Withdrawing money from your company – Div 7a – Importance of Tax Planning Accountants Beenleigh

Division 7A of the Income tax Assessment Act (ITAA36)

It is common knowledge that where a private company makes a loan to a shareholder or their associate a potential deemed dividend issue arises under Division 7A.  The shareholder has until the due date of lodgement of the tax return to repay the loan in full or enter into a loan agreement.
If a loan agreement is entered into, the taxpayer has until the end of the first year after the year the loan was made to make a repayment.
The minimum yearly repayment is calculated on the balance of the loan using the benchmark interest rate and the term of the loan.  However, where the loan has a payment made prior to lodgement day then the interest is pro rata’d.  In addition, the payment made before the lodgement date does not count towards the minimum yearly repayment

Example

Reducing loan balance for pre-lodgment day payment.
On 15 august 2009, Viking Pty Ltd made a $100,000 loan to Annie, a shareholder in the company. The loan was made pursuant to a loan agreement that satisfied the requirements of S.109N Annie had made no repayments as of 30 June 2010.
However, she repays $25,000 on the 15 December 2010 which is prior to the company’s lodgment day of 1 March 2011.
What is the closing balance of Annie’s loan as at 30th June 2010?
Because S.109E(3) allows the $25,000 to be taken into account, the closing balance of the loan as at 30June 2010 is not the $100,000 she originally borrowed but $75,000 (ie, $100,000 – $25,000)
What is the MYR that Annie must make by 30th June 2011
Based on the closing balance of the loan and the other variables contained in the formula in S.109E(6) the MYR is $14,1111. However, if the MYR were based on $100,000 it would be $18,815. Note that the benchmark interest rate for 2011 is 7.4% p.a.

Example

Correctly calculating interest in year two of the loan 

Valerie is a shareholder in Aromas Pty Ltd the company’s lodgement day for the 2010 tax return is 1st March 2011. The following loan transactions occur.

Date                       Transaction                DR                    CR                     Balance

1st Aug 2009          Loan To Valerie           $50,000                                           $50,000

1st Sep 2010          Repayment                                         $10,000                  $40,000

1st June 2011        Repayment                                           $5,000                   $35,000

30th June 2011      Interest                         $3,055                                          $38,055

What amount if the MYR for 2011 based on?

$40,000. The $10,000 repayment on 1 September 2010 is counted as it was made before ‘lodgment day’ the MYR is $7,526.

Has Valerie made the MYR?

YES. Both the $10,000 and $5,000 repayments made by Valerie during the 2011 year are taken into account. As the total payment of $15,000 exceeds $7,526 the MYR is covered.

What is the closing balance of the loan for the 2011 year?

To work this out it is necessary to calculate the interest charge for the year. Note, interest does not begin to accrue until 1st July 2010. The benchmark interest rate is 7.4% p.a which is 0.020273973% per day.

When do the new dividend rules apply from?

The rewritten s.254T applies to all dividends declared on or after 28th June 2010, it will not apply to dividends declared before this time but paid on or after 8th June 2010.

Posted in Asset Protection

30 Tax planning strategies

DEFERRING INCOME

  1. Cash or Accruals – Determine whether you should use “Cash” or “Accruals” tax accounting.  On the cash basis, taxable income is the net of amounts that are actually received less amounts actually paid at year end.  The proceeds of pre – 30 June sales which have not yet been received, are excluded from income for the current year.
  2. Unearned income – Make sure that you exclude any income that you may have received but not yet earned. Defer the income until the next year.
  3. Defer Billing – If your cashflow can stand it, think about deferring your invoicing until after 30 June.  A one month delay in billing will mean you pay tax on the income a whole year later.  Mind you, your customers might want you to bill pre-June so that they can claim the deduction.  And a few days delay in billing will usually mean that you get paid a whole month later.
  4. Interest – For most taxpayers interest is only assessable when actually received.  If you are lucky enough to have a few term deposits, arrange to have them mature after 30 June rather than just before.

