tax-refund

Single Touch Payroll

Overview

Single Touch Payroll (STP) is a change to how businesses will report employee information to the ATO. Payments such as salaries & wages, pay as you go (PAYG) withholding and superannuation will be reported directly to the ATO each time your employees are paid. This will be done via your payroll software. At present, salary & wage and PAYG withholding information is provided to the ATO via your Business Activity Statements, while superannuation information is provided to superannuation funds only when the contributions are made.

Who does Single Touch Payroll apply to?

STP will be phased in for all employers. For businesses with 20 or more employees, STP will come into effect from 1 July 2018. It is proposed to be extended to businesses with less than 20 employees from 1 July 2019. Employers are required to do a head count of their employees as of 1st April 2018 to determine if they are required to start reporting from 1 July 2018. Full-time, part-time and casual employees are all included in the count while independent contractors do not.

The benefits of Single Touch Payroll reporting

The main drawback for the transition to single touch payroll is having to become familiar with the new process. Some employers may also have to purchase new software to meet the STP requirements.

Despite this, there will be numerous benefits from the change:

For employers

  • As payroll reporting will be combined with the pay run process, some end of year reporting (such as providing payment summaries) will be eliminated
  • The withholding fields on Activity Statements will be automatically generated based on the payroll information eliminating potential errors
  • Super choice forms and TFN declarations can be completed online saving time when taking on new employees

For employees

  • Real time access to employment income and superannuation information via MyGov
  • Payroll information will prefill into tax returns

How to report

education-expense

When it comes to meeting the STP reporting obligations employers will have three options:

  1. Report through your current payroll software such as your bookkeeping, accounting or payroll software

Most payroll software providers (like Xero, MYOB and QuickBooks) have been working to make their software STP enabled. The provider may offer:

  • An end-to-end solution where their software allows the reporting and sending of the file to the ATO, or
  • A partial solution where the software only allows for STP reporting. In this case the file will need to be sent separately through a third party.

If you haven’t been advised of your payroll software provider of their STP status you can either contact them or refer to Australian Business Software Industry Association (ABSIA) website. Most payroll software providers will have extensive information available on their website as well.

2. Report from a new STP ready payroll solution

You will need to choose a new STP ready payroll software where you are currently reporting payroll information to the ATO using paper forms or where your current payroll software will not offer STP reporting. You can check the ABSIA website for STP ready solutions.

3. Utilise the services of a third party who can report through STP on your behalf.

Getting ready for Single Touch Payroll

Once you determine you will be required to start STP reporting you should first contact your payroll software provider to find out:

  • If they will be STP enabled,
  • How they will offer STP reporting (eg through an update or a standalone product),
  • When they will be ready. Some software providers will have a deferred start date as they won’t be ready by July 1, and
  • What support they will offer you with the transition

If you won’t be ready for STP reporting by 1 July or your payroll providers deferred start date, you will need to apply for a deferral. The deferral request is available via the ATO website.

The ATO has announced the first 12 months of reporting will be a transition period. As a result, unless they contact you saying otherwise, no administrative penalties will apply for lodging late or making errors in your reporting.

Where to get more information

The ATO website has detailed information on the introduction and requirements of STP.

Payroll software providers also have details of their STP solutions and how they will be implemented.

Xero

MYOB

QuickBooks

For more information on this topic, or for assistance with understanding or implementing STP, contact our team at Private Wealth Accountants.

Conclusion

I have shared with you the Top 4 Tax Deductions that Most People Miss. I hope that this article can help you better understand what you can claim to increase your tax refund.

If you have any question, free feel to email us at admin@privatewealthaccounts.com.au or call us at (03) 9973 5905. We are here to help.

residential-property

Who pays GST on new residential property?

The issue of paying GST in relation to the sale of new residential property can be a complex area which continues to present challenges. Here we put the spotlight on recent proposed changes to GST on property and the implications for developers, conveyancers and purchasers.

Currently, GST is included in the purchase price of a new residential property and it is the developer who pays any GST. However, it has been reported that some developers are failing to pay GST (despite having claimed GST credits on their construction costs).

