The Federal Court has set aside an AAT decision that income a business analyst derived through a company was subject to the PSI rules.
The ATO has recently seen a significant increase in queries about compassionate release of super.
An updated practice statement outlines options available for the ATO to recover a tax debt where the debtor is outside Australia.
The ATO has released its presentation to the 2019 Association of Superannuation Funds of Australia National Policy Roadshow outlining emerging focus areas for 2019–2020.
The law is being changed to let the ATO report business tax debt information to credit reporting bureaus where businesses avoid their tax debts.
The ATO is writing to small employers who have yet to start reporting or apply for a deferral, to remind them of their STP obligations.
Almost 700,000 taxpayers have claimed $2 billion of “other” expenses including non-deductible items such as dental costs, childcare and Lego sets.
The ATO reminds taxpayers who receive any foreign income from investments, family members or working overseas to make sure they report it this tax time.
The ATO says that $10 billion has been refunded to Australian taxpayers so far this tax time, an increase of over $2 billion from this time last year.
The government’s Stay Smart Online website warns there has been a surge in scammers impersonating myGov and the ATO to trick people into giving them money or personal details.
The Commissioner has released the amounts considered reasonable for employee claims for overtime meal expenses, domestic travel expenses and overseas travel expenses.
Older Australians downsizing from their family homes have contributed $1 billion to their superannuation funds.
The ATO says it has now collected over $250 million in additional GST since the GST on low value goods measure began on 1 July 2018.
The ATO said it will acquire overseas movement data from the Department of Home Affairs (DHA) for individuals with an existing HELP, VSL or TSL debt.
For businesses, taxi travel by an employee is an exempt benefit if the travel is a single trip beginning or ending at the employee's place of work
The ATO has released a guide to help employees decide whether their work expenses are deductible, and what records they need to keep.
The ATO is contacting Single Touch Payroll enabled employers who have either ceased reporting for over 45 days or have submitted employees under multiple payroll or BMS IDs.
The amount of the offset taxpayers may be entitled to, and the amount of any refund, will differ for everyone depending on individual circumstances.
Starting immediately, low and middle income earners with an income up to $126,000 will receive up to $1,080 in LMITO
The Government has announced that it will lower the social security deeming rate for financial investments.
To help taxpayers work out what they can claim, the ATO has developed 30 occupation guides for specific occupations.
Where employers report through STP and clients are linked to ATO online services through myGov, the ATO will inform via myGov that their end of year payment summary (income statement) is "Tax ready".
Another financial year is about to finish! As a business owner, there are many obligations that you need to consider and action just before and after 30 June.
There’s recently been a big tax law change that may reduce the tax deductions for many businesses across Australia.
The Minimum Wage Panel on 30 May 2019 handed down its minimum wage decision for 2019.
The ATO has reminded businesses that employ backpackers that they may need to pay superannuation guarantee for them.
The Treasury Laws Amendment (Protecting Your Superannuation Package) Act 2019 introduces a number of reforms to protect individual's super savings from undue erosion by fees and unnecessary insurance
The Federal Court has dismissed an appeal against a decision to pay a superannuation death benefit pension to a deceased’s de facto partner instead of a lump sum to his estate. It was not satisfied that the Tribunal had misunderstood its task or failed to take into account all the circumstances of the relationship.
The Commissioner has published a gazette notice setting out the record keeping requirements for cryptocurrency owners and traders. The data obtained from cryptocurrency designated service providers is being used to identify the buyers and sellers of crypto-assets and quantify the related transactions.
The Ombudsman has called for the ATO to immediately cease debt recovery action where tax disputes were before the AAT. The ATO states that its long standing policy on debt recovery for cases in dispute at the AAT is to only pursue disputed debt in "exceptional circumstances" and that there are only ''very rare cases''.
With reported unpreparedness for (STP), mainly among small businesses, the ATO has reminded businesses about the STP exemptions and deferrals that are available.
For the first time, as a result of the introduction of Single Touch Payroll (STP), taxpayers may need a myGov account in order to get the payment summary details they need to complete their 2019 tax returns.
The Notice of Requirement to Lodge a Return for Income Year Ended 30 June 2019 has been registered. This covers income tax returns and other lodgements.
