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Chapter 10 · Model answers

Division 7A: Private Company Payments, Loans and Benefits

Model Answers

Question 1 — Shareholder payment

Section 109C is the starting point because the private company has paid a private expense for a shareholder. The accounting description does not prevent Division 7A. Check whether the shareholder is within the statutory relationship, whether an exclusion applies, and the company’s distributable surplus.

Question 2 — Loan before lodgment

The remaining $130,000 must be analysed under s 109D. Determine whether it was fully repaid before lodgment day or placed on s 109N complying terms by the required time. For a complying loan, confirm written agreement, benchmark interest, permitted term and security (if a longer secured term is claimed). Also test anti-circular-repayment rules and distributable surplus.

Question 3 — Complying term

Section 109N imposes substantive terms: minimum interest based on the benchmark rate, maximum term and written agreement by the required time. A signed document that charges too little interest, has an impermissible term or is not actually administered does not automatically solve the Division 7A problem.

Question 4 — Minimum yearly repayment

Section 109E requires the shortfall in the minimum yearly repayment to be tested as a deemed dividend amount, subject to Division 7A’s wider limitations and distributable surplus.

Question 5 — Debt forgiveness

Section 109F is the core provision for debt forgiveness. After establishing that a debt was legally forgiven and no exclusion applies, the resulting deemed dividend remains subject to the Division 7A framework including the distributable-surplus cap.

Question 6 — Distributable surplus

Section 109Y generally caps the aggregate deemed dividend by distributable surplus. Even if preliminary benefits total $200,000, the taxable Division 7A amount may be limited to $70,000, subject to the detailed statutory calculation and any other relevant adjustments.