Company loan to pay down the mortgage

HomeInsights

Company loan to pay down the mortgage. 


A friend’s accountant suggested that they could reduce interest on non-deductible debt by using company cash to offset their personal mortgage, then transferring the cash back by 30 June. Is this an acceptable strategy? 


This might initially sound like a brilliant strategy but what is really happening is that you are using company funds to derive a personal benefit. Doing this once might not attract attention, but doing this more than once might trigger a deemed unfranked dividend under Division 7A. Section 109R is designed for scenarios like this.


If this occurs, the repayment you made will be ignored, meaning that a deemed dividend could be triggered in relation to the funds initially borrowed from the company unless a complying loan agreement is put in place, in which case minimum loan repayments would need to be made to prevent a deemed dividend from arising.


For example, let's assume you are a shareholder of the company (or an associate of a shareholder) and you borrow money from the company on 1 July 2022. This loan would generally fall within the scope of Division 7A, but a deemed dividend can be avoided if the loan is fully repaid by the earlier of the due date and actual lodgement date of the company's 2023 tax return. 


However, if you repay the loan but it appears that you intend to borrow a similar or larger amount from the company when making the repayment then the repayment can be ignored. The main exception to this is where the repayment is made in a way that is taxable to the individual (e.g., dividends or directors’ fees are set-off against the loan balance).


One of the most common situations where section 109R could apply is where funds are taken from the company bank account and placed into a director's home loan offset account.

Even if the funds are transferred back to the company before the end of the year, there is a significant risk of section 109R applying if the pattern repeats. That is, the money will be treated as a dividend and taxed as assessable income.

Questions?

Give us a call or email if you'd like help to understand what this means for you and your business.


GET IN TOUCH GET IN TOUCH



2 Feb '26

2026 EXPRESSIONS OF INTEREST - Skybots: RPA & A.I - 2-Days Training Course

After overwhelming demand and sold-out sessions in Perth, Brisbane, Sydney, Melbourne and Mornington in 2025, we’re inviting expressions of interest for 2026. If you missed out earlier or are ready to dive into hands-on automation training, we’re considering additional sessions in various locations across Australia in 2026.


READ MORE READ MORE
15 Dec

SKYBOTS: RPA & AI Training Course - Melbourne CBD

LIVE 2-DAY COURSE - MELBOURNE CBD
15 & 16 December 2025

Join SkyBots’ 2-day Workshop with automation expert Daryl Aw to revolutionise your workflow using Power Automate, UiPath, VBA, and cutting-edge AI tools like Copilot and ChatGPT. Tailored for accounting and finance professionals, bookkeepers and small business owners, this hands-on training will teach you to automate repetitive tasks, generate and optimise VBA scripts, and deploy robust automation solutions independently.


READ MORE READ MORE
11 Dec

SKYBOTS: RPA & AI Training Course - Sydney CBD

LIVE 2-DAY COURSE - SYDNEY
11 & 12 December 2025

Join SkyBots’ 2-day Workshop with automation expert Daryl Aw to revolutionise your workflow using Power Automate, UiPath, VBA, and cutting-edge AI tools like Copilot and ChatGPT. Tailored for accounting and finance professionals, bookkeepers and small business owners, this hands-on training will teach you to automate repetitive tasks, generate and optimise VBA scripts, and deploy robust automation solutions independently.


READ MORE READ MORE
8 Dec

SKYBOTS: RPA & AI Training Course - ADELAIDE CBD

LIVE 2-DAY COURSE - ADELAIDE CBD
8 & 9 December 2025

Join SkyBots’ 2-day Workshop with automation expert Daryl Aw to revolutionise your workflow using Power Automate, UiPath, VBA, and cutting-edge AI tools like Copilot and ChatGPT. Tailored for accounting and finance professionals, bookkeepers and small business owners, this hands-on training will teach you to automate repetitive tasks, generate and optimise VBA scripts, and deploy robust automation solutions independently.


READ MORE READ MORE
3 Dec

Can I pay out my car loan early; and should I?

In most cases, car loans in Australia can be paid out before the end of the loan term. However, depending on your loan type and lender, early repayment fees may apply.


READ MORE READ MORE
1 Dec

Does consolidating debt really save you money?

Debt consolidation involves rolling several existing debts into a new single loan. Instead of managing five different repayments.


READ MORE READ MORE
28 Nov

Should you consider principal and interest from day one?

Choosing a principal and interest loan from the outset can lead to long-term savings and financial security.


READ MORE READ MORE
26 Nov

Capital city house prices surge at fastest pace in four years

Australia's housing market is heating up with property prices across capital cities rising at their fastest rate in almost four years.


READ MORE READ MORE
26 Nov

5 steps to accessing your home’s equity to buy an investment property

This is a great time to explore your mortgage options. You may need to refinance your current loan or take out an investment loan.


READ MORE READ MORE
24 Nov

Gold coast unit prices overtake Sydney

Gold Coast unit prices have overtaken Sydney's for the first time, marking a significant milestone for the Queensland coastal market.


READ MORE READ MORE
21 Nov

Is equipment finance right for tradesmen and contractors?

Equipment finance makes the most sense when it helps your business grow. If new machinery will increase productivity, open up new contracts, or allow you to expand your services.


READ MORE READ MORE
20 Nov

SMART Wins at Mornington Peninsula Shire Awards

SMART Business Solutions is proud to announce its recognition as the winner of Excellence in Local Community Connection (Medium–Large Business) and Excellence in Access and Inclusion at the 2025 Mornington Peninsula Business Excellence Awards.


READ MORE READ MORE
19 Nov

5 Mistakes To Avoid When Financing Business Equipment

A good rule of thumb is to match the finance term to the useful life of the asset. This ensures your repayments align with the equipment’s value to your business.


READ MORE READ MORE
19 Nov

The Hidden Tax Risks of Using Personal Offset Accounts for Business Funds

It might seem like a clever strategy - moving surplus business cash into your personal mortgage offset account to save on home loan interest, then shifting it back to the company around tax time. But there’s a catch: the ATO sees this, and they’re not fans.


READ MORE READ MORE
17 Nov

Foreign investment surges in australian commercial property

Commercial property has rebounded strongly, reaching $15.9 billion year-to-date through the second quarter of 2025.


READ MORE READ MORE

Related News

20 Nov

SMART Wins at Mornington Peninsula Shire Awards

SMART Business Solutions is proud to announce its recognition as the winner of Excellence in Local Community Connection (Medium–Large Business) and Excellence in Access and Inclusion at the 2025 Mornington Peninsula Business Excellence Awards.


READ MORE READ MORE
19 Nov

The Hidden Tax Risks of Using Personal Offset Accounts for Business Funds

It might seem like a clever strategy - moving surplus business cash into your personal mortgage offset account to save on home loan interest, then shifting it back to the company around tax time. But there’s a catch: the ATO sees this, and they’re not fans.


READ MORE READ MORE
11 Nov

Why Mental Health and Money Must Be Managed Together

Running a small business has always been personal. Every sale, every setback, every sleepless night - it all comes back to the same person: the owner.


READ MORE READ MORE