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jennien(Newbie)Newbie
1 Mar 2022

I am the sole director of a Pty Ltd (private company).

During FY21 the company made two loans to me, amalgamated into one loan 'FY21 Director's Loan' totalling $50,000.

I have not yet lodged the FY21 income tax return for the company, due date is 22 May 2022 so let's assume I'll lodge on 01 May 2022.

The complying Division 7A loan agreement will be drawn up and signed prior to 01 May 2022 i.e. prior to lodgement of the company's income tax return. This is an unsecured loan so the term is 7 years.


Questions:

1 - when is the first repayment (principal plus interest as per benchmark interest rate) due? My accountant is telling me that the first repayment on the loan (loan made during FY21) is due PRIOR to the FY21 income tax return being lodged - is this correct? This has me confused as the ATO website says interest is only due from 01 July 2021 (i.e. FY22) so why would the first repayment be due prior to submitting the FY21 income tax return?

2 - does it make a difference when the repayment (principal plus interest) is due if I am actually paying the repayment back in cash or if it's paid as a dividend (with no cash transfer)? I.e. does the repayment method influence when the repayment is due?


Thank you so much!

18,699 views
3 replies
18,699 views
3 replies

Most helpful response

Most helpful replyATO Certified Response

KylieATO(Community Support)Community Support
ATO Certified Response4 Mar 2022

Hi @jennien


Thanks for your questions.

 

Your private company made an amalgamated loan in the 2021 income year when the loans were not fully repaid before the private company’s lodgment day (which you assume will be 1 May 2022). You will need to make you minimum yearly repayments (MYRs) in the subsequent income years, by 30 June of the income year in which the repayment is due. This means the first MYR needs to be made by 30 June 2022.

 

The method of repayment of the loan does not influence when the repayment is due, however certain repayments are not taken into account for the purpose of working out the MYR.

 

For more information on the application of Division 7A and Amalgamated loans, we have some helpful information located on our website.”

All replies

Most helpful replyATO Certified Response

KylieATO(Community Support)Community Support
ATO Certified Response4 Mar 2022

Hi @jennien


Thanks for your questions.

 

Your private company made an amalgamated loan in the 2021 income year when the loans were not fully repaid before the private company’s lodgment day (which you assume will be 1 May 2022). You will need to make you minimum yearly repayments (MYRs) in the subsequent income years, by 30 June of the income year in which the repayment is due. This means the first MYR needs to be made by 30 June 2022.

 

The method of repayment of the loan does not influence when the repayment is due, however certain repayments are not taken into account for the purpose of working out the MYR.

 

For more information on the application of Division 7A and Amalgamated loans, we have some helpful information located on our website.”

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Division 7A loan - when is first repayment due | ATO Community