Hi,
The Company that I work for has an unregistered company vehicle which they wish to sell to a shareholder in lieu of a company dividend. It will be transfer for less than market value ($26000 to be sold for $8000). What are the tax implications?
Hi,
The Company that I work for has an unregistered company vehicle which they wish to sell to a shareholder in lieu of a company dividend. It will be transfer for less than market value ($26000 to be sold for $8000). What are the tax implications?
Hi @Lee2021
The transaction would be classed as non-arm's length between related parties. So, you would use the market value of the car rather than the price the shareholder paid to work out the tax consequence.
For the shareholder Division 7A may apply to deem the difference between the price paid by the shareholder and the market value of the vehicle to be an unfranked dividend which would be included the shareholder's assessable income. See Private Company Benefits - Division 7A dividends | Australian Taxation Office (ato.gov.au)
For the company the income tax treatment will depend on the nature of the car in its hands:
The sale of the car may also have GST implications. If the company is registered or required to be registered for GST, the sale of the vehicle will be a taxable supply and GST will be payable on its disposal. As the sale is between associates, the company will be liable to pay GST on the GST exclusive market value of the vehicle, not the contracted sale price.
We have tried to cover all possibilities for you but if you need more tailored advice please contact our Early Engagement team for a private ruling.
Hi @Lee2021
We will check this out with our business team and let you know.
Hi @Lee2021
The transaction would be classed as non-arm's length between related parties. So, you would use the market value of the car rather than the price the shareholder paid to work out the tax consequence.
For the shareholder Division 7A may apply to deem the difference between the price paid by the shareholder and the market value of the vehicle to be an unfranked dividend which would be included the shareholder's assessable income. See Private Company Benefits - Division 7A dividends | Australian Taxation Office (ato.gov.au)
For the company the income tax treatment will depend on the nature of the car in its hands:
The sale of the car may also have GST implications. If the company is registered or required to be registered for GST, the sale of the vehicle will be a taxable supply and GST will be payable on its disposal. As the sale is between associates, the company will be liable to pay GST on the GST exclusive market value of the vehicle, not the contracted sale price.
We have tried to cover all possibilities for you but if you need more tailored advice please contact our Early Engagement team for a private ruling.