The ATO Steps Up Efforts to Combat Australian Tax Evasion

Posted by Tax Advisor on 8 December, 2011

Almost 500 people convicted of tax crime over the last quarter

Beware tax evaders! The Australian Taxation Office (ATO) is cracking down on violators of the tax code. Starting in September of this year, 478 companies and individuals were convicted of taxation and superannuation offences.

That number represent a 20% increase in convictions over the same quarter last year, when only 398 were held accountable for their tax misdeeds.

Of the 356 people and 122 companies convicted this year, 12 were actually sent to jail. The rest now face hefty fines for offences that included failure to lodge forms, lodgment of false returns, and acceptance of fees for preparing tax returns without being registered as an official tax agent.

According to an article in SmartCompany, the business convictions included:

  • A New South Wales concreting business owner fined $17,000 for 21 offences of failing to comply with court orders to lodge quarterly business activity statements.
  • A NSW building construction company fined $16,000 for 10 offences for failing to lodge income tax returns.
  • A NSW plumbing company fined $22,000 for 16 offences for failing to comply with court orders to lodge four income tax returns and four GST returns.

Multiple individuals were also sentenced to jail time, including a Sydney man who got the harshest sentence, 5 years, for lodging 41 false income tax returns totaling $180,000.

In recent years the ATO has stepped up its efforts to combat tax evasion and other tax-related crimes. The agency wants to make sure that all Australians pay their fair share.

What this means for tax evaders is that they will have a harder time getting away with tax fraud than they have in the past.

According to the ATO, tax evasion usually takes the form of people under-reporting their income or overstating their deductions. Both actions illegally reduce the total amount of tax due.

Though the ATO is devoting more energy and resources to combating tax fraud, it’s still up to ordinary Australians to make sure that no one takes advantage of the tax system beyond what they are entitled to by law.

The ATO encourages taxpayers to report fraudulent or criminal tax behavior if they see it. You can do your part by phoning the ATO to report evasion. That number is 1 800 060 062. Or you can fill out a tax evasion reporting form online.

The Australian Taxation Office’s Guidelines for Amending a Tax Return

Posted by Tax Advisor on 2 November, 2011

Follow these rules if you need to amend a tax return, make a voluntary disclosure, or object to an ATO decision

Ace! Australia’s tax season is done. Whether you lodged some months back or just a few hours ago, it’s always a relief when the tax season is finally over. For those of you who lodged with us at TaxPack, we’d like to thank you.

We know you have many different options when it comes to lodging taxes and we appreciate your choosing Taxpack. For those of you who didn’t lodge with us, we hope you consider us when July 1st rolls around next year.

While the end of the season usually means that most of us won’t have to deal with the ATO’s tax requirements again until next winter, that is unfortunately not always the case for everyone.

Some of you may find that you need to correct a mistake on your return or dispute an ATO decision, in which case you will need to request an amendment.

You may have forgotten to tell the ATO about previously undisclosed income. This might include, for example, receiving a revised payment summary and failing to report a capital gain or loss, or the value of a reportable fringe benefit, or some other income you received such as interest from a bank account or fuel tax credits.

Or maybe you failed to claim a deduction or a tax offset you were entitled to. Then again, you may just have made an error or otherwise misleading statement on your return that could get you in trouble down the road.

You may also want to make changes to your tax return if you knowingly included false information. In the interest of voluntary disclosure, a taxpayer may choose to reveal false statements or changes made that increased the taxes due or reduced credits without prompting from the ATO.

If any of these situations apply, you need to amend your Australia tax return.

The first thing to do is phone the ATO at 13 28 61. The tax office should be able to help you fix the error. Amending a mistake is usually a pretty painless process.

Consult the ATO website to find out how to make your voluntary disclosure and what information to include.

Aside from lifting the burden of guilt off your shoulders, voluntary disclosure of incorrect information gives you the opportunity to bring your tax affairs into order. It also opens the door for concessional treatment over administrative penalties and interest charges.

Do note that there is a time limit for changing the information on your income tax return. For most taxpayers, that limit is two years from the due date of the payment of the original statement or assessment. For all others the time limit is four years.

Note also that If you disagree with your income tax assessment and want to dispute the ATO’s tax decision, you must submit your objection in writing. Objections can be lodged using either the ATO’s objection form for taxpayers or a normal letter.

Using the ATO’s form will expedite the process. You can get your objection to the ATO by fax, by post, via hand delivery to a shopfront, or online using a tax agent.

Be conscious that there are also time limits for objections. Here’s a list of the various decisions you can dispute and the length of time you have to lodge your objections.

When you lodge your objection make sure to include the full details of why you believe the decision is wrong, along with any supporting documents and information that are relevant to the review and a declaration that all of the information included in the objection and supporting documents is true and correct. Do not forget to sign and date it.

Hopefully your tax returns are all in order and you’ll be able to avoid any further hassle. If not, we hope these tips will help you sort out any problems. Congratulations on getting through another tax season and thanks again from all of us at TaxPack for lodging with us.

