ATO debunks Division 7A 'myths'
Liz Gibbs • February 7, 2025

ATO debunks Division 7A 'myths'

The ATO has recently published a document 'debunking' various Division 7A 'myths'.


Division 7A of the tax legislation is intended to prevent profits or assets being provided to shareholders or their associates tax free.


A payment or other benefit provided by a private company to a shareholder or their associate can be treated as a dividend for income tax purposes under Division 7A, even if the participants treat it as some other form of transaction (such as a loan, advance, gift or writing off a debt).


Division 7A can also apply if a trust has allocated income to a private company but has not actually paid it, and the trust has provided a payment or benefit to the company's shareholder or their associate (as well as in other circumstances).


Myth 1: If I own a company, I can use the company money any way I like.

ATO response: A company is a separate legal entity, and there will be consequences every time the taxpayer takes money or accesses other benefits from their private company.


Myth 2: Division 7A only applies to the shareholders of my private company.

ATO response: Division 7A applies to both shareholders and their 'associates'. The definition of an 'associate' is broad.


Myth 3: I don't need to keep records when my private company makes payments, loans or provides other benefits to other entities.

ATO response: Taxpayers are legally required to keep records of all transactions relating to their tax affairs when they are running a business.


Myth 4: I can avoid Division 7A by temporarily repaying my loan before the private company lodges its tax return, and using the company’s money to make my repayments.

ATO response: A repayment made on a loan may not be taken into account if similar or larger amounts are reborrowed from the same company after making the repayment. 


Myth 5: There are no tax consequences if I use my private company's money to fund another business or income earning activity.

ATO response: Division 7A may apply to any loan a private company makes to its shareholders or their associates, regardless of what the loan recipient uses the amounts for.


Need Help with your Business, Bookkeeping, Tax or SMSF requirements?

If you would like a little help, please get in touch with us for assistance. We can help with your business, bookkeeping, tax and SMSF requirements.


Please also note that many of the comments in this publication are general in nature and anyone intending to apply the information to practical circumstances should seek professional advice to independently verify their interpretation and the information’s applicability to their particular circumstances. Should you have any further questions, please get in touch with us for assistance with your SMSF, business, bookkeeping and tax requirements. All rights reserved. Brought to you by RGA Business and Tax Accountants. Liability Limited by a scheme approved under Professional Standards Legislation.


How to maximise your change success
By Liz Gibbs June 27, 2025
Let’s talk about change capability—a bit of a secret weapon when it comes to making change stick in any organisation. If you’ve ever wondered why some teams seem to breeze through big shifts while others get bogged down, the answer often comes down to capability, both at the individual and organisational level.
Starting a business
By Liz Gibbs June 26, 2025
Thinking of starting your own business? The ATO reminds new business owners that getting it right from the beginning is key to long-term success. Here are the top seven things to keep in mind
Flow
By Liz Gibbs June 19, 2025
Have you ever been so absorbed in a task that time seemed to disappear and everything just clicked? That’s the magic of “flow”. The world’s top performers regularly tap into this state to achieve their best work. 
Draw your vision
By Liz Gibbs June 13, 2025
Have you ever wondered how to turn your dreams into reality? According to Peter Drucker, “The best way to predict your future is to create it.” This week, we’re exploring a simple but powerful technique that helps you do just that: drawing your vision.
instant asset write off
By Liz Gibbs June 9, 2025
If you've purchased or are planning to purchase business assets this financial year, keep in mind that the instant asset write-off threshold is $20,000 for the 2025 income year.
Problem solving
By Liz Gibbs June 5, 2025
Struggling with a tough business problem? You’re not alone—and the good news is, there’s a simple, team-friendly tool that can help you crack it. Meet CEDAC: the Cause and Effect Diagram with the Addition of Cards—a powerful yet practical upgrade to the traditional fishbone diagram.
Profitability
By Liz Gibbs May 29, 2025
Improving your business’s profitability doesn’t have to be overwhelming. The Profit Formula is a simple yet powerful tool designed to help you identify and implement strategies that can make a real difference. It focuses on three key areas: increasing sales, reducing overheads, and decreasing variable expenses.
vision mapping
By Liz Gibbs May 22, 2025
Today we explore vision mapping—a powerful framework to define and drive your business’s long-term success.
Cut Waste and improve profits by 30%.
By Liz Gibbs May 15, 2025
Did you know that waste can eat up as much as 30% of your operating costs? That’s a huge chunk of your budget! And yet, many businesses just accept it as part of doing business—focusing on increasing sales instead of fixing inefficiencies. But here’s the thing: why push more sales through a system that’s not running smoothly?
GIC not deductible from 1 July 2025
By Liz Gibbs May 14, 2025
From 1 July 2025, the General Interest Charge (GIC) on unpaid ATO debts will no longer be tax-deductible. That means holding onto tax debt could cost you more than you think, especially if you’re counting on the deduction to ease the burden.
More Posts