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Income tax return and tax deduction

Along with the closing of financial year 2017, here comes the tax return time again. During the years, we have seen many clients made mistake with their tax return and led to either ATO penalty or hundreds and thousands dollars losing in tax payment which shouldn’t have happened if it had prepared by a qualified tax agent.

For most income tax returns, tax deduction is the critical part to reduce your tax liability. When completing your income tax return, you would probably have some expenses that are tax deductible. Australian Taxation office (ATO) sets three basic principles for a work-related deduction:

  1. You must have spent the money yourself and weren’t reimbursed
  2. It must be directly related to earning your income
  3. You must have a record to prove it

Under these principles, what are some common categories of tax deductions that you can claim? Today, we will give you some examples to have better understand of those tax deductions.

  1. Cost of travelling directly between two separate workplaces, or cost of travelling from your normal workplace to an alternative workplace while still on duty, and back to your normal workplace or directly home.

E.g. Alex works as a nurse in a child care centre on a full-time basis in Botany. After this job, he travels to Woolworth near his home to do the evening part time shift. Alex can claim tax deductions for travel expenses between the child care centre and Woolworth in her income tax return because they are two separate workplaces.

Notice: you can’t claim tax deduction for normal trips between home and work – this is considered private travel.

  1. Car expenses for using your own car in performing your employment duties (including a car you lease or hire). Generally, car expenses can be deducted either through logbook method or cents per kilometer method.

E.g. Colin works as a business analyst in a commercial bank in Sydney CBD. During his normal working hours, he was asked by his manager to pick up some documents from another branch in Parramatta. Colin decided to drive his car to complete this job. After collecting the documents, Colin drove back to his workplace in Sydney CBD. Colin can claim tax deductions for car expenses for trip between the CBD branch and Parramatta branch in his income tax return because he used his own car in the course of performing his job as an employee.

  1. Accommodation costs (and meal and incidental expenses, if applicable) if you need to do work away from home for a short period of time. However, there are different way to deal with this kind of tax deductible expenses. Please see details in following examples.

E.g.1. Jane works with a company in Brisbane, but is required to attend training at the company’s head office in Sydney one week every month. Jane stays at a hotel close to the head office in Sydney for the weeks she is required to be in Sydney for training. Jane receives a travel allowance from her employer to cover the costs of accommodation, meals and incidental expenses for the periods she is required to stay in Sydney. The travel allowance is not shown on her payment summary. Jane spends her travel allowance on accommodation, meals and incidental expenses when in Sydney for work. Jane chooses not to declare her travel allowance on her income tax return and does not claim her expenses. At the end of financial year when Jane needs to lodge her income tax return, she can choose not to declare her travel allowance as income and does not claim her expenses, or to declare her travel allowance as income and claim her expenses.

E.g.2. John works for a company in Melbourne, but is required to attend the Adelaide branch for one working week each fortnight. John purchases a two-bedroom apartment in Adelaide to stay in when he is there for work. During the time he is not there for work, the apartment is vacant. John receives a travel allowance from his employer to cover the costs of accommodation, meals and incidental expenses for the periods he is required to stay in Adelaide. The travel allowance is shown on his payment summary. The costs of financing, holding and maintaining the apartment in Adelaide for the year are not disproportionate to the cost of John obtaining suitable short-term commercial accommodation for the periods he is required to stay in Adelaide. John does not use the Adelaide apartment for private or domestic use during the year. John must include the travel allowance as income in his tax return because it is shown on his payment summary. John can claim a deduction for the costs of financing, holding and maintaining the Adelaide apartment for the year.

  1. The cost of buying and cleaning occupation-specific clothing, protective clothing and unique, distinctive uniforms.

E.g. Mark works as a tally clerk in a supermarket. He has two sets of uniform that have the supermarket’s logo permanently attached and the uniforms are not available to the public. Mark can claim tax deductions for the cost of purchasing and cleaning the uniforms in his income tax return.

  1. Gifts or donations to organisations that have the status of deductible gift recipients.

E.g. Terrence works as an interior designer. He makes $50 monthly donations to an environmental organization endorsed by ATO. Terrence doesn’t receive any material benefit or advantage from the environmental organization he makes donations to. Terrence can claim a tax deduction for his donations to this environmental organization. However, if he received an equivalent valued gift in return for the donation, that donation will not be deductible.

  1. Home expenses including a computer, phone or other electronic devices you are required to use for work purposes, as well as a deduction for running costs. Deduction on occupancy cost need to be careful, such as mortgage interests, strata rate, building depreciation, etc. The may trigger capital gain tax.