The 31 October Deadline Is Near When Tax Returns 2011 Are Due in Australia

Posted by Tax Advisor on 8 October, 2011

Lodge Your 2011 Tax Return Before the End of the Month

Remember, for those of you who have not yet lodged your income tax returns with the Australian Tax Office, the deadline when tax returns are due is 31 October 2011. If you lodge with a registered tax agent, you can do so after this date. In order to take advantage of this later lodging, however, you must first be registered as a client with that tax agent before 31 October. Be certain to get in touch with your agent before 31 October to make sure you qualify for their lodgement date after the normal deadline.

Don’t forget that when tax returns are lodged, you do so for the financial year, which is distinct from the normal calendar year. The financial year starts on 1 July and ends on 30 June of the next year. After the financial year ends, you have a full four months, until 31 October, to lodge your return. This means that for the deadline next month you should be lodging a return for the financial year that ran from 1 July 2010 to 30 June 2011. If you are planning on leaving Australia for good and you are sure of your income it may also be useful to note that you can lodge before the end of the financial year, but only if those two conditions apply.

As the world becomes smaller, lodging taxes has become more complicated. Those whose business dealings take them beyond the country’s borders should make special note of what exactly they are required to report when tax returns are lodged. If you are an Australian involved in international business, the ATO requires you to report your worldwide income. Foreign residents only need to lodge a tax return if they have income taxable in Australia, not including income from which non-resident withholding tax has been deducted.

If you find yourself in a bind at the deadline when tax returns are due, don’t rush to lodge an incomplete return because it won’t do you any good anyway. If there’s information missing or incorrect on your form, the ATO will send it back to you. They will only consider it officially lodged when they receive the completed form. Instead, if you don’t think you are going to make the 31 October deadline or your tax agent’s deadline, the best thing to do is phone the Australian Taxation Office as soon as possible. They can be reached at 13 28 61 and you may be able to arrange for a later lodgement date.

There is some bad news, though. You might have to pay a failure to lodge penalty, even if the ATO allows you an extension. Fortunately for those who lodge voluntarily and whose returns do not result in any tax payable, there is usually not a penalty levied. But if you have more than one return outstanding, a past of poor lodgement, or have not complied with ATO requests to lodge, then yes, the likelihood is that you will have to pay a penalty. Lodging on time when tax returns are due is always the safest bet, even if you don’t think you are likely to receive a failure to lodge penalty under the above criteria.

But talk of penalties is premature. The 31 October deadline when tax returns must be lodged is still several weeks away – that’s plenty of time to lodge complete returns if you haven’t already. The Australian Taxation Office has a great website that can answer any other questions you have as you prepare your return. Good luck!

GST in Australia on the Tax Forum Agenda

Posted by Tax Advisor on 21 September, 2011

At a tax forum focused on simplification, the Australian GST is still not on the table

As Aussies keep their eye on the 31 October deadline for lodging income tax returns, there is an even closer and more exciting event–if there is such a thing in the world of taxes–on the not so distant tax horizon. On October 4 and 5, 230 participants and observers will gather in Canberra for the federal government’s tax forum. The goal here is to simplify the tax system, which while not the multi-headed Hydra that plagues countries like the U.S., is still considerably less efficient than it could be. This fact was driven home by all the hullabaloo surrounding the release of Ken Henry’s report last year and its oft-quoted and rather astounding statistic that 90% of Australian tax revenue comes from a mere 10 taxes out of 125 on the books. The other 10% comes from a confusing and inefficient jumble of the remaining 115 taxes. In the pre-summit debate about how best to go about streamlining the tax system, the issue of Australia’s tax rates, particularly the GST, has taken precedence over almost everything else.

What is the GST, you ask? The GST, which stands for Goods and Services Tax, is a value-added tax of 10% on most goods and services transactions in Australia. Like a sales tax, the consumer ultimately pays the tax, which is perceived by the buyer as a tax on the price. But unlike a sales tax, which is collected and remitted only once, after the final purchase, a value-added tax like the GST is collected and remitted to the government at every stage of production and distribution, with manufacturers and sellers credited for the taxes they’ve already paid on the inputs. In other words, they only pay for the value they add to the good or service. The GST in Australia currently stands at 10% and took effect in 2000 under the Howard government, replacing a wholesale sales tax and providing the further benefit of allowing a great number of smaller taxes to be eliminated.

The current controversy surrounding tax forum 2011 and the GST involves a push by some, most notably independent MP Tony Windsor, one of the independents with whom Gillard made the deal that allowed her to form her government last year, to increase the GST. Before you tax-opposed immediately recoil in fear or grow red in the face with apoplectic anger, let me assure you that increasing the overall tax burden is not being suggested. Windsor advocates raising the GST by 1 percentage point, to 11%, and eliminating the 115 superfluous taxes, keeping tax revenues more or less the same but making the system less complicated and decreasing the cost to businesses.

The Gillard government, however, has asserted that the 10% tax rate is not up for debate at the tax forum. The only formal role it will have at the forum will be a panel to discuss the GST’s distribution, which has been criticized by some states that pay in more than they get back.

