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Division 7A of the Income Tax Assessment Act 1936 can apply to loans, payments or other benefits when a shareholder or their associate accesses money from their private company. When not managed correctly, this can result in the transfer of funds out of private companies being treated as an unfranked dividend with larger than expected tax outcomes. To avoid these outcomes, payments and outstanding loans can be placed on a complying Division 7A loan.

 

In a series of articles and webinars titled “Decoding Division 7A”, the ATO aim to highlight the rules around complying Division 7A loans, the common mistakes that are made and how to avoid them. Articles issued so far are:

The articles link to the ATO’s detailed content on private company benefits – Division 7A dividends.

 

The ATO advises that they will continue to provide more information aimed at helping understand Division 7A and avoiding mistakes over the coming months. The next article will focus on the rules for minimum yearly repayments on complying loans.

 

The Minister for Aged Care has issued a media release regarding a delay in the commencement date of the new Aged Care Act which was proposed to commence on 1 July 2024.

 

In the media release, the Minister states ‘The Government is now considering the extensive and valuable feedback to refine and finalise the draft legislation before it is introduced to Parliament.

 

We will update the commencement date of the legislation following these updates and before the bill is introduced to the Parliament.’

 

While the new commencement date is yet to be announced, there is speculation it may be 1 July 2025.

 

The government has issued a commencement proclamation for changes to the First Home Super Saver (FHSS) scheme.

 

The changes to the FHSS scheme are aimed at improving access to the scheme and received royal assent on 20 Sept 2023, see Treasury Laws Amendment (2023 Measures No. 3) Act 2023, Schedule 4.

 

The commencement date of these reforms has now been confirmed as 15 Sept 2024.

 

For more information on the reforms, see the FirstTech article FHSS scheme flexibility Changes pass parliament, yet to commence

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