Miscellaneous

To avoid an unfranked dividend under the Division 7A rules, loans from a private company to its shareholders or their associates must be either repaid in full or be covered by a ‘Division 7A complying loan agreement’ before the company’s lodgment day. Complying loan agreements require minimum yearly repayments (‘MYRs’) comprising of interest and principal […]

By paying their tax bill in full and on time, taxpayers can avoid paying the general interest charge (‘GIC’), which is currently 11.34%, and which accrues daily for any overdue debts. The ATO advises taxpayers that, if their business is dealing with financial difficulties, there are some options to help make their tax bill “less […]

As trustees prepare for year-end distributions, they should do the following: review the relevant trust deed to ensure they are making decisions consistent with the terms of the deed; consider who the intended beneficiaries are and their entitlement to income and capital under the trust deed; notify beneficiaries of their entitlements, so that the beneficiaries […]

The Administrative Appeals Tribunal (‘AAT’) recently held that a taxpayer was liable to pay excess concessional contributions tax in relation to contributions made on his behalf by his employer. In the 2021 income year, the taxpayer’s employer made concessional super contributions to his super fund totalling $31,737, which resulted in the taxpayer exceeding his concessional […]

From 1 July 2024, non-charitable not-for-profits (‘NFPs’) with an active Australian Business Number (‘ABN’) will be required to lodge a new annual NFP self-review return with the ATO to confirm their income tax exemption status. Editor: This will include sporting, community and cultural clubs, among other organisations. Non-charitable NFPs that have an active ABN can […]

The Serious Financial Crime Taskforce (‘SFCT’) is warning businesses about using illegal financial arrangements such as ‘false invoicing’ to cheat the tax and super systems. False invoicing arrangements may consist of the following: an entity (the ‘promoter’) issues invoices to a legitimate business but no goods or services are provided; the business pays the invoices, […]