E.g. Denis works as a car dealer in Rockdale. He is required by his manager to organize an office contact number to keep touch with clients. Denis bought a new cell phone to set up the office contact number in JB Hi-Fi. During his business trips, he needs to make regular phone calls to his manager and clients. Denis can claim tax deductions for the cost of purchasing a new cellphone and making phone calls.

  1. Expenses incurred in earning interest, dividend or other investment income.

E.g. Eunice works as a financial adviser. She has a cash management account for investment purposes. She also has an investment property using borrowed money. Eunice can claim tax deductions for account-keeping fees and interest charged on money borrowed.

  1. Self-education expenses if your study is work-related or if you receive a taxable bonded scholarship. The first $250 is not deductible though.

E.g. Healey works as an assistant accountant. She decides to take a CPA course to obtain the CPA qualification. The CPA course has a sufficient connection to her current employment and maintains or improves the specific skills or knowledge she requires in her current employment, or result in, or is likely to result in, an increase in her income from her current employment. Healey can claim a tax deduction for the CPA course expenses.

  1. If you buy tools, equipment or other assets to help earn your income. Assets under $300 can be deducted in full in the purchased financial year otherwise it has to be depreciated over a period.

E.g. Jefferey works as a graphic designer for a real estate company. During the first month of his employment, Jefferey bought an Adobe Creative license to use graphic design software which would continue to a monthly payment of $40. Jefferey didn’t receive an allowance for this monthly payment. Jefferey also uses this graphic design software for private purposes. Jefferey needs to apportion the amount of tax deductions he claims.

  1. Other expenses that contribute to earning your income.

E.g. You can claim a tax deduction for accountancy fee if you let a registered tax agent to prepare and lodge your tax return and activity statements.

The above tax deductions can be applied differently from case by case. The examples are hypothetical examples and don’t represent any advice from us. Before you apply the examples to yourself, please speak to a registered tax agent.

Pitt Martin is registered tax agent and CPA practice. We specialised in individual tax return, business and all other tax returns. If you are not sure about whether you have eligible tax deductions in your tax return, please speak to one of our tax accountants.

Pitt Martin Accountants & Tax Advisers is located at Martin Place in Sydney CBD. We can be reached on +61 2 92213345 or connect@pittmartingroup.com.au.

Disclaimer: This article is not providing a formal advice and may not suit to all scenarios. Please make an appointment with us to discuss.

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ATO's warning in Investment Loan Reporting

NSW will raise Surcharge Purchaser Duty and Land Tax Surcharge again to foreign persons

Recently, the NSW government has announced that the surcharge purchaser duty and land tax surcharge will be raised again to foreign person investing in residential real estate from 1 July 2017. The Surcharge Purchaser Duty will be doubled from 4% to 8% and the Land Tax Surcharge will be increased from 0.75% to 2%. NSW government also stated that the raised revenue will be used to help the first home buyer in Australia.

Firstly, let’s take a look at the difference of the stamp duty, surcharge purchaser duty, land tax and land tax surcharge prior and after the change.

Current rate Future rate
Stamp Duty*+ Surcharge Purchaser Duty ≈5%+4%=9% ≈5%+8%=13%
Land Tax*+ Land Tax Surcharge 1.6%+0.75%=2.35% 1.6%+2%=3.6%

* the stamp duty is about 5% when the transaction price is under 3million. However, when the transaction price is over 3 million, the premium duty rate will be 7% for the over portion. The overall stamp duty and surcharge purchaser duty will be as high as 15% for foreign person. Likewise, when the land value is over 3.357 million dollars, the rate will be 2% for the over portion. At this instance, the land tax and land tax surcharge rate will be 4% for foreign person.

The above shows the difference prior and after the change.  Now let’s see what’s the difference between the local ordinary resident and foreign person in terms of the stamp duty and land tax payment after the change.

Assume the residential real estate is 2 million dollars, the land value is 1 million dollars and not qualify for the land tax premium threshold.

Stamp Duty Surcharge Purchaser Duty Land Tax(first year) Land Tax Surcharge(first year) Payment
Ordinary resident $95,490 0 $16,100 0 $111,590
Foreign person $95,490 $160,000 $16,100 $20,000 $291,590
Discrepancy $180,000

As you can see, the stamp duty, surcharge purchaser duty, land tax and land tax surcharge payment will be almost tripled paid by foreign person compared to the local ordinary resident. The difference will be further increased along the future years’ land tax and land tax surcharge.

Here, we have to address that Australia permanent resident, New Zealand citizen, Australia setup companies, most family trust, etc can be treated as foreign person for the surcharge purpose. In terms of the definition of foreign person, please refer to our earlier article Land Tax Surcharge.

Pitt Martin is specialised in investment property related tax issues. If you are not sure about whether you are a foreign resident and whether your property is a residential real estate, please speak to one of our advisers.