Now that the Federal Election has been won by the Coalition, many people are wondering about how this affects their tax position this year.
While the Coalition have promised company tax cuts and individual tax cuts, the majority of these are planned for a few years’ time.
Now that the Federal Election has been won by the Coalition, our combined focus needs to be on how you can save tax before 30 June 2019!
The Australian Taxation Office (ATO) is closing in fast on everyone who doesn't properly declare their income and pay the correct amount of tax.
As your Tax Accountants, we want to help you be aware of what the ATO is doing and how you can protect yourself.
The following information is new on ato.gov.au since the last update
There are a huge number of tax laws that may change this year as a result of the upcoming 2019 Federal Election.
The Government will provide ATO funding of $42.1 million over four years to increase activities to recover unpaid tax and superannuation liabilities. These activities will focus on larger businesses and high wealth individuals to ensure on-time payment of their tax and superannuation liabilities. However, the measure will not extend to small businesses.
The Budget contains important changes to the instant asset write-off rules. These changes are in addition to the measures contained in a Bill currently before Parliament. The key changes will apply to small businesses, and has been extended to medium sized businesses.
In the 2019–2020 Federal Budget, the Coalition Government announced its intention to provide further reductions in tax through the non-refundable low and middle income tax offset (LMITO). The Government says these changes will maintain a progressive tax system. For the 2018–2019 income year, the Medicare levy low-income threshold for singles will be increased, this will include single seniors and pensioners eligible for the seniors and pensioners tax offset. STP data will be expanded to include more information about gross pay amounts and other details. These changes will reduce the compliance burden for employers and individuals reporting information to multiple Government agencies.
The Administrative Appeals Tribunal (AAT) has decided that a property a small business owner used to store materials, tools and other equipment was an active asset for the purpose of the small business capital gains tax (CGT) concessions.
The taxpayer carried on a business of building, bricklaying and paving through a family trust. He owned a block of land used to store work tools, equipment and materials, and to park work vehicles and trailers. There was no business signage on the property.
After the property was sold in October 2016, the ATO issued a private ruling that the taxpayer was not entitled to apply the small business CGT concessions to the capital gain because the property was not an “active business asset”.
However, the AAT concluded that the business use of the land was far from minimal, and more than incidental to carrying on the business. This meant the CGT concessions could be applied.
ATO Commissioner Chris Jordan has advised that as part of the ATO’s broad random enquiry program, its auditors have recently completed over 300 audits on rental property tax deduction claims and “found errors in almost nine out of 10 returns reviewed”.
The ATO is seeing incorrect interest claims for entire investment loans where the loan has been refinanced for private purposes, incorrect classification of capital works as repairs and maintenance, and taxpayers not apportioning deductions for holiday homes when they are not genuinely available for rent.
The ATO’s next area of focus will be rental income and related deductions, to help taxpayers report the right information, claim only the amounts they are entitled to, and “close the tax gap”.
The ATO reminds businesses to be aware that under the current law, if they have missed a superannuation payment or haven’t paid employees’ super on time, they are required to lodge a superannuation guarantee (SG) charge statement.
Until law giving effect to the proposed superannuation guarantee amnesty is enacted, the ATO says it will continue to apply the existing law, including applying the mandatory administration component ($20 per employee per period) to SG charge statements lodged by employers.
The Bill containing the amnesty was still before the Senate when Parliament most recently concluded on 22 February 2019.
If it is eventually passed into law, the proposed amnesty will be a one-off opportunity for employers to self-correct their past SG non-compliance without penalty. It is intended to be available for 12 months from 24 May 2018 to 23 May 2019. The ATO will apply the new law (if it is passed) retrospectively to eligible voluntary disclosures made during this period.
Single Touch Payroll (STP) is a payday reporting arrangement where employers need to send tax and superannuation information to the ATO from their payroll or accounting software each time they pay their employees. STP reporting started gradually from 1 July 2018, and it will be required for all small employers (with fewer than 20 employees) from 1 July 2019.