Under a measure announced in the Federal Budget in May 2017, purchasers of new residential properties or land will be required to collect and pay GST to the ATO when they buy. The Government proposed this change to start on 1 July 2018, but there have been no further public developments on this measure since the Budget and no draft legislation has been released, as at late August 2017.

Recent court case

In the latest development of the saga, the purchasers of new residential units in a Canberra development have commenced a class action to recover the GST they paid to the developer on their purchases. They allege that the units were input taxed rather than taxable – and so no GST should have been charged.

If these allegations are upheld in court, the case will represent yet another example of ongoing problems involving property developers and GST.

How will purchasers be affected?

Purchasers will be liable for paying GST directly to the ATO, which has never happened before. Most residential property buyers use conveyancing services to complete their purchases, and it seems that the Government hopes that these people will not notice much change.

How will conveyancers and developers be affected?

The Government hasn’t commented on the implications of the proposed measure for conveyancers and developers, but they may face additional compliance costs. Certainly, developers will need to change all future contracts to protect themselves if the changes are implemented.

How will GST revenue be affected?

Interestingly, the Government’s announcement stated that the proposed change would have a significant impact within Australia’s GST system.

The difference is because the timing of collection and recognition for GST on the property purchases would change.

Talk to us

We expect the Government will need to consult and give more information on this process before the confusion is sorted out. In the meantime, if you are either a purchaser of new residential property or a property developer, contact us to discuss how we can assist you with accounting for GST.

Accountant Services

Business cash payments on ATO’s radar

Cash might be king, but the use of cash by businesses is attracting attention from the ATO. It will begin visits of selected businesses to ensure that all tax obligations are met. Third-party data and risk analysis is being used to identify the types of businesses the ATO will visit, which will not be limited to one particular industry this time around.

In this competitive economic environment some businesses are increasingly turning to cash payments to dodge their tax obligations. This is becoming such an issue that the ATO has started a program of visiting businesses across Australia that may be using cash inappropriately or operating in the hidden economy.

A wide variety of resources including third-party data and risk analysis will be used by the ATO to identify the type of businesses it will visit. These include businesses that:

  • operate and advertise as “cash only” or mainly deal in cash;
  • do not take electronic payments according to data-matching;
  • are part of an industry where cash payments are common;
  • indicate unrealistic income relative to the assets and lifestyle of the business and its owner;
  • fail to register for GST or lodge activity statements or tax returns;
  • under-report transactions and income according to third-party data;
  • fail to meet super or employer obligations;
  • operate outside the normal small business benchmarks for their industry; and
  • are reported by the community for potential tax evasion.

A wide net is being cast to target all businesses that could potentially be avoiding their tax and superannuation obligations. In the course of the visits, where there are suspicions of wrongdoing, the ATO will follow up, initially by a letter which could include recommendations such as:

  • lodging a voluntary disclosure to mitigate the risk of an audit or potential prosecution;
  • investing in an electronic payment and record keeping system to reduce the risk of mistakes and meet consumer preference; and
  • attending ATO record keeping information sessions.

“In the last round of visits, three common issues of not having separate personal and business accounts, not recording all sales or keeping proper books, and having employees working off the books were found, and over 60% of businesses visited required some kind of corrective action.”

The hair and beauty, restaurant, cafe, takeaway and catering, and the building and construction industries all reported an increase in timely lodgement of activity statements after being targeted by the ATO for specific attention.

As a part of the visits, the ATO will also be working with industry associations and local authorities to educate businesses on the use of electronic payment and record keeping facilities, online lodgement, superannuation obligations to employees; proper registration and meeting of obligations, and help with business specific issues.

Need help?

To ensure that you and your businesses are not targeted under this operation, or that if you are targeted, you do not get a follow-up, the following broad suggestions may help:

  • deposit all cash payments into bank accounts;
  • keep evidence to support all income, expenses and lifestyles;
  • account for any stock used for private purposes; and
  • work out the performance of the business relative to other similar businesses in the same industry using the small business benchmarks.

