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kind1(Initiate)Initiate
7 Aug 2024

Can an ("undocumented") "at call" loan to a Company from a director (at zero percent interest) be repaid in part by purchases for the Companies director from the Companies (sole) bank account without "triggering" Fringe Benefits Tax or Division 7A?


Is such a loan counted towards "net capital gain" for the Company if it takes more than one financial year to repay?

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Matt_ATO(Community Support)Community Support
12 Aug 2024

Howdy @kind1,


 If the company makes purchases for the director using the company’s bank account, this could be considered a fringe benefit. However, loans to shareholders or their associates (like directors) are generally not subject to FBT if they fall under Division 7A.


This provision applies to loans made by private companies to shareholders or their associates. 


If the loan is 


  • not properly documented and 
  • repaid according to Division 7A rules

It could be treated as a deemed dividend. 


To avoid this, ensure the loan is either repaid or converted into a complying loan agreement with minimum yearly repayments.


If the loan is:


  • not repaid and 
  • is instead treated as a deemed dividend under Division 7A.

It could have tax implications for the director/shareholder, but not for the company’s net capital gain.



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Most helpful reply

Matt_ATO(Community Support)Community Support
12 Aug 2024

Howdy @kind1,


 If the company makes purchases for the director using the company’s bank account, this could be considered a fringe benefit. However, loans to shareholders or their associates (like directors) are generally not subject to FBT if they fall under Division 7A.


This provision applies to loans made by private companies to shareholders or their associates. 


If the loan is 


  • not properly documented and 
  • repaid according to Division 7A rules

It could be treated as a deemed dividend. 


To avoid this, ensure the loan is either repaid or converted into a complying loan agreement with minimum yearly repayments.


If the loan is:


  • not repaid and 
  • is instead treated as a deemed dividend under Division 7A.

It could have tax implications for the director/shareholder, but not for the company’s net capital gain.



kind1(Initiate)Initiate
15 Aug 2024

But can (uncomplying) ("undocumented") "at call" Division 7A loans from the Companies director (at zero percent interest) be repaid in part by purchases for the Companies director from the Companies (sole) bank account?

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