I have set out below some pertinent points in relation to Partnership Protection:
Rentals – What expenses can you legally claim – article by Sharon Plant, Property Accountants
Advertising for tenants
This is a claimable expense if it is strictly advertising for tenants and your property is available for rent. These costs include: advertising with local real estate agencies, and posting advertisements in newspapers, local publications or online. Advertising for the sale of a property is a capital expense and can only be taken into consideration as part of the cost base of the property on disposal.
Bank charges
The bank charges on your loan account (usually in the form of monthly fees) are tax deductible as well as any bank charges on a separate bank account that you have specifically set up for your investment property.
Borrowing expenses
These are costs associated with the borrowing of money required to purchase the property and although not deductible upfront, they are deductible over the shorter of either the period of the loan or five years. These include mortgage insurance, title search fees, registration of mortgage, costs for preparing and filing mortgage documents, mortgage broker fees, valuation fees, stamp duty on mortgage and loan establishment fees. There are claimed over a number of years – not all in the year incurred. Borrowing expenses are those costs that are directly related to taking out a loan for the property and include items such as establishment fees, title search fees, any costs incurred in relation to preparing and filing mortgage documents such as broker fees. Borrowing fees can sometimes also include valuation fees and lenders mortgage fees.
It should be noted that any insurance premiums providing for loan payment on your death, as well as interest charges, are not considered borrowing expenses. Additionally, if the total borrowing expenses are less than $100 then the costs are fully deductible in the year in which they are incurred. Similarly, if the loan is repaid in less than five years, the remaining balance of these expenses are fully deductible in the income year in which the loan is finalised.
Council rates
Council rates are imposed on land owners to help fund the cost of community infrastructure and services to the local municipality. Councils generally offer a one-off annual payment or a payment plan of quarterly instalments, and all payments are tax deductible.
Gardening and lawn mowing
This is deductible and includes dump fees, mower expenses, tree lopping, replacement garden tools, fertilisers, sprays and replacement plants.
Insurance
Insurance can be purchased to protect your investment properties. Insurance cover is tax deductible and can protect you against circumstances including loss of rent, rent default, theft by a tenant, building damage and public liability claims. Mortgage insurance is not immediately claimable but is amortised/ depreciated over time as part of borrowing expenses.
Interest expenses
Interest charges on a loan are tax deductible. Principal or capital repayments are not tax deductible. Only the interest component directly related to your property is tax deductible. If you are paying principal and interest on your loan then you will need to calculate the interest component for the year. Locate the bank loan statements for each investment property to ascertain the interest paid for the income year.
Land tax
Land tax is tax deductible. Land tax is a tax levied on the owners of land and it is based on the value of land. Once you’ve completed a land tax registration form, you will be sent an assessment notice showing the land tax payable on the land you own. You will be liable for land tax if you own, or part-own: vacant land, a holiday home, an investment property, a company title unit, or a retail, commercial or industrial unit.
Legal expenses
Legal expenses are generally incurred during the sale or purchase of an investment property. The legal costs for buying and selling a property are not tax deductible and are included in the capital gains tax calculation.
Tax deductible legal expenses include the costs of evicting a non-paying tenant and the costs of terminating a lease.
Pest control
If you pay for your investment property to be sprayed or fumigated by a professional pest controller, then you will generally be entitled to a tax deduction.
Property agent fees or commissions
A property agent charges fees for maintaining your investment property on your behalf. The property agent lists their monthly charges in the property agent’s summary.
The charges for the year-end financial statement, tenant reference-check fees, leasing fees and monthly rental statement fees are all tax deductible. You will receive the net rental income after the property agent deducts their monthly fee.
Repairs and maintenance
A repair is generally tax deductible. Renovations, improvements, replacements and extensions are treated differently to repairs and maintenance. Renovations, improvements, replacements and extensions are generally deductible over more than one year.
‘Repairing’ is restoring the item to the condition it was in before it deteriorated, without changing its essential character. If you ‘replace’ an item with similar parts/ materials then it is also a repair even though you repaired the entire item. If the item is ‘repaired’ with improved parts/materials, which will improve the function of the item or extend its life then it would be considered as an improvement and need to be included as a new asset.