If you need help with documenting your business income, expenses and stock or calculating whether your business is performing within the small business benchmarks, contact us today.

Accountant

Are you signed up to the new small business super clearing house?

The small business superannuation clearing house (SBSCH) is a convenient service that allows a small business to make superannuation contributions for its employees in one single payment. It’s important to know that access to the service has recently changed significantly. In this article we explain the steps you need to take to ensure your business can continue using the service.

Although the SBSCH itself hasn’t changed, the service has been migrated to the ATO’s Business Portal. This means your old login details will no longer work and you need to arrange access to the new system as soon as possible (if you haven’t done so already).

“Despite this minor inconvenience, the change benefits small businesses because they can now access a number of the ATO’s tax and superannuation services using one set of login details.”

The way you access the SBSCH depends on your business type.

  • Small businesses with an ABN can now access the service through the Business Portal. If you’re already using this portal, you can access the SBSCH from the “Manage Employees” menu. If you need to arrange access to the portal, you will first need to set up an approved authentication credential. You can choose from either AUSkey (which can only be used on the particular device it is installed on) or Manage ABN Connections (which allows access from any browser or mobile device).
  • Sole traders, individuals who employ others (such as carers or nannies) or businesses without an ABN can access the service through their myGov account (linked to ATO services).

Your accountant or tax professional can also manage your contributions through the SBSCH on your behalf.

Never used the SBSCH?

The SBSCH is a free service that makes it easier for small businesses to comply with their superannuation obligations. The service is available to any business with 19 or fewer employees or an annual aggregated turnover of less than $10 million.

After joining and updating the system with your employees’ details, you only need to make a single electronic payment to the service and it will distribute the separate contributions to each employee’s fund. Your contributions are “paid” on the date the SBSCH accepts them.

The SBSCH also allows you to nominate staff who are authorised to use the service on behalf of your business.

Need some assistance?

Has your business done everything it can to make superannuation compliance as easy as possible? If you need to set up access to the new SBSCH, or if you’ve never used the service and would like to sign up, contact our office for assistance.

home-super-saver

First Home Super Saver Scheme update: building on the foundations

We start the new year with headlines of “falling house prices”, but even if prices are set to come down and you keep a close eye on your finances, saving a deposit to buy your first home can be difficult. The First Home Super Saver Scheme (FHSSS) – now passed by Parliament – means that you can use superannuation to build your home deposit, and not only if you are buying a first home. Here is an update on FHSSS and other exemptions from which you could benefit.

The FHSSS allows you to make voluntary superannuation contributions, from 1 July 2017, and later withdraw them, starting from 1 July 2018, to use for a first home deposit

For many people, the FHSSS effectively operates to provide a 15% tax saving on money channelled via superannuation for a first home purchase. While the potential tax savings of the scheme will only make a small dent in the major funding required for a home purchase, the potential assistance on offer should not be ignored.

A person with assessable income above $52,000 who has the capacity to salary sacrifice the yearly maximum of $15,000 as a FHSSS contribution can achieve a respectable tax benefit, because they will save 17.5% in tax (plus Medicare levy) on the way into super, and only pay 2.5% (plus Medicare levy) on the FHSSS released amount. However, given that people with taxable incomes below $37,000 have a marginal tax rate of 19% (plus Medicare levy), the tax savings of the FHSSS are diminished for these low-income earners. So, the greatest tax benefit of the scheme will be for people earning between $52,000 and $102,000 who can salary sacrifice $15,000 and stay on the 32.5% marginal tax rate (income between $37,000 and $87,000).

Those with an income above $102,000 can achieve a 22% savings in tax (plus Medicare levy) on the way into super, but will pay 7% (plus Medicare levy) on the FHSS released amount.

Extension to those who are suffering “financial hardship”

When the scheme was first proposed it was limited to apply only to first home buyers.

“There is now a proposal to extend the scheme to home buyers who the ATO determines are suffering “financial hardship”

The Government is yet to release regulations that define what constitutes “financial hardship” and we will keep you updated on this.

What’s included?