BUSINESSES DEDUCTIONS

  1. Bad debts – Trade Debtors should be reviewed prior to 30 June to identify and write off any bad ones.
  2. Scrap assets – Review your asset ledger and write off all assets that have been scrapped or which have outlived their useful economic lives.
  3. Low Value Pool – Assets which have been written down to where their value is quite low can be pooled together and depreciated at a higher rate.
  4. Low value assets – Assets costing $300 or less can be written off immediately under certain conditions.
  5. Obsolete Stock – Obsolete trading stock with no value can be written off and a tax deduction claimed this year.
  6. Slow moving Stock – Slow moving stock can be written down to net realisable value.
  7. Stock Valuation – Stock can be written down from cost to a lower replacement value; not a common adjustment but one that is more relevant these days with the stronger Australian dollar making imports cheaper.
  8. Maintenance – The work car is due for a service or some new tyres, why not get it done pre-June rather than just after?  For the sake of paying a few days earlier you accelerate the effect of the tax deduction by a whole year earlier.
  9. Superannuation – Employees’ superannuation contributions should be actually paid before 30 June to obtain a deduction, and to avoid the Superannuation Guarantee Charge.
  10. Personal Superannuation – You can claim a deduction for personal superannuation contributions if your salaries and wages income is less that 10% of your total income.
  11. Self Education deductions – If you receive a Youth Allowance, you are allowed a deduction for certain self-education expenses.

CAPITAL GAINS TAX

  1. Small Business Concessions – You should consider the availability of other small business CGT concessions which have the effect of reducing or deferring a capital gain arising from the disposal of a business asset.
  2. CGT Discount – The CGT discount is not available when you sell an asset that you have held for less than 12 months. Consider deferring the disposal of these assets until the 12 months threshold has past.
  3. Roll gain into Superannuation – In some circumstances you can avoid paying tax on capital gains if you use some or all of the funds to make a personal superannuation contribution.
  4. Roll gain into another asset – CGT law allows you to roll over a capital gain into a replacement asset, effectively deferring the tax on the gain.

COMPANIES

  1. Tax Losses – Check to see if your company has any tax losses carry forward from prior years.  These will be able to be offset against this year’s income.  You’ll need to make sure that the company passes either the Continuity of Ownership or the Same Business tests.
  2. Loans treated as dividends – Companies are allowed to make loans or payments to their shareholders or associates (or even forgive debts).  There are onerous tax consequences however unless the loans are put on a legitimate footing with proper loan agreements with interest being charged, principal repayments made and, in some case, genuine security taken.  Alternatively, the loan can be repaid by the earlier of the due date for lodgement of the company’s return for the year or the actual lodgement date.  It’s important to get some good tax advice or suffer the tax consequences.
  3. Tax Consolidation – If you’ve got a few companies that make up your group, you may want to consider consolidating them for tax purposes before the end of the year.  The resultant single tax entity allows you to offset profits and losses from the different entities.
  4. Personal Services – The company tax rate on income is currently 30%.  Individual tax rates can be much higher.  If you provide services through a company where those services are virtually all from your personal exertion, you could well l find that the income will be considered to be all yours and not the company’s.  There are a couple of hoops to jump through to make sure that the income is treated as income of the company.  You need to look at these well before the end of the tax year to give you time to comply.

TRUSTS

  1. Distribute all income – You need to make sure that you effectively distribute all income each year otherwise undistributed income may be taxed at 46.5%.
  2. What constitutes trust income – A recent High Court case has challenged the historic advantages of using a trust to reduce the rate of tax that you pay.  Nothing has been outlawed; the rules for some have just changed a little.  It all swings on the wording of your trust deed as the deed dictates how trust income is defined and whether capital gains are treated as normal income or not.
  3. How income is assessed – When some accounting expenses are not tax deductible, the net income of the trust for tax purposes exceeds its accounting income. Recent tax law resolved that the distribution of the taxable income must align proportionately with the distributions made for the accounting income.  This can create a problem if you want to limit the income of some beneficiaries to a set dollar amount eg: children under 18.  It pays to leave a little leeway in your accounting distributions to allow for potential rejection of some tax claims.
  4. Unpaid present entitlements – If a trust has an unpaid present entitlement to a corporate beneficiary, complex tax issues arise.  If you can, you should pay the entitlements back before you lodge the trust’s income tax return.