The merits of raising the GST in Australia would be a simplified tax system. CPA Australia, a global accounting body, suggests that raising the GST would ultimately be beneficial, with the abolition of inefficient taxes, such as insurance taxes, motor vehicle taxes, the commercial conveyancing duty, and the payroll tax, resulting in increased productivity for businesses. On the other side of the debate, Treasury argues that the GST costs more to collect than other taxes and, according to Executive Director Rob Heferen, is “less than robust” as Australians spend more of their money on tax-free items.

Still, the Gillard government’s unwillingness even to discuss such a change at a tax forum convened for the express purpose of simplifying the tax system is somewhat puzzling, especially in light of the political havoc being wrecked by her proposed carbon tax. Clearly these are questions of some importance to Australia’s economy, but the political stakes are pretty high as well. It’s fairly clear that many business owners are not particularly happy right now, with small business taxes one of the major issues weighing on their minds. A recent survey of 3,900 owners of small and medium-sized businesses by MYOB found that 71% want a simplified Business Activity Statement and 75% want GST rules reviewed and clarified, with ⅓ saying that action in these departments could sway their votes. The fact that only one representative from the small business community is invited to the forum exacerbates concerns about the government. With a carbon tax-inspired approval rating of 23% and many businesses up in arms over the proposed legislation, can Gillard really afford to be so cavalier about the concerns of independent MPs and small business owners?

For now, tax kangaroos, it seems official debate on what is the GST’s ideal rate is closed, at least for this tax forum. But debate on tax rates in Australia most certainly is not. This is definitely one tax issue to keep an eye on.

The Carbon Tax Announcement: Winners and Losers

Posted by Tax Advisor on 28 July, 2011

Making sense of the carbon tax in Australia

When details of the carbon tax assistance package first emerged in early June, the notion was floated that the income threshold above which taxpayers would receive no help with their higher energy bills would be ratcheted up by $20,000 to $170,000. This was startling news.

Not only did it fly in the face of the recommendations put forth by Ross Garnaut, the plan’s chief architect, that the upper limit be capped at a sober $80k. It was also surprising, not to say shocking, coming from a Labor Government that appeared for a moment to step well beyond the limits of its natural, low and middle income constituency.

More worryingly, for those who actually support a tax on carbon emissions, it seemed to imply that the Gillard Government might succumb to the temptation to make the carbon tax a cash cow, the revenue from it going mainly to satisfy the demands of electoral expediency. After all, it was already obvious that a large share of the tax proceeds would be driven back to low income groups who would receive the bulk of the tax compensation.

The concern was that the main objective of a carbon tax, namely the reduction of carbon emissions, would be ill served if adequate investment and appropriate funding failed to go to essential research into cleaner fuels and the development of alternative energy sources. It appears that these fears were without ground. In fact, the Australian Government has gone further than many expected in its support for innovation in green technologies and renewable energy.

In effect, the $23 a tonne carbon tax will enable these important new measures:

  • $10 billion over five years will be channeled to clean energy start ups and existing manufacturing businesses intent on transitioning to green technology through the Clean Energy Finance Corporation. It will provide loans, loan guarantees, and equity investments and will be independent from Government. Its board will be made up of experts in banking, investment management, and clean or low emissions technologies.
  • The Australian Renewable Energy Agency will devote $ 3.2 billion over nine years to research, develop, streamline and market renewable energy technologies. A number of already established programs such as the Bio fuels Research Institute, the Australian Solar Institute, and the Solar Flagships Program will be united under the new agency’s administration.
  • $1.2 billion will be allocated over seven years to the Clean Technology Program. This will potentially be the main source of grants for businesses. It is meant to support research and development in low pollution technologies while helping to improve energy efficiency in manufacturing.

    The Clean Technology Investment Program will consist of the following three branches:

    • A Clean Technology Investment Program will be allotted $800 million over seven years and will provide competitive grants to manufacturers using above 300 megawatt-hours of electricity to assist them with the purchase of energy efficient and low emissions capital equipment.
    • A Clean Technology Food and Foundries Investment Program will receive $200 million over six years to offer competitive grants to businesses involved in the metal foundry and food processing sectors for investment in energy efficient capital equipment, processes, and products.
    • A Clean Technology Innovation Program will employ $200 million over five years towards grants in support of business investment in the development of renewable energy and low emissions technologies.
  • Last, but in no way least, the budget of the Australian Competition and Consumer Commission will be increased by $12.8 billion over four years to boost its ability to monitor illegal price gouging following from the carbon tax. Businesses caught using the price on carbon as an opportunity to jack up their prices could face fines of up to $1.1 million. Individuals caught profiteering may be slapped with penalties of upwards of $220,000.