Individuals are able to contribute up to $15,000 per year (and $30,000 in total) to their super for the purpose of a first home deposit. Employees can use salary sacrifice arrangements to make pre-tax contributions, but you should keep in mind that any FHSSS amounts you contribute will still count towards your yearly concessional contributions cap. The cap from 1 July 2017 is $25,000 – that is, your pre-tax contributions of up to $25,000 (including the mandatory super guarantee and any you make under the FHSSS) will be taxed at a “concessional” rate of 15%. Higher tax rates will apply if you exceed the cap.

Importantly, the scheme doesn’t allow you to withdraw money that you already had in super before 1 July 2017, and any FHSSS amounts you contribute will only be available for release from 1 July 2018.

Who’s eligible?

To be eligible to use the FHSSS you will need to:

  • be at least 18 years old;
  • have not used the scheme before and have never owned real property in Australia; or
  • qualify as someone who has suffered a “financial hardship” (determined by the ATO), as specified by regulations.

If you’re eligible to use the FHSSS, you won’t be disqualified if you are buying a home with someone else (such as your spouse) who isn’t a first home buyer.

How does it work?

When ready to withdraw an FHSSS amount from your super, you will need to apply to the ATO, giving a declaration of your eligibility to buy or build a residence. The ATO will issue a determination and release authority specifying the maximum amount to be withdrawn, then estimate and withhold an amount of tax and release your deposit to you. The maximum withdrawal amount will be 85% of your pre-tax (concessional) contributions. Concessional contribution amounts and associated earnings withdrawn from your super under the FHSSS will count as part of your taxable income, although a 30% tax offset will apply. Amounts released from super under the FHSSS will be excluded from the social security means tests and co-contribution income test.

After the release of your FHSSS amount, you will have 12 months to sign a contract to buy or build residential premises, and 28 days after the contract signing to notify the ATO. Your purchase can include buying vacant land to build on and occupy as your residence. You will need to occupy the residence as soon as is practicable, and for at least six months of the first year after it becomes practicable to do so. For example, if you buy a house-and-land package, you will need to occupy the house for at least six months in the first 12 months after it is built.

Important considerations

If you’re saving for your first home and think the FHSSS might be for you, there are a range of factors to consider.

A super account isn’t a capital-guaranteed bank account, so it’s important to look closely at your fund’s investment strategy and be aware of the risks involved with adding the money for your home purchase to your superannuation.

It is crucial to plan ahead, as any salary sacrificing to your super will need to be prospective. The various potential taxing points in the scheme also mean that your personal finances and circumstances may affect whether using it to save your deposit would give you a useful tax saving.

Want to know more? Contact us to discuss the latest super changes and your home deposit savings plan.

hosting-christmas

Hosting Christmas parties – what you can claim

The festive season is just around the corner and if you are an employer you may be about to host – or you may already have hosted – a Christmas party for staff to celebrate the year’s achievements. If so, it is a good idea to know about your tax obligations and health and safety regulations when it comes to hosting a party for your team.

End-of-year parties are a great way to celebrate and to thank staff for all their hard work during the year. If you do host a party, make sure you know your obligations. We look here at the tax implications for hosting parties, and for giving gifts. If you are in doubt, please contact our office so that we can help you know what could be exempt, leaving you free to enjoy the festivities safe in the knowledge that you have things covered.

Tax obligations when hosting Christmas parties

From an income perspective you may be thinking in terms of how to allocate the costs of a Christmas party. The cost of providing a Christmas party is income tax deductible only to the extent that it is subject to fringe benefits tax (FBT). Therefore, any costs that are exempt from FBT (that is, exempt minor benefits and exempt property benefits) cannot be claimed as an income tax deduction. There is no separate FBT category for Christmas parties. Any fringe benefits provided by you, an associate, or under an arrangement with a third party to any current employees, past and future employees and their associates (spouses and children), may attract FBT.

Exempt benefits – minor benefits

The good news is that the provision of a Christmas party to an employee may be a minor benefit and exempt if the cost of the party is less than $300 per employee and certain conditions are met. The benefit provided to an associate of the employee may also be a minor benefit and exempt if the cost of the party for each associate of an employee is less than $300.

