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RESOURCES

Australian Business Number
Capital Allowances
Capital Gains Tax
Education Tax Refund
Investment Property Tax
PAYG Instalments
Personal Tax
Small Business Entities
Taxpayer Penalties


Australian Business Number

The Australian Business Number (ABN) provides an identifier when dealing with the ATO and other government agencies. You need your ABN when contacting the ATO concerning:

To qualify for an ABN, you must be carrying on a business in Australia. You will need the ABN if:

  • GST;
  • Luxury Car tax;
  • Fuel taxes;
  • Applying for endorsement as deductible gift recipient or income tax exempt charity;
  • PAYG instalments;

You wish to register for GST and be able to claim GST credits;

  • You are a not for profit organisation with a  turnover greater than $150,000;
  • You need to be endorsed as a deductible gift recipient (DGR) or an income tax exempt charity;
  • You do not want businesses you deal with to withhold PAYG tax;
Capital Allowances

The Uniform Capital Allowances system (UCA) provides a set of general rules that apply across a variety of depreciating assets and certain other expenditure. They provide a mechanism that taxpayers can use to deduct certain capital expenditure over time, including expenditure on the acquisition of capital assets.

The effective life of a depreciating asset is limited and can be reasonably be expected to decrease over its useful life. Land, trading stock and most intangible assets (excluding intellectual property and in-house software) are not considered depreciating assets.

There are two options for calculating the decline in value of an asset under the UCA system:

  • Prime cost method – the decline in value is calculated a s a fixed % of the initial installed cost each year of the assets life;
  • Diminishing value method – the decline for each income year is calculated as a % of the balance after the previous year’s decline has been deducted;

The ATO allows recalculation of the effective life of an asset if the circumstances of use change and the original effective life is no longer accurate. Any improvement to an asset that increases its cost by 10% or more in  year may result in  an obligation to recalculate the effective life of the asset.
The decline in value of certain depreciating assets with a cost or opening adjustable value of less than $1,000 can be calculated through a low-value pool. The decline in value of depreciating assets in the pool is calculated at an annual  diminishing value rate of 37.5%

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Capital Gains Tax

Capital gains tax (CGT) is the tax you pay on any capital gain you make when selling or disposing of any asset you acquired after 19 September 1985. The most common capital gains are made on shares and investment properties. Your capital gain is included in your income tax return for the year that the gain is made. It is added to your other income and taxed at the marginal tax rate applicable for that year.

Your net capital gain is calculated as total capital gains less total capital losses less any CGT discount or small business concessions you may be entitled to.

You can calculate a capital gain using one of these methods:

  • Indexation method – for assets acquired before 21 September 1999 and owned for 12 months or more. The method allows you to increase your cost base by an inflation factor.
  • Discount method – For any asset you have owned for 12 months or more, an individual taxpayer can discount the capital gain by 50%.
  • Other method – If neither the indexation or discount method apply, generally you subtract the cost base from your capital proceeds.

There are four CGT concessions for small businesses. We list them here but you should request more details from our office or the ATO website

  • Small business 15-year exemption;
  • Small business 50% active asset reduction;
  • Small business retirement exemption;
  • Small business rollover;

Education Tax Refund

From the 2008/09 financial year, eligible parents, carers, guardians and independent students can claim the Education Tax Refund to help meet the costs of educating their primary and secondary students.

Taxpayers can claim 50% of eligible expenses up to:

  • $750 per eligible child in primary school – ie a refund of $375 per child
  • $1,500 for each eligible child in secondary school, or for an independent student – ie a refund of up to $750 per child

Eligible expenses include the purchase, lease, hire or hire purchase costs, repairs and running costs of:

  • Laptops, home computers and associated costs
  • Computer related equipment such as printers, USB drives and disability computer aids for students
  • Home internet connections
  • Educational software
  • Word processing, spreadsheet, database and presentation software, internet filters and antivirus software
  • School textbooks, other paper-based school learning materials – ie stationery
  • Trade tools and safety equipment for secondary school trade courses

If you share care of a child, the amount you may claim under the ETR depends upon the shared care % you have for FTB Part A. It will be based upon the number of nights that the child was in your care.

Investment Property Tax

Investment property deductions are coming under increasing scrutiny form the ATO with more desk audits (in the first instance) being conducted each year.

The ATO focus is on the following four areas:

  • Allowance for capital depreciation 
    An allowance of 2.5% of building costs is allowed on residential buildings where building commenced after 16 September 1987.
    An appropriate report form a qualified Quantity Surveyor is recommended.

  • Borrowing costs
    Borrowing costs including legal expenses of mortgage documents, approval fees, valuation fees, mortgage insurance and stamp duty on loans may be claimed over a 5 year period.
  •  Repairs and maintenance 
    A deduction is allowed for the cost of repairs to premises, part of premises or a depreciating asset used for income producing purposes. Initial repairs to an asset immediately after its purchase are considered capital expenditure and would ordinarily be included in the assets cost base.
     