All this may seem cold comfort, not to mention ludicrous, to those who believe that carbon emissions are so much hot air and the carbon tax a royal scam. But make no mistake about it: the attention of the world is now pointed at Australia. The ecologically concerned, in particular, will look to see if Australia can match the success of Denmark, a tiny country a fraction of its size and with less than a quarter of its population, that was heavily reliant on coal before it introduced its own carbon tax in the 1990s. On the other hand, those who remain skeptical about the effectiveness of a carbon tax, or who doubt the ability of government to properly implement it, will eagerly point to Spain as evidence of the potential inefficacy and waste of a tax on carbon.

The Carbon Tax: What is it?

Posted by Tax Advisor on 9 July, 2011

Making sense of the carbon tax in Australia

There has been a lot of talk about the Gillard government’s proposed carbon tax. Much of it has been heated, coloured by the wider debate around global warming. This was to be expected given that the issue of man-made climate change remains both complex and controversial, not to say confusing to many of the public at large.

While it is agreed by all that the burning of fossil fuels such as coal for the production of electricity releases carbon emissions, it remains a matter of opinion whether this contributes to global climate change. For a vocal minority, this assertion is perceived as dubious and unproven, and they have naturally found it hard to sanction a carbon tax on energy producers. Others are hesitant to endorse the carbon tax due to its high potential cost relative to the benefit.

We’ll address the particulars of that larger dissension in another forum. Our aim here is narrower, namely to distinguish the carbon tax levied on energy producers from the as yet unspecified tax compensation that would devolve to a majority of taxpayers following its implementation.

The attention in the media has understandably been focused on the details, however vague they remain, of this medium term tax benefit to the public. The prospect of an unexpected boon in cash always makes for good news fodder. But, a deeper grasp of how the carbon tax would be advantageous in the long run has been somewhat lacking as a result.

So, what is the carbon tax and how does it work? First, a carbon tax is a goods and services tax (GST). It is explicitly not a direct tax on income. Rather, it is an indirect tax whereby a government imposes a fee on the cost to produce a certain good, in this case electricity derived from coal or other fossil fuels. Specifically, the carbon tax is levied on the carbon content of fuels. With a carbon tax, fuels like coal, petroleum, or natural gas are taxed in proportion to their carbon content measured by the tonne.

As it turns out, coal, the cheapest of all fossil fuels, holds the highest proportion of carbon atoms. These are released into the atmosphere as carbon dioxide when coal is burnt to produce energy. Clean energy sources that are not linked to combustion, such as wind or sunlight, do not discharge carbon dioxide. The purpose of the carbon tax then is to coax power companies into transitioning to alternative forms of energy that have less or no carbon content in order to maintain their profit margins.

This is easier said than done. As we’ll see, for the carbon tax to be truly effective, certain preconditions must be in place. But beforehand, it is important to consider the moral premises on which the carbon tax is based. A carbon tax is a fee upon a market activity that is perceived to produce a negative environmental outcome. It assumes that the actions of the companies involved in such an activity, namely energy production from polluting fossil fuels, have a social cost. The pernicious effects on the environment that follows from climate change are examples of such a negative outcome.

Pollution is understood to have a social cost because of its negative impact on parties not involved in the market transaction. As such, the carbon tax is similar to the tax levied on tobacco products in the sense that the non-smoker both suffers directly from the harmful effects of second hand smoke and indirectly bears the health care costs of treating the diseases caused by cigarette smoking. Accordingly, the tax is meant to make energy producers responsible the social burden of their actions while incentivizing them to reduce their carbon emissions by shifting to cleaner fuels.

Second, a tax on carbon emissions, like a tax on tobacco or at the petrol bowser, is a regressive tax. It is so because energy producers pass on their tax liability to all consumers, regardless of income, in the form of higher energy prices. The extra amount paid as a result of the tax is the same for everyone. For instance, under its current formulation, the carbon tax is expected to increase a household’s energy cost by about $500 a year. The only way to reduce your contribution to a regressive tax is by using less of the good, for example by exchanging your petrol thirsty car for one that will net you more kilometres per litre or dumping your energy guzzling appliances for more efficient ones.

Since this is not always possible, a regressive tax like the carbon tax has the greatest impact on lower income groups as these end up paying a larger proportion of their limited income towards their energy needs. This is why talk of a tax on energy is always accompanied by a discussion of tax benefits for taxpayers based on income. Consequently, in addition to being regressive, the carbon tax is also revenue neutral because a substantial share of the money it raises goes to subsidize the consumer’s increased energy tab. We’ll discuss the Government’s proposals for compensation to help consumers with their higher power bills separately. Fully half of the revenue from the carbon tax would go towards such a subsidy.

The rest would presumably be returned to the energy industry in the shape of funds earmarked for research and investment into clean energy sources. The Government is quick to stress that the carbon tax, unlike a blanket tax on tobacco, is a market based solution to the problem of pollution. The goal of a cigarette tax is to bring about the simple eradication of a damaging habit. No compensation is offered to offset the tax. The carbon tax, on the other hand, is a price instrument whose aim is to render polluting energy sources like coal less competitive in the marketplace than their cleaner alternatives.