“Employers should note the ATO’s view to the application of the minor benefits exemption to Christmas parties and gifts. According to the ATO, the minor benefits threshold of less than $300 applies to each benefit provided, not to the total value of all associated benefits.”

Exempt property benefits

Other costs (such as those for food and drink) associated with Christmas parties are exempt from FBT provided they are incurred on a working day, on your business premises and any food and drink is consumed by current employees. A taxable fringe benefit will arise in respect of an associate of an employee who attends the party, if not otherwise exempt under the minor benefits exemption.

Gifts provided to employees at a Christmas party

The provision of a gift to an employee at Christmas time may be a minor benefit that is an exempt benefit where the value of the gift is less than $300. Where a Christmas gift is provided to an employee at a Christmas party that is also provided by the employer, the benefits are associated benefits, but each benefit needs to be considered separately to determine if they are less than $300 in value. If both the Christmas party and the gift are less than $300 in value and the other conditions of a minor benefit are met, they will both be exempt benefits.

Health and safety at Christmas parties

While your staff may be “off the clock”, you will probably still be responsible for their health and safety. Here are some suggestions to help your workplace celebrate safely:

  • Remind staff, perhaps in an email before the event that while the party is a time to relax, it’s still a work function. You could gently remind staff to be careful if they choose to drink alcohol.
  • Make sure that any alcohol is served responsibly and that there’s enough food and non-alcoholic drinks available, too.
  • Help your staff get home safely after the event. You could organise a bus, pre-order taxis, or arrange for designated drivers.

Speak to us

The FBT year runs from 1 April to 31 March. You may not be ready to prepare your FBT until after 31 March, but you may be preparing accounts now in order to allocate the costs of the Christmas party. Speak to us for further information.

tax-scams

Tax scams: don’t be a victim

Tax scams are real and taxpayers need to be vigilant about bogus calls, text messages and emails from scammers. Some scammers go to great lengths to deceive taxpayers, including impersonating government representatives on the phone, sending fraudulent emails and even creating fake websites. It’s important to stay informed about what the latest scams look like, and know what questions to ask so you can avoid being scammed.

The ATO warns taxpayers to always watch out for scammers. Each year, the ATO receives a growing number of reports from the public of new phishing scams – it detected over 17,000 scams during the first half of 2017. Not only do scammers try to steal money, they also try to steal identities. The Government has identified several cases of misuse of stolen personal information that have led to fraudulent income tax returns, as well as GST, superannuation and welfare frauds.

Scammers are becoming more sophisticated in their attempts to defraud the public and trick people into handing over money, their tax file numbers and other personal information. A recent stratagem is to telephone people, displaying an official-looking ATO number as a caller ID so the victim feels confident enough to engage with the scammer and will provide personal information – this type of impersonation is known as “spoofing”. Sending emails containing links to bogus websites that mirror the official ATO website is also still a popular scamming method.

The typical story is that a fraudster contacts a taxpayer out of the blue claiming that the taxpayer has overpaid taxes and is entitled to a refund. The fraudster often asks the taxpayer to pay an “administration” or “transfer” fee to obtain the refund. They may also ask for the taxpayer’s personal details, including financial details such as bank account information so that the “refund” can be transferred. If the taxpayer hands over money, chances are that it is never seen again, and no transfer is forthcoming.

Another tactic is when fraudsters phone to demand that people pay allegedly unpaid taxes. The ATO is aware of one such aggressive scam where taxpayers are threatened with arrest if they do not pay a fake “tax debt” over the phone. Scammers may also demand payment in gift cards, such as iTunes or prepaid Visa cards.

“Scams are most prevalent during tax time, but it’s important to remain vigilant for them throughout the year.”

If you receive an email, a text message (SMS) or an unexpected phone call from “the ATO” claiming that you are entitled to a refund, that you owe taxes or that you must confirm, update or disclose confidential details like your tax file number, delete the message (do not click any links or download any attachments) or hang up the phone.

