We're a Baker Tilly network member
Learn more
Federal Budget 2019-20: Private tax
Technical article

Federal Budget 2019-20: Private tax

The Government has heeded concerns and delayed the start date of Division 7A changes for 12 months.

Access your full Federal Budget 2019-20 review here

Further consultation on Division 7A

The Government has delayed the proposed start date of changes to Division 7A by a year, to commence on 1 July 2020, rather than 1 July 2019. The delayed start date is to allow time to further consider stakeholders’ views on the Treasury consultation paper released in October 2018.

In a submission to Government, Pitcher Partners raised serious concerns that the proposed changes to Division 7A would make it harder for middle market businesses to comply with the provisions and conduct their businesses, particularly in cases where there is no private use of funds. In particular, Pitcher Partners highlighted a number of proposals by Treasury that appeared especially restrictive, such as amendments to the requirements for complying loans, removal of the distributable surplus concept, extending the ability for the ATO to amend tax returns from 4 years to 14 years, removing grandfathering of pre-existing arrangements, shortening of 25-year secured loan arrangements, and increasing the benchmark interest rates from (circa) 5% per annum to (circa) 10% per annum for business related loans. It is positive that the Government has listened to these concerns.

Importantly, the Government has announced it will engage in further consultation to ensure appropriate treatment of transitional arrangements, so taxpayers are not unfairly prejudiced. The Government will reconsider how existing concessional arrangements (such as pre-1997 loans, pre-2009 unpaid trust entitlements, post-2009 unpaid trust entitlements and 25-year secured loans) will be treated when brought into the new regime.

The delayed commencement date gives taxpayers additional time to consider their existing arrangements and may, depending on the result of further consultation, allow existing or new concessional arrangements to remain in place.

This content is general commentary only and does not constitute advice. Before making any decision or taking any action in relation to the content, you should consult your professional advisor. To the maximum extent permitted by law, neither Pitcher Partners or its affiliated entities, nor any of our employees will be liable for any loss, damage, liability or claim whatsoever suffered or incurred arising directly or indirectly out of the use or reliance on the material contained in this content. Pitcher Partners is an association of independent firms. Pitcher Partners is a member of the global network of Baker Tilly International Limited, the members of which are separate and independent legal entities. Liability limited by a scheme approved under professional standards legislation.
Pitcher Partners insights Get the latest Pitcher Partners updates direct to your inbox

Thank you for you interest

How can we help you?

Business or personal advice
General information
Career information
Media enquiries
Contact expert
Become a member
Specialist query
Please provide as much detail to ensure appropriate allocation of your query
Please highlight a realistic time frame that will enable us to provide advice within a suitable and timely manner. Please note given conflicting demands with our senior personnel, we will endeavour to respond to you within the nominated time frame. If you require an urgent response, please contact us via [email protected] or 03 8610 5477.
CPN Enquiry
Business Radar report
Student careers 2021-22
Find an expert
Search by industry