Published 2 October 2026 · Stewart Private Accounting
If you operate through a private company, using its money for personal bills can create a tax problem even when you call the transaction a loan. Division 7A can treat certain payments, loans and forgiven debts involving shareholders or their associates as unfranked dividends. A regular review of owner transactions is more useful than trying to resolve a year’s drawings just before lodgment.
Why is company money different from sole trader drawings?
Your company is a separate entity. Being its director or shareholder does not make its bank account your personal account. Recording a private purchase as a business expense does not make it deductible or remove any Division 7A consequences. The ATO outlines the rules in Private company benefits – Division 7A dividends.
Division 7A is not a rule that every director transfer automatically breaches. The recipient, nature of the transaction, exceptions and company circumstances must be assessed. For example, a genuine repayment of money the company already owes you is different from a new advance by the company.
What transactions should you flag?
- Transfers from the company account to a personal account.
- Private mortgage, school-fee or holiday payments made by the company.
- Private costs on the company credit card.
- Loans to shareholders, family members or other associates.
- Use of company assets or a decision to forgive a related debt.
Keep the transaction visible in the records. Do not hide it in a general expenses account or assume a year-end journal will fix it.
What is the deadline for a new company loan?
A loan potentially caught by Division 7A generally needs to be repaid in full or placed on complying terms before the company’s lodgment day. That is the earlier of its tax return due date and the date it actually lodges. Early lodgment can therefore bring the deadline forward.
A complying written agreement must meet the relevant interest and term requirements. The usual maximum term is seven years, with a 25-year term available only where the specific registered real-property mortgage conditions are met. Do not assume that labelling an account “director loan” creates an agreement. The ATO’s Division 7A guidance on company loans explains the requirements.
Does an agreement remove the need for repayments?
No. Complying loans require minimum yearly repayments in subsequent income years, using the applicable annual benchmark interest rate. For a standard 30 June balancing business, those repayments need attention before 30 June, rather than the later tax return date. The ATO’s Division 7A calculator can assist with the calculation using the loan’s actual details.
Repaying a loan and then borrowing back from the company can cause the repayment to be disregarded. A paper entry without a genuine transaction may also fail. The ATO identifies these issues in its common Division 7A errors guidance.
A practical example
Imagine a shareholder uses $15,000 from their company for private expenses during 2025–26 and the balance remains owing. The accountant needs to examine the transactions and the company’s lodgment day before deciding whether repayment, a complying loan or another properly documented treatment is appropriate. If a complying loan is established, future interest and minimum repayments must also be managed. This illustration does not assume an automatic $15,000 dividend: exceptions and the company’s distributable surplus can affect the result.
What should you bring to a review?
Prepare company and personal transaction records, the loan ledger, existing agreements, repayment evidence and the tax return due date. Tell your accountant if you plan to lodge early. Salary, dividends, expense reimbursements and loan repayments each need their own correct treatment.
Our company accounting services and tax planning services can help identify owner balances and the actions needed. Contact Stewart Private Accounting before withdrawing company funds or finalising the return.
General information current at 2 October 2026. Your business structure, transactions and circumstances affect the outcome. Obtain advice before acting.