Pitt Martin Accountants & Tax Advisers is located at Martin Place in Sydney CBD. We can be reached on +61 2 92213345 or connect@pittmartingroup.com.au.

Disclaimer: This article is not providing a formal advice and may not suit to all scenarios. Please make an appointment with us to discuss.

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Federal Budget 2017 Tax Highlights

The Australian government has just announced 2017 Federal Budget tonight. At Pitt Martin, we closely keep update our knowledge with government tax legislation and economy changes. Here is some key points we think can be relevant to the tax payers and business owners.

Housing

  • Assisting first home buyers to build a deposit inside superannuation. Voluntary contributions of up to $15,000 per year and $30,000 in total will attract concessional tax treatment under the First Home Super Saver Scheme. This voluntary contribution can be salary sacrifice. The concessional tax rate will be 15% rather than personal marginal rate which is normally over 30%. The scheme commences on 1 July 2017, and contributions and deemed earnings, net of tax, can be withdrawn from 1 July 2018;

 

  • Allowing older Australians to contribute downsizing proceeds into superannuation. From 1 July 2018, individuals aged 65 and over will be able to make a non-concessional contribution of up to $300,000 in proceeds from the sale of a principal residence, held for at least 10 years, into their superannuation. These new contributions will be in addition to any other voluntary contributions that people are able to make under the existing contribution rules and concessional and non-concessional caps. That means potentially such an individual can make overall $625,000 contribution into their super fund in one year from 1 July 2018 by current law;

 

  • Capital gains tax (CGT) will be increased to 60% for investment in affordable housing. Allowing Managed Investment Trusts to be used to develop and own affordable housing, providing investors in affordable housing with greater income certainty by enabling direct deduction of welfare payments from tenants;

 

  • Strengthening the capital gains tax (CGT) rules to reduce the risk that foreign investors avoid paying CGT in Australia, including by no longer allowing foreign or temporary tax residents to claim the main residence CGT exemption, and by expanding the scope of the CGT withholding system for foreign residents;

 

  • Encouraging foreign owners of residential real estate to rent their properties out by applying a ‘ghost tax’ of at least $5,000 (reflecting the original application fee) to foreign owners who leave their properties unoccupied or not available for rent for 6 months or more each year.

 

 

  • Disallow deductions for travel expenses related to owning a residential investment property. Better target plant and equipment depreciation deductions to those expenses actually incurred by investors.

Business

  • More tax breaks and red tape reduction are on the cards this year, with the $20,000 instant asset tax write-off introduced in the 2016 budget being extended for another year until 2018, and opened up to businesses with an annual turnover of up to $10 million which is used to only up to $2 million.

 

  • From March next year, government introduce a levy on foreign workers on certain skilled visas will go towards a new Skilled Australians Fund.

Small business employer will have to pay $1200 per year for a foreign worker, along with a one-off $3000 payment. Larger businesses employer would pay $1800 a year per worker, along with a one-off payment of $5000.

 

  • The Government is stamping out hybrid tax abuse by multinational banks and insurance companies to prevent the exploitation of tax differences between countries. The Government is also toughening the Multinational Anti-Avoidance Law by extending it to corporate structures involving foreign partnerships and foreign trusts.

 

  • The Government is extending the taxable payments reporting system to contractors in the courier and cleaning industries and also banning technology that allows businesses to falsify sales records to avoid paying tax.

Medicare Levy

  • The Government will increase the Medicare levy from 2 per cent to 2.5 per cent of taxable income from July 1, 2019 to fund the National Disability Insurance Scheme. You’ll only be exempt if your income is below the threshold of $21,655 for singles, $36,541 for families and $34,244 for pensioners. Other tax rates that are linked to the top personal tax rate, such as the fringe benefits tax rate, will also be increased.

If you want to find out more details about how this budget affects you, please feel free to contact us.

Pitt Martin Accountants & Tax Advisers is located at Martin Place in Sydney CBD. We can be reached on +61 2 92213345 or connect@pittmartingroup.com.au.

Disclaimer: This article is not providing a formal advice and may not suit to all scenarios. Please make an appointment with us to discuss.

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Land Tax Surcharge

From 1st January 2017, if you or your family and associates are a foreign person, your NSW residential land might be subject to 0.75% land tax surcharge charged by Office of State Revenue. For example, if your land value is $1 million, the surcharge will be $7,500. This is on top of the land tax if applicable which is charged $100 plus 1.6% over the threshold $549,000 and up to the premium threshold $ 3,357,000 or $45,028 plus 2% over the premium threshold. Unlike land tax, land tax surcharge is applicable even the land related dwelling is used for main residence.

