Document ID: chunk:federal_register_of_legislation:C2025C00014:section:78a:p9
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 78A (pt 9/17)
Character Range: 437861–440938

non‑share dividends
109BB Application of Division to closely‑held corporate limited partnerships
109BC Application of Division to non‑resident companies
Subdivision B—Private company payments, loans and debt forgiveness are treated as dividends
109C Payments treated as dividends
109CA Payment includes provision of asset
109D Loans treated as dividends
109E Amalgamated loan from a previous year treated as dividend if minimum repayment not made
109F Forgiven debts treated as dividends
Subdivision C—Forgiven debts that are not treated as dividends
109G Debt forgiveness that does not give rise to a dividend
Subdivision D—Payments and loans that are not treated as dividends
109H Simplified outline of this Subdivision
109J Payments discharging pecuniary obligations not treated as dividends
109K Inter‑company payments and loans not treated as dividends
109L Certain payments and loans not treated as dividends
109M Loans made in the ordinary course of business on arm's length terms not treated as dividends
109N Loans meeting criteria for minimum interest rate and maximum term not treated as dividends
109NA Certain liquidator's distributions and loans not treated as dividends
109NB Loans to purchase shares under employee share schemes not treated as dividends
109P Amalgamated loans not treated as dividends in the year they are made
109Q Commissioner may allow amalgamated loan not to be treated as dividend
109R Some payments relating to loans not taken into account
Subdivision DA—Demerger dividends not treated as dividends
109RA Demerger dividends not treated as dividends
Subdivision DB—Other exceptions
109RB Commissioner may disregard operation of Division or allow dividend to be franked
109RC Dividend may be franked if taken to be paid because of family law obligation
109RD Commissioner may extend period for repayments of amalgamated loan
Subdivision E—Payments and loans through interposed entities
109S Simplified outline of this Subdivision
109T Payments and loans by a private company to an entity through one or more interposed entities
109U Payments and loans through interposed entities relying on guarantees
109UA Certain liabilities under guarantees treated as payments
109V Amount of private company's payment to target entity through one or more interposed entities
109W Private company's loan to target entity through one or more interposed entities
109X Operation of Subdivision D in relation to payment or loan
Subdivision EA—Unpaid present entitlements
109XA Payments, loans and debt forgiveness by a trustee in favour of a shareholder etc. of a private company with an unpaid present entitlement
109XB Amounts included in assessable income
109XC Modifications
109XD Forgiveness of loan debt does not give rise to assessable income if loan gives rise to assessable income
Subdivision EB—Unpaid present entitlements—interposed entities
109XE Simplified outline of this Subdivision
109XF Payments through interposed entities
109XG Loans through interposed entities
109XH Amount and timing of payment or loan through interposed entities
109XI