From time to time, the ATO itself will send emails, text messages or official social media updates to advise you of new services. However, the ATO’s messages will never request personal or financial information by SMS or email, and its representatives will never ask you to pay money into a personal bank account.

If you receive a call, an email or an SMS and are concerned about providing personal information, you can call the ATO on 1800 008 540 (8 am to 6 pm, Monday to Friday), forward the suspicious email to ReportEmailFraud@ato.gov.au or check your myGov account for any message from the ATO.

You can also contact our office for more information if you have concerns.

foundation

First Home Super Saver Scheme: lay foundations and plan to benefit

Even if you avoid café brunches and keep a close eye on your everyday spending, saving a deposit to buy your first home can be a challenge. The First Home Super Saver Scheme, announced in the 2017–2018 Federal Budget, proposes using the superannuation system to help Australians build their home deposits. The government has now released draft legislation to lay the scheme’s foundations – let’s take a look at the assistance on offer and how it would work if this draft becomes law.

The proposed First Home Super Saver Scheme (FHSSS) will allow people to make voluntary superannuation contributions from 1 July 2017 and later withdraw them, starting from 1 July 2018, to use for a first home deposit.

For many people, the FHSSS will effectively operate to provide a 15% tax saving on money channelled via superannuation for a first home purchase. While the potential tax savings of the scheme will only make a small dent in the major funding required for a home purchase, the assistance on offer should not be ignored by those who can benefit.

A person with assessable income above $52,000 who has the capacity to salary sacrifice the yearly maximum of $15,000 as a FHSSS contribution can achieve a respectable tax benefit, because they will save 17.5% in tax (plus Medicare levy) on the way into super, and only pay 2.5% (plus Medicare levy) on the FHSSS released amount. On the other hand, given that people with taxable incomes below $37,000 have a marginal tax rate of 19% (plus Medicare levy), the tax savings of the FHSSS are diminished for these low-income earners.

So, the greatest tax benefit of the scheme will be for people earning between $52,000 and $102,000 who can salary sacrifice $15,000 and stay on the 32.5% marginal tax rate (income between $37,000 and $87,000). Those with an income above $102,000 can achieve a 22% savings in tax (plus Medicare levy) on the way into super, but will pay 7% (plus Medicare levy) on the FHSS released amount.

What’s included?

Individuals would be able to contribute up to $15,000 per year (and $30,000 in total) to their super for the purpose of a first home deposit. Employees may use salary sacrifice arrangements to make pre-tax contributions, but you should keep in mind that any FHSSS amounts you contribute would still count towards your yearly concessional contributions cap. The cap from 1 July 2017 is $25,000 – that is, your pre-tax contributions of up to $25,000 (including the mandatory super guarantee and any you make under the FHSSS) are taxed at a “concessional” rate of 15%. Higher tax rates apply if you exceed the cap.

Importantly, the scheme won’t allow you to withdraw money that you already had in super before 1 July 2017, and any FHSSS amounts you contribute would only be available for release from 1 July 2018.

Who’s eligible?

To be eligible to use the FHSSS you would need to be at least 18 years old, have not used the scheme before and have never owned real property in Australia.

If you’re eligible to use the FHSSS, you wouldn’t be disqualified just because you were buying a home with someone else (such as your spouse) who wasn’t a first home buyer.

How would it work?

When ready to withdraw an FHSSS amount from your super, you would need to apply to the ATO, giving a declaration of your eligibility to buy or build a residence. The ATO would issue a determination and release authority specifying the maximum amount to be withdrawn, then estimate and withhold an amount of tax and release your deposit to you.

The maximum withdrawal amount would be 85% of your pre-tax (concessional) contributions.

Concessional contribution amounts and associated earnings withdrawn from your super under the FHSSS would count as part of your taxable income, although a 30% tax offset would apply.

Amounts released from super under the FHSSS would be excluded from the social security means tests and co-contribution income test.

After the release of your FHSSS amount, you would have 12 months to sign a contract to buy or build residential premises, and 28 days after the contract signing to notify the ATO. Your purchase could include buying vacant land to build on and occupy as your residence.