SUPERANNUATION

  1. Co-Contribution – Let’s start with the easy money.  Low-income earners should think about making a personal superannuation contribution so that they qualify for the government’s superannuation co-contribution payment.
  2. Re-contributions – Currently, strategies exist that allow you to draw a pension from your fund and re-contribute amounts to the funds, reducing tax significantly, while maintaining your same net cash.  Don’t leave it to the last minute to set this up though.
  3. Contribution caps – Make sure that you don’t contribute more than the annual concessional contribution cap or risk being subject to an excess contributions tax of 46.5%. Taxpayers are often brought undone by forgetting salary sacrificed superannuation while also contributing to an industry fund.
Posted in Tax Minimisation

Year End Tax Planning

OPTIONS FOR EMPLOYEES AND INVESTORS

  • Defer receipt of income – wages, bonus, director’s fees, commissions, rent, interest and dividends.
  • Defer capital gains on property, shares etc
  • Accelerate Deductions – for work related expenses and investment linked expenses (e.g. prepay interest)
  • Bring forward and realize any potential capital losses but only if there are capital gains to be offset
  • Superannuation co-contribution – paying up to $1000 into your superannuation fund if you are entitled to the government co-contribution
  • Medicare Levy Surcharge is payable if you do not have hospital cover in your private health insurance and your income (or combined income for couples) is over the current year thresholds.

 

OPTIONS FOR BUSINESSES

  • For businesses with current turnover not exceeding $2 million, can opt to be taxed on a cash basis instead of accrual basis (no debtors or creditors including in account), can also use pooled and one single rate of depreciation for all assets and may not need to conduct stock takes.
  • As at 01 July 2015 the following Small Business Entity changes have been made.
    • Write off depreciating assets costing less than $1,000 in the income year in which start to use the asset or have it installed ready for use for a taxable purpose.
    • Depreciating assets costing greater than $1,000, one small business pool will exist where assets will be depreciated at 15% in the year of allocation and 30% in subsequent years regardless of effective life.
  • Tax planning strategies may depend to some extent on your business structure which can be
    • Sole Trader
    • Partnership
    • Company
    • Unit trust
    • Family Discretionary Trust
  • In general terms, you can still follow many of the basic planning options set out above for employees and investors, i.e.
    • Defer income where possible
    • Defer capital gains
    • Accelerate deductions
    • Bring forward capital losses but only to offset capital gains
  • Pay all employees superannuation including your own, into the fund on or before 30 June
  • Directors fees and bonuses are only a tax deduction to the company if they are paid by 30 June or are authorized by an appropriate action before 30 June (e.g. a directors minute)
  • Bad debts must be written off in the books on or before 30 June to claim tax deduction
  • Writing off or writing down obsolete stock must also be done by 30 June in order to gain the benefit of the reduced stock value and resulting tax benefit
  • Prepayments can be a tax deduction provided there is some commercial benefit in the arrangement but must not relate to expenditures beyond the coming 12 months
  • Loans by companies to their shareholders or associates should be repaid by 30 June if the company is showing a profit in the current year or in the accumulated profits of prior years or a formal loan agreement with interest and set repayments should be entered into (Division 7A loan )
  • If capital gains cannot be deferred then you should consider whether any of the small business active asset and or retirement concessions apply
    • The small business 15 year asset exemption
    • The small business 50% active asset reduction
    • The small business retirement exemption
    • The small business asset rollover
  • Setting up a self managed superannuation fund
Posted in Tax Minimisation