A range of no-cost and low-cost STP solutions are now coming into the market. The solutions are required to be affordable (costing less than $10 per month), take only minutes to complete each pay period and not require the employer to maintain the software. They will best suit micro employers (with one to four employees) who need to report through STP but do not currently have payroll software.
Mr Robert Cornall, a former Secretary of the Attorney-General’s Department, will lead a review of the Scheme for the Compensation for Detriment Caused by Defective Administration (the CDDA Scheme).
The CDDA Scheme allows Commonwealth Government agencies (including the ATO) to pay discretionary compensation when a person or an organisation suffers as a result of defective administration but there is no legal requirement to make a payment.
Mr Cornall’s review will consider the consistency of the ATO’s CDDA Scheme processes for small businesses, the timeliness of decisions, how effectively findings are communicated, how independent decision-making can be best achieved in future, and the adequacy of compensation for small businesses that have suffered an economic and/or personal loss as a consequence of the ATO’s actions.
Minister for Small and Family Business Michaelia Cash has asked Australian Small Business and Family Enterprise Ombudsman Kate Carnell to look into the ATO’s practices in pursuing early recovery of tax debts from small businesses who are in dispute with the ATO.
The Minister said she was determined to make sure the ATO treats small businesses fairly.
“Early recovery can be devastating for a small business, and is particularly damaging when the small business disputes the recovery and then goes on to win the case,” she said.
The Ombudsman will look into the extent of the problem to gather a holistic picture of how current systems impact people running small businesses. The scrutiny will focus on historical cases and will not include live cases currently before the Administrative Appeals Tribunal.
The ATO has released its latest small business benchmarks, providing over 100 different industries with average cost of sales and average total expenses. Businesses can see clearly what the relevant benchmarks are for their industry. The benchmark data is drawn from over 1.5 million small businesses around Australia.
Business owners can use the benchmarks to gauge the strength of their business and keep an eye on their competition.
The benchmarks also help the ATO identify small businesses that may be doing the wrong thing and not properly reporting some or all of their income.
TIP: Using the business performance check tool in the ATO app is the quickest and easiest way to work out how your small business compares to the benchmarks. Search for “Australian Taxation Office” on the App Store or Google Play.
The Small Business Ombudsman, Kate Carnell, has announced that taxpayers wanting an external review of an adverse tax decision by the ATO through the Administrative Appeals Tribunal (AAT) can now contact the office of the Australian Small Business and Family Enterprise Ombudsman for assistance.
From 1 March 2019, small business owners without legal representation can access an hour with an experienced small business tax lawyer at a significantly reduced cost, subsidised by the office of the Ombudsman. Lawyers can review relevant documents and provide advice on the viability of an appeal. And should an appeal progress, the Ombudsman’s case managers will help the small business owner through the process.
Small business taxation decisions will be finalised within 28 days from the date of a hearing at the AAT.
Fringe benefits tax (FBT) returns will soon be due and as always, it’s vital to make sure you use the latest rates and rely on the correct information.
FBT rates have recently been updated for the year, and a range of other factors may be need to be considered, including using the best car parking valuations, correctly identifying which travel expenses are deductible, considering how FBT applies to your arrangements with employees and independent contractors, and making sure you keep within the entertainment benefits rules. Another issue to keep an eye on is employees’ private use of work vehicles.
TIP: We can provide advice on these matters and more, and help get your FBT return lodged on time.
A more relaxed “similar business test” will be available to work out whether a former company's tax losses and net capital losses can be used as a tax deduction for a new business.
Individuals with income and super contributions above $250,000 are subject to an additional 15% tax on their concessional contributions.
The ATO and other government agencies currently have limited information about the income of “gig workers” in the sharing economy.
External collection agencies will focus on income tax and activity statement lodgments.
While the ATO regularly contacts people by phone, email and SMS, there are some tell-tale signs that you’re being contacted by someone who isn’t with the ATO.
Prime Minister Scott Morrison recently announced the intention to increase the instant asset write-off for small businesses from $20,000 to $25,000.
The government’s latest initiatives targeting non-compliance with SG obligations give businesses plenty to think about.
Legislation has recently passed to bring in STP reporting for all small employers from 1 July 2019.