A foreign person could be an individual, company, trust , foreign government, foreign government investor and partners in limited partnerships. For individual, if you are not an Australian citizen and stayed in Australia for the year less than 200 days or your visa subject to any limitation to stay in Australia, your land could be caught up with land tax surcharge. Be careful here, even you are a permanent residence in Australia and you spend less than 200 days in Australia, your property might still be subject to land tax surcharge.

If a company own the residential land and you as a foreign person together with any one or more associates hold at least 20% interests in the company or you as foreign persons together with any one or more associates hold an aggregate of at least 40% interests in the company, the company will be treated as foreign person.

If a trust own the residential land, the surcharge will be different depends on whether it is fixed trust or special trust. For fixed trust, land tax surcharge will be liable to the beneficiary who are foreign person at their proportion of the land value. For special trust including Family Trust, if any of one or more potential beneficiaries are foreign persons, the trustee is liable to the land tax surcharge on the whole value of the land held by the trust. This is mostly the case for the Family Trust whose beneficiary has foreign family member or relatives since they are the default beneficiaries in most Family Trust. To avoid the land tax surcharge because of this, you can contact Pitt Martin Accountants & Tax Advisers to amend your trust deed and you will have to make this amendment before 31 Dec 2016.

Pitt Martin Accountants & Tax Advisers is located at Sydney CBD. We can be reached on +61 2 92213345 or connect@pittmartingroup.com.au.

Disclaimer: This article is not providing a formal advice and may not suit to all scenarios. Please make an appointment with us to discuss.

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Tax Planning – Super

 

Are you a high wages owning employee or a self-employed business owner who paid too much tax last year? There is an effective way to reduce the tax liability by directing the income into your super. The before tax income paid into your super fund under the concessional cap ($30,000 for ages under 49 and $35,000 for ages over 49 in 2016-2017) will be only taxed at 15% which is much less than most people’s margin rate (37% for taxable income higher than $80,000). The amount of the income paid into your super is deductible to your total taxable income.

Example: 

Tina aged 45 had a taxable income $100,000 for 2015. She directed before tax income $20,000 into her super fund. Therefore, she will be paying $3,000 tax at her super fund (15% on $20,000) and receive $17,000 in the fund. In turn, her taxable income will be reduced to $80,000 after deduction of the super contribution. Without this arrangement, she will be liable for $7,400 tax (37% margin rate on $20,000) plus tax on $80,000.

Now the result looks fantastic but how can we direct the income into our super fund? If you are a wages employee, on top of the Superannuation Guarantee your employer paid to your super fund (9.5% in 2016-2017), you can arrange salary sacrifice with your employer up to the concessional cap. Please note the Super Guarantee paid by your employer is also counted towards the concessional cap.If you are self-employed business owner, you can direct your taxable income at your discretion as long as it’s under the concessional cap.

In Pitt Martin, we do not only provide tax return service to our clients but we also give them advice and tailor tax plan for them after the tax return to make sure they are legally paying as less tax as possible. Call us today on 02 9221 3345 or email to connect@pittmartingroup.com.au.

Disclaimer: This article is not providing a formal advice and may not suit to all scenarios. Please make an appointment with us to discuss.

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Individual or Corporate Trustee for Self Managed Super Fund

The process could be time consuming and expensive for individual trustee. If one of the individual trustee discontinued performs as trustee for the trust such as died or retired, the legal title has to be changed every time when this happens. State government authorities may charge a fee for title changes as a result of changes in membership. On top of this cost, most financial services charge fees for amending the titles of the assets within the SMSF.

However, the changes of director of a corporate trustee is cheaper and less hassles since the change doesn’t affect the legal ownership of the corporate trustee itself. What the corporate trustee can do is appointing another director or leave it as sole director and inform the ASIC and ATO about the changes.

Clarity of Assets

As a member of the fund, individual trustee is exposed to the risk of intermingling their assets with the fund assets; whilst due to the characteristics of independent legal entity of company, the legal ownership of the fund assets is under company which is total separated to each director’s (members) personal assets.

Liability

All trustees are liable to members for any losses incurred as a result of a breach of trust. Individual trustees are personally liable whereas corporate trustees are liable to the extent of the assets of the company (usually $2) unless the directors can be made personally liable (which they generally will be).

Cost

Individual trustee is cheap to establish and running until the change happens to trustees. Corporate trustee requests a company to set up first therefore establishing and running fees will be more expenses. Currently, company registration with ASIC is $469 and $47 annual fee for acting solely as super fund trustee.

In Pitt Martin, we specialized to help clients set up SMSF and manage the super fund tax affairs. Call us today on 02 9221 3345 or email to connect@pittmartingroup.com.au.

Disclaimer: This article is not providing a formal advice and may not suit to all scenarios. Please make an appointment with us to discuss.

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