The following payments and loans are not treated as dividends under Section 109 of Division 7A of Income Tax Assessment Act 1936 (ITAA 1936):

1. A payment of a genuine debt;

2. A payment / loan to another company;

3. A loan made in the normal course of business on commercial terms;

4. A loan meeting specific minimum interest rate and maximum term criteria;

5. For loans made in the 2004 / 2005 or later income year that is repaid or put on a commercial footing before the company's lodgment day;

6. A distribution or loan made by a liquidator;

7. A loan made solely for the purpose of enabling a shareholder or their associate to acquire an employee share scheme;

8. Certain Amalgamated loans; and

9. A demerger dividend.