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Tax Facts - Loans to Shareholders

Advances (or loans), including the forgiving of debts, made by a private company to a shareholder (or an associate of a shareholder) are automatically deemed to be dividends, unless they come within certain specified exclusions. The deemed dividend can only apply to the unpaid present entitlement to which the private company is entitled.

If the advances are converted to a loan before the due date of the company's income tax return, the advances will not be treated as a dividend. However, this loan must be written and have a maximum term and minimum interest rate.

There is also a requirement that the shareholder make minimum repayments on the loan. If the minimum repayments are not made, a deemed dividend will arise in relation to the shortfall.

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The partners and staff at Brewster Walsh & Associates have a long history in the green triangle region and have gained expertise across a wide cross section of businesses and industries.  We offer a full range of advisory, accountancy, audit and business services.

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Brewster Walsh & Associates provides links to a number of on-line resources which may be of interest to our clients.  This material is not provided by way of advice.  Any action will need to be assessed in the light of your particular situation.

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