You would then need to occupy the residence as soon as practicable, and for at least six months of the first year after it becomes practicable to do so. For example, if you bought a house-and-land package, you would need to occupy the house for at least six months in the first 12 months after it is built.

Important considerations

“If you’re saving for your first home and think the FHSSS might be for you, there are a range of factors to consider.”

A super account isn’t a capital-guaranteed bank account, so it’s important to look closely at your fund’s investment strategy and be aware of the risks involved with adding the money for your home purchase to your superannuation.

While the legislation is yet to be finalised, it is important to start planning now, as any salary sacrificing to your super will need to be prospective. The various potential taxing points in the scheme also mean that your personal finances and circumstances may affect whether using it to save your deposit would give you a useful tax saving.

Want to know more? Contact us to discuss the latest super changes and your home deposit savings plan.

Treat

Will your tax return be a “trick” or “treat”?

What’s happening on 31 October? Hint: it’s not Halloween! To avoid a tax nightmare at the end of the month, get your 2017 paper work to us as soon as possible so that we can file your tax return for you on time.

To help you prepare for your tax return, here are some tips on the types of claims that are now coming under scrutiny by the ATO, and what you need to do to minimise your chance of being audited.

What do we need?

So that we can process your tax return smoothly and quickly, please supply us with the following:

  • Tax File Number (new clients);
  • annual payment summary issued by your employer detailing how much your earned and how much tax you paid in the financial year;
  • ABN (for any freelance or contract work);
  • ABN-related summary of earnings and copies of all invoices;
  • private health insurance annual statement – required to avoid Medicare Levy if earnings are over the threshold;
  • investment property annual statement – outlining rental income earned and expenses to be offset;
  • bank statements – these can be used as records of purchases, against which you may be able to claim deductions;
  • utility bills if you need to claim home office expenses;
  • receipts of work-related expenses;
  • logbook, or diary for work-related expenses (ie, car, travel).

If you’re unsure about what claims are appropriate in your industry, make an appointment with us, or give us a call and we can go through this with you.

“When considering your work-related claims, keep in mind that the ATO is coming down hard on excessive or false claims under their ‘don’t dodge when you lodge’ campaign.”

Taxpayer pitfalls in the Digital Age
The ATO is coming down hard on excessive or false claims under their “don’t dodge when you lodge” campaign.

Aided by sophisticated analytical technology, the ATO can use real-time data to assess and compare claims across occupations and income brackets, which means, as ATO Assistant Commissioner, Kath Anderson states “wrongdoing can’t fly under the radar. If a claim raises a red flag in the system, auditors will investigate further”.

In 2015–2016 the ATO conducted around 450,000 reviews and audits of individual taxpayers, resulting in adjustments of nearly $1 billion in income tax, and prosecuted over 1,300 taxpayers.

So let’s revisit the areas the key things to remember when preparing your tax return.

On the ATO’s radar

Genuine work-related expenses are generally deductible under tax law, but those coming under increased scrutiny this year are expense claims relating to:

  • making claims for home office, mobile phone and computer expenses without any evidence supporting how the claims were apportioned between private expenses and work-related expenses;
  • incorrectly claiming travel between home and work as a work-related expense; and
  • receiving a travel allowance and claiming the full amount without actually having spent that much.

Golden rules of claims

To help you make sure you are claiming to what you are entitled, here are the ATO’s three golden rules:

  1. You have to have spent the money yourself and can’t have been reimbursed by your employer.

  2. The claim must be related directly to earning your income.

  3. You need a record to prove a claim.

Whilst you don’t need to show receipts for a standard claim up to $300, you must be able to show how you estimated the claim for deduction if asked by the ATO.

The ATO will also continue to review excessive claims for work-related expenses, and will contact employers to verify what it considers to be any “unusual” claims.

Here are some tax case studies which provide examples of what cannot be claimed and the penalties for incorrect and false claims.

