This paper outlines what you need to know and importantly, what you should be doing NOW with respect to at call loans. It covers the scenario where a company has been lent money, specifically looking at the implications of the debt/equity rules now that the transitional provisions no longer have application and importantly the topical issue of 'statute barred' debt and the ramification from the WA perspective.
Impact of debt equity rules:
- key impacts from 1 July 2005
- which at call loans are affected
- what it means to have a 'loan' treated as equity
- impact on the provisions (transfer pricing, withholding tax, etc.)
- concessions for small business
- what should you do?
Statute barred:
- statute of limitations - WA perspective
- loans repayable on demand
- refreshing the limitations period
- acknowledgement of debt
- part payment of loan
- Section 108 of Div 7A
- proposed offer by the ATO
- a suggested action plan.