Here’s how the carbon tax would ideally work. In the first place, the government imposes a tax on the carbon content of the polluting fuel so that the cost to the producer for each unit of energy output is increased. Next, the energy producer translates this higher cost into higher prices at the metre for the consumer. The Government then returns a portion of the funds collected from the tax to the consumers who fall below a chosen income threshold. The remainder of the tax revenue goes back to the energy industry for research and refinement of non-polluting alternatives.

This is both relevant and controversial because those taxpayers whose income is higher, which is to say the better off, receive little or no compensation for their increased energy tabs and, evidently, end up footing a large chunk of the bill for the development of cleaner fuels. Eventually, thanks to the revenue from the carbon tax, new, clean energy sources are established at costs that allow them to be competitive in the marketplace against the older, dirty sources such as coal or petroleum at their still taxed price. The consumer is then given a choice somewhat analogous to that of purchasing marginally more expensive organic foods as opposed to the industrial, environmentally challenged kind.

Evidently, the right price is crucial. For the transition to occur, the price of the new energy source must be competitive. If it remains too expensive, the switch to cleaner fuel would be unlikely and the carbon tax would be deemed a failure by most. The Gillard Government seems to be remarkably optimistic when it comes to the capacity of industry to come up with alternatives to carbon that would be cost effective. It clearly understands that for the carbon tax to work as intended the revenues obtained from it must be both sufficient and carefully targeted.

Still, a shift to cleaner but potentially more expensive sources of energy would have ramifications throughout the Australian economy, not least on businesses which the Government has already said it would not subsidize. Higher energy costs would have an impact on the materials used in home construction for example. In the end, we return to the moral argument behind the shift to clean energy. If you believe that pollution is a net loss to the planet, you should be prepared to pay more for the electricity you use, at least in the medium term. In time, you may be rewarded when technological advances, as they often do, bring costs down.

More Fireworks Courtesy of Budget 2011!

Posted by Tax Advisor on 6 July, 2011

Part 2 of our review of the federal budget for 2011

We conclude our survey of the federal budget proposals, specifically as to their impact on university students and small businesses. As we’ll see regarding the latter, some small businesses stand to lose from the changes while others gain.

Students lose: changes to the Higher Education Contribution Scheme (HECS)

We closed Part 1 of our review of the federal budget 2011 by noting changes proposed to the Education Tax Refund. Under the new rule, parents of school aged children would from July 1st 2011 be able to claim outlays made for school uniforms towards the refund.

Unfortunately, the Gillard Government does not seem willing to be as generous toward their older siblings enrolled in uni. Effective January 1st, 2012, the Government would reduce the amounts of the discounts applying to student contribution HECS-HELP payments. Namely,

  • Students under HECS-HELP who choose to pay their debt in full will receive a 10% discount on their dues instead of the 20% currently offered.
    For example, a unit of study costing $5000 would only be eligible for a $500 reduction instead of the $1000 that now applies.
  • Those who make voluntary payments of $500 or more to the ATO under the Higher Education Loan Program (HELP) umbrella will see their bonus reduced from 10% to 5%.
    For instance, an up-front payment of $1000, which currently attracts a bonus of $100 and thereby reduces the remainder of the HECS-HELP loan by a total of $1100, would from January 1st only lower the outstanding debt by $1050.

Tip: Students and parents may want to take advantage of the current discounts by making payments before the end of the 2011 calendar year.

The Government expects to save $479.5 million over the next four years as a result of these 2011 budget changes to HECS.

Tradies win: motor vehicle depreciation accelerated for small businesses

Members of the trades seem to catch all the breaks these days. Apparently, it is not quite enough that a majority of Australian women find tradies more desirable than prince or plutocrat. That’s according to a poll by The Australian Women’s Weekly in December of last year. In its new budget, the Government proposes to further burnish this positive image by boosting their cash flow.

Starting July 1st 2012, the Government will allow small businesses that buy a motor vehicle for business use to claim up to $5000 of the purchase price as an immediate deduction. Under the new rule, the remainder would go to the general depreciation pool of 15% for the first year and 30% thereafter.

For the painter or carpenter gunning for that new UTE, along presumably with the affection of that fetching sheila, this forward bringing of the deduction would work out this way:

  • Assuming that the vehicle is priced at $35000, he can expect a combined depreciation plus write down amount of $9500 resulting in a total tax benefit of $1314 at the marginal tax rate of 30%

Tip: Those wishing to take advantage of the deduction are advised to delay their purchase until the change takes effect. In addition, they would do well to run a comparison test against salary packaging, if available, and see whether taking the deduction works best for them.

Startups lose: Entrepreneurs’ Tax Offset (ETO) scrapped

The $5000 motor vehicle tax break outlined above, combined with a reduction of the company tax rate to 29% and the immediate write-off of all assets valued at less than $5000, signals the end of the Entrepreneur’s Tax Offset introduced in 2007.

The ETO, aimed broadly small businesses with under $50000 of revenue, has been deemed a failure due to its complexity, high compliance costs, and overall poor targeting. It provided early stage assistance to startups in the form of a tax offset equal to 25% of the income tax payable on business income. This will no longer be available effective from the 2012-13 income year.

