Division 7A in Simple Terms: Don’t Treat Your Company Like a Personal ATM
When you take money out of your company for personal use, it’s not automatically a tax-free loan.
To the ATO, that payment must be one of these:
- Salary and wages
- A declared dividend
- A properly set up loan
If it’s none of the above, the ATO can treat the amount as a dividend and add it to your personal taxable income. This rule is called Division 7A.
A common situation is when a business owner transfers money from the company account to their own account, planning to “put it back later”. Without the right paperwork, the ATO may say that money was actually a dividend, not a loan.
For example:
You take $50,000 from your company to renovate your home.
If you do nothing, that $50,000 can be treated as a dividend. You will need to pay personal income tax on the full $50,000, and you don’t get any franking credits to reduce the tax.
To avoid this, you can either:
- pay the $50,000 back to the company before the company’s tax return is due, or
- put a formal Division 7A loan in place.
A proper Division 7A loan means:
- a written loan agreement
- interest charged at the ATO rate
- minimum yearly repayments over up to 7 years (or longer if secured by property)
If you set up the loan correctly, you might repay roughly $9,000 per year (principal plus interest, depending on the rate and term). As long as you make those repayments on time each year, the ATO treats it as a loan, not a dividend.
Problems usually happen when people:
- take money out casually
- don’t sign a loan agreement
- miss the required yearly repayment
If a repayment is missed, the unpaid amount for that year can still be treated as a taxable dividend.
In short, company money is not your personal spending account. If you use company funds for private purposes, either repay it quickly or set up a proper loan and stick to the repayments, or you risk an unexpected personal tax bill.
If you have any questions or would like to discuss how Division 7A applies to your situation, please feel free to contact our office for appointments.
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