Some examples

False claims – car, laundry and self-education

A labourer claimed falsely for a number of deductions, including for his car, self-education, clothing and laundry work-related expenses of over $10,000 over two years. He was charged with three counts of recklessly making false or misleading statements and had to pay penalties and fines. He was unable to provide any receipts or records, and when the ATO spoke with his employer they confirmed he was not required to use his own car at work, he did not have any work-related study, and that the employer supplied and paid for his required work-related clothing and his laundry costs.

Repeated failure to lodge

A landscaper neglected to submit tax returns over a 12-year period, despite being given adequate opportunity to comply with lodgement obligations. He had two previous convictions for failing to lodge (income and GST returns) and failing to comply with a court order in relation to the same income tax returns. On those occasions, he was fined $50,000 and $63,600 respectively in March 2015 and October 2015. The landscaper was found guilty and convicted to eight months’ imprisonment. The Magistrate stated that sentencing was the only appropriate option, and commented that the previous fines imposed had not been an adequate deterrent and the community needed to know that there were serious consequences for repeatedly not lodging tax returns. This term of imprisonment was suspended, subject to a 12-month good behaviour bond with an order to lodge the required returns within six months or the landscaper would be sent to jail.

We’re here to help

Avoid any trickery and talk to us if you’re uncertain about any of your potential claims, or which records we need to process your return. We’re here to make sure you get a fair and accurate tax assessment.

travel deductions

Travel deductions to and from rental premises no longer allowed

If you own residential premises that you rent out, you should be aware that you may no longer be able to claim travel deductions connected with trips you make to and from those premises.

Travel expenditure incurred on or after 1 July 2017 in connection with residential premises from which you earn rent or other assessable income will not be deductible (subject to certain exceptions – see below). This includes expenses for travel undertaken to, for example, collect rent, inspect, or maintain the premises.

The measure was originally announced in May as part of the 2017–2018 Federal Budget. We now have legislation that will implement this.

“Travel expenditure includes motor vehicle expenses, taxi or hire car costs, airfares, public transport costs, and any meals or accommodation related to the travel”

Some workplaces require their staff to wear a uniform. Or if you’re a tradie, you will be required to wear steel capped boots, heavy duty protective clothing and other items. You could claim:

  • Uniform
  • Laundry
  • Protective shoes or non-slip shoes
  • Safety equipment and protective clothing
  • Sunglasses and sunscreen.

It does not matter where the residential premises are located. For example, if you travel by car to mow the lawn of a house you rent out, you will not be able to deduct those car expenses. Similarly, if you fly interstate for a couple of days to inspect an apartment you rent out and you stay in a hotel, you will not be able to claim a deduction for your flights, hotel, meals and taxis (eg, to and from the airport or from the hotel to the apartment).

There are a number of exceptions to this, which are as follows:

  • if the expenditure is incurred in carrying on a business (eg, if you own many residential rental premises and you are treated as carrying on a business);

  • if the expenditure is incurred by a company;

  • if the expenditure is incurred by a managed investment trust or a public unit trust;

  • if the expenditure is incurred by a superannuation fund – but this exception does not apply if the fund is a self-managed fund (SMSF), so travel expenditure incurred by an SMSF will not be deductible.

If the residential rental premises are owned by a partnership, the travel expenditure will not be deductible unless all members of the partnership are one of the excluded entities listed above – ie, a company, managed investment trust, public unit trust or superannuation fund that is not an SMSF.

You should also be aware that any travel expenditure that is not deductible will be ignored in working out your capital gain (or loss) should you sell the premises – in other words, the expenditure cannot reduce the capital gain (or increase the loss).

The changes will not prevent you from engaging third parties such as real estate agents to provide property management services for an investment property. These expenses will remain deductible.

Other restrictions

There are two other related measures that were announced in the Federal Budget:

  • limiting depreciation deductions for second-hand depreciating assets used or installed in residential rental premises; and

  • imposing an annual vacancy fee on foreign owners of residential property that is not occupied or genuinely available for rent for at least six months in a 12-month period.

Do you rent out residential premises?

If you rent out residential property that you own, please contact our office for further information on what is deductible from the tax you may owe.