With residential property values on a sharp upward trajectory, from a tax standpoint, what does this mean for owners and investors of this style of dwelling?

Introduction

Domain’s End of Year Wrap revealed that in 2021, Australian house prices rose an astonishing 21.9%, the fastest annual rate of growth on record! Viewed through a taxation prism, these increases mean practically nothing unless the owner is selling or otherwise disposing of their property. If the property is retained, then the increases are merely a “paper gain”. By holding onto the property there generally won’t be any CGT consequences.

The obvious question then arises, what are the consequences from a tax perspective where an owner does decide to cash in on the boom and sell their residential property? […]

Making a personal deductible contribution into super can be a great way to provide for your retirement and reduce your income tax liability at the same time.

How do I make a personal deductible contribution?

A personal, deductible contribution is an after-tax contribution you make directly into your super fund that you can then claim as a […]

A recent Federal Court decision has put the spotlight on asset betterment – the controversial approach the ATO takes to determine undisclosed income.

In the case of Le v Commissioner of Taxation [2021] FCA 303, the ATO used an asset betterment calculation to justify including an additional $4.5 million in the assessable income of a couple.

This adjustment was made after an ATO calculation on their affairs showed significant wealth had been accrued and that this income, including potentially cash, had not been reported. […]

The case of Wooster v Morris highlights the importance of forethought in succession planning where a self-managed superannuation fund (SMSF) is involved.

The “risk” that needs to be managed — as demonstrated in this case — is to ensure that whoever controls the purse strings does not take advantage of their position at the expense of others who were supposed to be beneficiaries of the SMSF. […]

Generally, if you rent out part or all of your home, the rent money you receive is assessable. This means that you must declare your rental income in your income tax return, but you can also claim deductions for any associated expenses.

However, be warned. If you rent put part of your home, such as one room, you also may not be entitled to the full main residence exemption from capital gains tax (CGT). This means you will be required to pay CGT on part of any capital gain made when you sell your house. […]

On 1 July 2021, the super guarantee rate will rise from 9.5% to 10%. If you have employees, you will need to ensure your payroll and accounting systems are updated to incorporate the increase to the super rate.

If you need help to work out how much super you need to pay for your employees after 1 July, you can use the ATO’s super guarantee contributions calculator (first link below). […]

The ATO has a business industry code (BIC) tool to help small businesses speed up their tax return lodgement. The BIC is a five-digit number required for tax returns and schedules. Using the correct code helps businesses avoid delays by ensuring their return is lodged in the correct category. It is derived from the Australian and New Zealand Standard Industrial Classification (ANZSIC) codes. […]

This checklist contains a general list of general and specific employment-related deductions and should be used as a guide only. The results may vary depending on individual circumstances. The individual should also have the relevant written evidence where required. Also, how much of the expense is allowable as a tax deduction will depend on the extent the expenses are incurred in earning the person’s assessable income. […]

ASIC has announced that the Federal Government has introduced new laws to help combat illegal phoenix activity. From 18 February 2021, a company director will not be able to backdate their resignation more than 28 days or resign if it means the company would be left without a director. Backdating resignations was a common tactic used by directors to engage in illegal phoenix activity. […]

When SMSF trustees prepare the financial statements and accounts for their fund, they must report the fund assets at market value to comply with regulation 8.02B of the Superannuation Industry (Supervision) Regulations 1994 (SISR). Before this came into force on 7 August 2012, unless the fund was paying a pension or held in-house assets, trustees could provide a valuation for fund assets every three years. This was considered no longer sufficient, and assets must now be reported at market value every year with evidence to support the valuation. […]

In these COVID-19 times, concerns about Div 7A applying are understandable. Some borrowers are facing circumstances beyond their control, and even making the minimum yearly repayments required under complying loan agreements may be out of reach.

The ATO has now announced that it is going to allow extensions to the repayment period for those borrowers who are unable to make their minimum yearly repayment (MYR) by the end of the lender’s 2019-20 income year under section 109RD. […]

The ATO has published draft law administration practice statement PSLA 2020/D1 – remission of additional superannuation guarantee charge.

With the SG amnesty now expired, so too has the ability of the ATO to remit part 7 penalties in full (which can otherwise amount to 200% of the SG charge). To provide guidance to its staff around the remission of Part 7 penalties post-amnesty, the ATO has released this practice statement. […]