Greens gain: Vehicle Fringe Benefit Tax (FBT) reformed

The eco-conscious among us will be pleased by the proposed change to the fringe benefits tax calculation on cars. The Green argument has always been that it makes no sense for more driving, and therefore more congestion and pollution, to result in less tax. With the 2011 budget, the Gillard Government has signaled that it concurs with this line of reasoning.

It is now largely agreed that the tax, in its current statutory formulation, provides an unwarranted incentive for employees who use employer provided or salary sacrificed vehicles to drive extra kilometres to access higher tax concessions.

Following the recommendations of the Henry Tax Review, the gap in the tax rate between the different kilometer thresholds will therefore be gradually reduced over the next four years. From May 10th 2014, a single rate of 20% would apply irrespective of the distance travelled. The reform would begin for new contracts immediately following the 2011 budget’s release and be fully phased in by May 2014.

The change will increase the tax concession for those who drive their car less than 15000 kilometres while reducing that of people taking their company car above the 25000 threshold. Those falling between 15000 and 25000 kilometres will see their rate maintained. It is currently at 20%.

Tip: Employees who must sustain a high level of business use for their vehicle should consider reverting to the log book method. They may well discover that the extra effort nets them a greater tax deduction than the one made available by the statutory formula employed under FBT.

The change is portrayed as a net environmental benefit by the Government and is estimated to boost revenue by $970 million.

Small businesses defined: changes to rules for Capital Gains Tax (CGT) concessions

The 2011 budget also includes a modified definition of small business that could have a relevant impact on access to capital gains tax concessions. In short, the Government’s aims to ensure that the provisions that qualify access to a number of small business tax breaks are fully in effect. Accordingly, enterprises with multiple trusts will see these treated as connected entities. Small businesses whose newly captured trusts cause them to fall above the $6 million market value threshold of the nets assets test would lose out on the tax concessions. On the other hand, some small enterprises would gain as their business assets become active.

Tip: small businesses negatively affected by the change should consider transferring assets out of trust into holdings not subject to the net assets test such as superannuation or a principal residence.

Conclusion

The changes proposed to HECS, FBT, etc are proposals that will require passage of legislation by both houses. New details as to the Carbon Tax have recently emerged. They may well have an impact on the changes outlined above causing them to be modified in some way. We’ll address the new developments in the Carbon Tax debate in a forthcoming article.

The Federal Budget for 2011 Lands with a Bang!

Posted by Tax Advisor on 6 June, 2011

The New May Budget: How it Will Impact the Way You Lodge Tax, Part 1

The temptation, you see, in these early days of winter, what with the new May budget for 2011 delivered and pending legislation, the financial year less than a month to closing and tax planning season on the horizon, would be to bludge the hard work and lodge instead a serious discussion about the success of Aussie actresses in Hollywood.

The eye-boggling list grows yearly and all but careens off the tongue. Nicole, Cate, Naomi, Claudia, Toni, Miranda, Radha, Anna, Abbie, Teresa, Emilie with an e, Emily with a y, Yvonne, and the others: crikey, you could field an all girl roller derby team with them, a mighty fine one with Abbie as Jammer. So, what gives? Important inquiry no doubt, packed with pertinent questions for all matters regarding Australia tax. Can’t we fairly speak of Babe Bonus eligibility?

But no, the hour is dour, the budget beckons, and as usual it’s loaded with both good and bad, including this time around a notable lack of outright income tax cuts. In Part 1 of our report, we address the ways the new budget would affect taxation issues for individuals and families and suggest tips on how to mitigate some of its possible negative aspects. Part 2 deals with tax changes that pertain to students, small businesses and entrepreneurs. Walk with us through the thicket and you’ll be eligible to take the patented Aussie Actress Awareness Test™ courtesy of the Tax Rascal, our mate stateside, who’s known to keep a sharp eye on our sheilas in la-la land and beyond.

The avowed aim of federal budget 2011 is to return the country to surplus territory in two years. The focus on jobs is bolstered, the main purpose being to sharpen Australia’s edge in the newly minted Asian Century by getting Australians back in the workforce and coaxing them to obtain the education to do so. Some offsets are increased; others are phased out or rescinded. Thresholds are frozen in some cases, lifted in others. In addition, following the deadly natural disasters in 2010 and earlier this year, a one-off flood levy is imposed to enable reconstruction. However, carbon tax details remain thin on the ground.

New and modified levies

Let jump in starting with the levies applicable for the incoming financial year.

  • The Flood & Cyclone Reconstruction Levy is a one-shot impost that is in effect only for 2011/12. It is meant to assist in the rebuilding of communities affected by the natural disasters that befell Australia during the past financial year. It is payable in line with the following income thresholds:
    • There is no levy imposed on taxable incomes at or below $50,000.
    • Individuals earning between $50,000 and $100,000 will pay 0.5% of the amount above the $50k threshold towards this levy.
    • People who make more than $100,000 are required to pay the 0.5% that their earnings fall above $50k, that is $250, plus 1% of any amount above the $100k threshold. These individuals are also tabbed a separate and additional $250 levy. For those making above $200k this amount is $1250.
    • Accordingly, an individual with $125K in taxable income would owe an additional $750 in tax solely as a result of the Flood levy.

