such as rent, mortgage interest, property insurance, land taxes and rates. All claims require the taxpayer to have not been reimbursed for money spent, the expense must be directly related to earning income, and the taxpayer must have kept the necessary records. Information sourced using CCH iknow
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