There are a huge number of tax laws that may change this year as a result of the upcoming 2019 Federal Election.
The ATO is reviewing GST payments for arrangements where property developers acquire land from government entities.
The Federal Government intends to align genuine redundancy and early retirement scheme payments with the Age Pension qualifying age.
The ATO has released updated guidance on tax-deductible home office and electronic device expenses.
The ATO has issued tips for avoiding common errors when reporting net small business income and claiming the small business income tax offset for unincorporated small businesses.
The Federal Government intends to make it easier, cheaper and quicker for small businesses to resolve tax disputes with the ATO.
Homeowners may have to pay CGT where there is a formal agreement for a family member to reside in their home; the Board of Taxation will review this treatment.
The ATO has begun issuing determinations for individuals’ excess concessional contributions to super for the 2017–2018 financial year.
From 1 July, a new 12-month exemption from the work test for new retirees aged 65–74 with total super below $300,000 will give many older Australians extra time to boost their super.
The Federal Government has allocated $1 million to set up 10 tax clinics at Australian universities under a trial program.
An electronic information-sharing mechanism to allow super assets to be more swiftly and accurately identified during family law proceedings.
The Government has announced it will establish new funds to provide longer-term equity funding for small businesses.
The ATO has warned taxpayers and their agents to be on high alert for tax scams.
The ATO has issued guidance to provide information about how the First Home Super Saver and downsizer contribution schemes work.
Taxation Determination TD 2018/15 considers the CGT consequences of granting an easement, profit à prendre or licence over an asset.
The Government will amend the super tax laws to to address some minor but important issues, as part of the ongoing super reforms.
Some businesses are making simple mistakes reporting their GST.
Eligible corporate taxpayers will pay 25% in 2021–2022, rather than from 2026–2027.
The ATO has reported a decline in the overall value of work-related deductions for tax time 2018.
The ATO has started issuing excess concessional contributions determinations for 2017–2018.
The ATO has published information about how tax applies for people who receive compensation from financial institutions.
Non-business travel costs connected to residential rental properties are not deductible; the ATO has released new guidance.
The Government and Labor have agreed to bring forward planned small business tax cuts; reductions in the corporate tax rate and small business offset have also been accelerated.
Electronic sales suppression tools that misrepresent or hide business income are now banned.
The ATO expects that 200,000 people could miss out on a tax refund this year because they haven’t lodged a tax return.
The Institute of Public Accountants (IPA) and the IPA Deakin SME Research Centre have recommended a range of tax reforms
ATO Assistant Commissioner Superannuation Tara McLachlan has given a speech on “Administration issues under the transfer balance cap”.
Closing submissions on super entities set out the relevant evidence in relation to the 17 entities examined
A closer look at the methods that help to process tax returns and correct mistakes.
ATO education campaign to help correctly claim work-related expenses using its guides and tool kits.
The Government will extend the current instant asset write-off ($20,000 threshold) for small business entities (SBEs) by 12 months to 30 June 2019. This applies to businesses with aggregated annual turnover less than $10 million.
Buying a business requires careful consideration of various choices. This checklist highlights common areas that must be considered when buying a business. A business can be purchased by purchasing either the business’s assets or the shares in the company or interests in the trust.
It is important to conduct a thorough due diligence review before making a decision to buy. The review should find out as much information about the business as possible, which you can then discuss with your adviser. You should also consider how embarking on a business venture would fit with your personal circumstances.
Observations from the ATO Deputy Commissioner, Superannuation, at the National SMSF Conference in Melbourne.
The ATO has updated its tax guidelines for cryptocurrency transactions.
A Bill has been passed to extend the small business $20,000 instant asset write-off threshold for another 12 months.
The Parliamentary Standing Committee on Tax and Revenue’s report on taxpayer engagement with the tax system recommends transitioning towards a standard tax deduction and a “push return” tax system.
ATO Assistant Commissioners’ update on SMSF issues and practical considerations
Public examinations of more than 45 entities have commenced in the Federal Court.
The proposed new rules will ensure offshore sellers of hotel accommodation in Australia calculate their GST turnover in the same way as local sellers.
Funds in the “growth” category continue to provide strong positive returns.