    Tip: While we do not advocate it, the impact of this one-off levy can be mitigated by striving to reduce one’s taxable income, either via deductions or increase in super contributions, or by deferring income to the following financial year or, alternatively, through salary sacrifice. Our financial advisers at elodge.com can provide expert assistance in this and other matters.

  • The Medicare Levy lower threshold is shifted upwards to $18839 for individuals and $31789 for families effective from July 1st 2010, which is to say, it is increased for the current financial year. Taxpayers who are at or below these thresholds pay no levy at all. Those who are above the lower baseline but below or at the upper threshold pay part of the levy. Individuals who earn above the upper bracket are liable for the standard levy of 1.5% of their taxable income. In addition:
    • The additional threshold amount for each dependent child or student is raised to $2919.
    • The threshold for single pensioners below Age Pension is also increased to $30439.

    Tip: Those whose taxable income falls close to the applicable thresholds do well to remember that a small downward shift in their taxable income, generally by way of deductions or otherwise, may mean a substantial reduction in their tax liability or, in the case of the lower thresholds, no amount levied at all.

  • Changes to Family Tax Assistance

    Moving on the always intricate issue of family assistance, there are some important changes in both parts A and B of the Family Tax Benefit package that we need to address as they will negatively impact some families, notably those earning higher incomes, while they benefit others.

    • Starting with the pluses, Family Tax Benefit (A) payments will be extended to families with dependents aged 16 to 19 years old. This would match the payments rates for this age group to those of their younger siblings, 13 to 15 years of age, and boost the level of FTB support by up to $4208 a year (roughly $161 more per fortnight) for the 16 to 17bracket and up to $3741 for 18 to 19 years olds.
    • Moreover, from July 1st 2001, recipients of FTB (A) who qualify will be given access to flexible advance payments of up to 7.5% of their entitlement, with a maximum of $1000, to address unexpected family related financial constraints at any point during the year. Fortnightly FTB payments would be prorated over six months to repay those advances.

    All this government goodwill comes with a precondition and some important reforms:

    • To begin with, for a family to benefit it must have its teenager enrolled in a full time secondary school or an equivalent vocational institution, another instance of this budget’s tenacious stress on education as the prelude for work.
    • Further, the age at which eligibility for Family Tax Benefit (Part A) is ended is moved down from 24 years old to 21. This aligns FTB (A) with the Youth Allowance age of independence and represents savings of near $30 million over four years for the government.
    • FTB supplements, currently at $726.35 for Part A and $354.05 for Part B, will not be indexed though the end of June, 2014; they will therefore remain unchanged for a temporary pause of three years.
    • More controversially, the thresholds on higher income to obtain family benefits will also be frozen, again for three years, at the following levels:
      • For FTB (B), the primary earner income will remain at $150k.
      • The threshold for the Baby Bonus, paid to families in the six months following the birth or adoption of a child to help with the extra costs brought about by the new arrival, remains unindexed at $75k of family income.
      • The Paid Parental Leave, taken at any time within the first year of a birth or adoption and paid the National Minimum Wage, is fixed for the primary carer at $150k of income earned in the financial year preceding the birth or adoption.
      • The income-free threshold for FTB (A) at which the benefit payments begin to diminish is kept at $94,316, with $3796 provided for each additional child.
    • On the other hand, confirming the Gillard government’s priorities, the lower income threshold for FTB (A), now set at just above $45k, will continue to be indexed, as will the threshold for the secondary income earner in FTB (B). It currently stands at $4745. All these proposed measures are expected to net a total of more than $1.2 billion in savings over the next four years.

      Tip: As with the Medicare levy, falling just below or above the designated thresholds can mean a world of difference when it comes to obtaining the benefits. Taxpayers at the higher brackets specially may find it profitable to jettison a small pay raise, perhaps opting for another form of compensation. Even families who stand to benefit under the proposed changes should keep a wary eye on the Reserve Bank as another hike in the interest rates may well cancel some of the advantages gained from the budget. Again, the elodge.com advisors can point you in the right direction.

      Important changes to key tax offsets

      As previously mentioned, this year’s budget is strongly focused on work and the education needed to make Australians employable. $47.1 million towards a teen parent plan linking social security payments to the completion of school year 12 by the time his or her child is one; $68 million to provide kids who leave school too early with basic employability skills; $95 million for business owners who hire people who have been unemployed for an extended time; $200 million towards mentoring to enable people to complete their apprenticeships; a whopping $558 million to create 130,000 training places aimed at getting the “disengaged” youth back to work: all hammer at the stated goal.

