Guidelines

What is Division 7A interest?

What is Division 7A interest?

For 2020/21 the deemed dividends benchmark interest rate is 4.52%. For 2019/20 the deemed dividends benchmark interest rate is 5.37%.

What is a Div 7A loan ATO?

Division 7A is part of the Income Tax Assessment Act 1936 and is intended to prevent profits or assets being provided to shareholders or their associates tax free. A Division 7A deemed dividend is generally unfranked.

What is the ATO interest rate?

Section 8AAD of the Taxation Administration Act 1953 specifies how the rate of the charge is calculated….Quarterly GIC rates.

Quarter GIC annual rate GIC daily rate
April – June 2020 7.89% 0.02155738%
January – March 2020 7.91% 0.02161202%
October – December 2019 7.98% 0.02186301%
July – September 2019 8.54% 0.02339726%

Does Division 7A apply to trusts?

Division 7A applies to certain payments or other benefits provided by a trust to shareholders or their associates where the private company has an unpaid present entitlement (UPE) to the profits of the trust. See also: Trust payments and other benefits.

What is the interest rate for Division 7A?

ATO Div 7A Benchmark Interest Rate. The Division 7A benchmark interest rate for an income year is the ‘indicator lending rates – bank variable housing loans interest rate’ last published by the Reserve Bank of Australia before the start of the income year.*. For 2019/20 the deemed dividends benchmark interest rate is 5.37%.

When does Division 7A come into effect?

Division 7A applies to payments, loans and debts forgiven on or after 4 December 1997. However, it may also apply to loans in place before this date, where the amount of the loan is increased or its term extended on or after 4 December 1997.

How long does a Division 7A loan have to last?

The rate of interest on these loans must not be less than a prescribed benchmark interest rate for each year of the loan. The term of the loan must not exceed either 25 years, if the loan amount is secured by a registered mortgage over real property, or 7 years otherwise.

How are commercial loans excluded from Division 7A?

Amounts covered by qualifying commercial loans are “excluded” from the calculations under Division 7A. To qualify, such loans must be in writing and meet the minimum interest rate and maximum term criteria set by the ATO. The rate of interest on these loans must not be less than a prescribed benchmark interest rate for each year of the loan.