  • Interest   
    Deductions for the portion of interest on an investment loan are limited to the portion of the property and year that the property was available to be rented or was rented. Split loans whereby part of the loan is for investment purposes and part for private purposes require special care to assess the deductible component.
PAYG Investments

Pay As You Go (PAYG) Instalments is a system for paying tax instalments during the income year towards your expected tax liability on any business and investment income. Your actual tax liablility is calculated when your annual tax return is assessed. Your PAYG Instalments for the year are then credited against your assessment to determine whether you owe more tax or are owed a refund.PAYG Instalments are generally paid quarterly, however some taxpayers may pay two instalments per year or one annual instalment.The ATO will contact businesses required to pay PAYG Instalments, notifying them of their instalment amount or rate.
This is calculated according to information in the business’ last assessed tax return. 
   

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Personal Tax

Individual Tax Rates for Australian Residents

For 2009- 10 the tax rates are:

$ 0 - $ 6,000

Nil

$6,000 - $35,000

15c for each $ over $6,000

$35,001 - $80,000

$4,350 plus 30c for each dollar over $35,000

$80,001 - $180,000

$17,850 plus 38c for each dollar over $80,000

$180,001 and over

$55,850 plus 45c for each dollar over $180,000

For 2010 – 2011 the tax rates are:

$ 0 - $6,000

Nil

$6,000 - $37,000

15c for each $ over $6,000

$37,001 - $80,000

$4,650 plus 30c for each dollar over $37,000

$80,001 - $180,000

$17,550 plus 37c for each dollar over $80,000

$180,001 and over

$54,550 plus 45c for each dollar over $180,000

  Small Business Entities

Small businesses with an annual turnover of less than $2 million may qualify for a range of tax concessions. If eligible, you may choose the tax concessions that suit your business. You may have additional conditions to satisfy and will need to check whether you qualify for the concessions in each tax year.Eligible businesses can chose to use the concessions outlined in the following table.

Capital Gains Tax (CGT) 15-year asset exemption

If you are 55 or older, retiring and your business has owned an asset for at least 15 years, you will not pay CGT when you sell the asset.

CGT 50% active asset reduction

If you have owned an asset to conduct your business, you will only pay tax on 50% of the capital gain when you sell the asset.

CGT retirement exemption

There is a CGT exemption on the sale of a business asset (up to a lifetime limit of $500,000). If you are  under 55, money form the sale of the asset must be paid into a complying superannuation fund, approved deposit fund, or retirement savings account.

CGT roll-over

If you sell a small business asset and buy a replacement, you can rollover your CGT liability to the value of the replacement asset. This means you won’t pay any CGT owing until you sell the replacement asset.

Simpler depreciation rules

You can usually pool your assets to make depreciation calculations easier. You can also claim an immediate deduction for assets that cost less than $1,000.

Simpler trading stock rules

If the value of your trading stock has not increased or decreased by more than $5,000 over the year, you can choose whether or not to do an end-of-year stocktake.

Immediate deduction for certain prepaid expenses

You can claim an immediate deduction for prepaid business expenses if the payment covers a period of 12 months or less and ends in the following income year.

Entrepreneur’s tax offset

If your business has less than $75,000 turnover, the entrepreneur’s tax offset may reduce you’re the tax you owe by up to 25%.

Accounting for GST on a cash basis

You do not account for GST on your sales until the payment has been received by you.

Annual apportionment of GST input tax credits

If you purchase items that you use partly for private purposes, you can claim full GST credits for these on your activity statements. You can then make a single adjustment to account for these at the end of the year.

Pay GST by instalments

You can pay GST by instalments the ATO calculates for you and vary each quarter if required.

FBT car parking exemption

In some cases you may be exempt from FBT for employee car parking.



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Taxpayer Penalties

Taxpayers who do not meet their tax obligations may face penalties or interest charges. To avoid these charges, ensure that you pay the full amount of tax by the due date.The main charges for failing to meet tax obligations are:
  • General Interest Charge (GIC) – whenever outstanding amounts are due to the ATO;
  • Failure to Lodge on Time Penalty (FTL) – are an administrative penalty which may be applied if you fail to lodge an activity statement or return with the ATO by the required date.
Additional penalties include failing to:
  • Keep or maintain required records;
  • Retain or produce required declarations;
  • Provide access and reasonable facilities to an authorised tax officer;
  • Apply for or cancel GST registration when required;
  • Issue a required tax invoice or adjustment note;
  • Register as a PAYG withholder when required;

If a taxpayer is audited and an amended assessment is raised, further penalties of up to 75%of the additional tax levied may be applied.


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LCD&Co Accounting Services is a CPA Practice