      The clearest indication, in tax terms, that the Gillard government is intent on solving the current labor shortage by drafting more able bodies into the workforce lie in the proposed change to the Dependent Spouse Tax Offset (DSTO). Namely:

      • From July 1st of this year, the DSTO will no longer be available to taxpayers with spouses under 40 years of age – that is, born on or after July 1st, 1971 – who are unemployed and childless. The phase-out follows the recommendations of the Henry tax review where the offset was broadly deemed a disincentive to work.

        Exceptions would be made in the following cases:

        • The spouse is a carer.
        • He or she is invalid or permanently unable to work due to disability.
        • The couple has children and is eligible for FTB (B).
        • The taxpayer is eligible for zone, overseas civilian, or overseas forces tax offsets.

        Tip: the modified DSTO would represent a potential loss of $2286 based on current year calculation.

      Another tax offset issue that falls under the aptly named Building Australia’s Future Workforce heading in the 2011 federal budget is the Low Income Tax Offset (LITO). Changes to LITO are twofold and best understood separately. The first, small modification relates to how the offset is distributed, the second, rather more substantial, to who can no longer rightly claim it.

      • In the first case, while there is no change to the current year $1500 LITO, with the threshold for the full offset at $30k and phase out ending at $67500, the portion distributed as reduced withheld tax is moved up from 50% to 70%, equivalent to an additional $300 being received throughout the year. This represents, at best, a small cash flow advantage.
      • The second change to LITO applies only to unearned income such as dividends, interest, rent royalties, income from property, and trust distributions to children under 18 years of age. Under current rules, the low income tax offset allows a parent to stream a full $3333 from a family trust to a beneficiary child without tax liability. This is now seen as an encouragement to income splitting between adults and minors, not to mention as a loophole that enables the wealthy to reduce their tax burden by allocating a portion of their income to their children. From the 1st of July, 2011, the government would move to stave off this perceived abuse of the LITO, in the process netting an estimated saving of $740 million. It would do so by allowing only $416 of effective distribution from lifetime trust, above which the penalty tax for distribution of unearned income would come into full effect.

      Tip: Please note that the new rules would not apply to testamentary trusts which taxpayers should consider opening. Of course, they may also think of taking full advantage of the current distribution quota before the modification to LITO becomes law.

      Additional outlays for the Education Tax Refund

      Starting on July 1st, 2011, the government proposes to expand the list of school related items that can be claimed as expenses under the Education Tax Refund to include school uniforms. Expenses that are currently eligible include: the cost of buying and maintaining such items as computers and related equipment; the expense incurred providing for a home internet connection; and the cost of textbooks etc. In all cases, remember to hold on to the receipts for all your purchases.

Dill bites dingo! Read all about it!!!

Posted by Tax Advisor on 4 April, 2011

Well, maybe not here. This is a tax blog after all, typically as dry as a pommy’s towel, if hardly as absorbing. But, must it always be so? Could a tax blog be something you’d want to, hmm, bog in for a change, settle down to with a glass of good cab sav and leave stoked. Ok, we wouldn’t want to raise expectations too high and so early. Still, with the Australian tax year a mere three months to closing, and lodging season opening immediately after, we invite you to visit our expanded TaxPack blog and, yes, stay awhile. Feel free to fossick around. Who knows what nugget of shining wisdom you may unearth?

Our aim is to provide you with updates on the evolving tax situation in Australia and tips to help you navigate the murkier waters. Not sure how the new carbon tax may affect you? Don’t know much about superannuation? Curious if any aspirational tax cuts are heading your way? Confused about CGT, GST, or WST? Planning to trade your bluey in Perth for a chihuahua in Hollywood and are on a need to know basis about expat taxes? Wondering about how to estimate your taxes quickly online? Want to know what the requirements for lodging your taxes are? All are valid queries, quite a few involving policy issues that can affect you directly or indirectly.

If you’ve perused our pages before, you are already aware of some of the advantages of lodging your tax return online. We’ll add some new ones to the list and refresh others. And we’ll go on grappling with the security concerns people have with filing on line: they are fair even when unfounded. Further, we’ll address the issues involved in amending your tax return if this turns out to be needed. We’ll also review the Australian tax rates and may even find a pocket of time to compare them to other members of the OECD. All in all a full plate, so don’t mind if we stick the billy on the burner for a cuppa and say goodbye/hooroo for now. Look forward to meeting again.

Is Lodging a Tax Return Online Cost Effective?

Posted by Tax Advisor on 24 January, 2011

If you’re a financial person, when tax season comes around you learn not just what people’s finances are, but also how they view finances overall. Most people are stuck in a mode of money in, money out (and preferring the former to the latter). And while generally being a skinflint is a wise financial move, it also means that people aren’t considering one of the most valuable components of their finances: their time.

Which is why, even though it costs money, I always urge people to give lodging a tax return online a try: because it saves you money. Here’s how: Read the rest of this entry »



we accept payment via eWay, as well as Visa, MasterCard, American Express,and JCB Card.

Site Map
© 2008-2009 E-Lodge Taxation Services Australia Pty Ltd