Initial repair rule:
Repairs undertaken within 12 months of the purchase will not be allowed as a deduction.
These non-allowable deduction details should be kept as they will increase the cost base of the property on disposal and will be needed for capital gains calculations. (Law Shipping Co v IRC (1923) and W Thomas & Co Pty Ltd v FCT)
Repairs at the end of the tenancy
Any painting or cleaning or other repairs to return the property to the condition it was in before it was rented will be allowable.
This is allowable even if the property is reverted to private use as long as the expense is incurred in the year of income.
Stationery
Keep a record of all your stationery and postage expenses for the year. Don’t dispose of your records. This is an often-overlooked tax deduction by investment property owners.
Tax-related expenses
The cost of obtaining tax advice from a registered tax agent is tax deductible. Tax preparation fees and accounting charges are also tax deductible.
Telephone expenses
Telephone calls directly related to the running of your investment property are tax deductible.
Travel undertaken to inspect the property or to collect the rent
Investment-related travel and car expenses include airfares, car hire, taxis and accommodation. These expenses are tax deductible if you incur these costs while collecting the rent, inspecting the property, or travelling for some other reason related to your investment property.
In order to claim car expenses, you will need to record your vehicle’s engine size as well as the number of kilometres you travelled while maintaining your investment property each year.
Water charges
Water rates are tax deductible if you, not your tenant, pay the water bill.
While the previous expenses are the most common deductibles on investment properties, there may be other deductions that you are entitled to specifically relating to your investment property.
What cannot be claimed
Not all fees and costs that are associated with an investment property are able to be claimed as a tax deduction. You are not able to claim a tax deduction for any expenses that are:
- related to the acquisition and disposal costs of the property
- not incurred by you, the property owner, for example, any water or electricity charges that are incurred by your tenants
- not related to the rental and income generation of the property, such as if you personally use your holiday home
Costs such as the purchase cost, conveyancing costs, stamp duty on the property transfer and advertising for sale, which are related to the acquisition or disposal of the property, are not able to be claimed as a deduction. However, in relation to capital gains tax you may be able to add these costs to the property’s cost base, or reduced cost base.
DON’T FORGET TO CLAIM DEPRECIATION
Around tax time, there are even more ways to help you pay off your investment – and one of those is by getting a property depreciation schedule that you can claim on tax.
What is property depreciation?
It’s a dollar amount that the ATO legitimately allows a Tax Payer to claim on items that decline in value as they age.
There are two types of allowances available under the Income Tax Assessment Act 1997: depreciation on plant and equipment (such as blinds, carpets and air conditioners) and depreciation on building allowance, which refers to construction costs of the building itself, such as concrete and brickwork.
How does a depreciation schedule help me?
A depreciation schedule will help you pay less tax now. But remember if you claim the depreciation on a year by year basis when/if you sell the property, the cost base and thus the Capital gain/loss is adjusted by the depreciation claimed. (For instance if you buy a property for $450,000 and depreciate $50,000 of assets before selling for $500,000 your gain is $100,000 not $50,000. Speak to your accountant about capital gain/loss as there are many other factors besides the purchase cost and sale price that make up the cost base.
Is my property too old to claim property depreciation?
The most common misconception is that only new property can be depreciated and this is simply not true. If your residential property was built after July 1985 you’ll be able to claim both building allowance and plant and equipment. If construction on your property commenced prior to this date, you can only claim depreciation on plant and equipment but it may still be worthwhile. A Quantity Surveyor can advise you.
I bought my property three years ago. Can I still make a claim?
Yes you can. Your accountant can amend your previous tax returns up to two years back. However it is important to note that your accountant may determine the tax savings after taking into account their fee for the amendment of the tax return may not be worthwhile. Don’t worry as you do not lose the deduction, as discussed above it will count at the time of sale.
My property is renovated. Can I still claim?
Yes. The Australian Tax Office (ATO) will need to know how much you spent on renovations. If the previous owner completed the renovations you’re still entitled to claim depreciation. Where the cost of renovation is unknown, a quantity surveyor has been identified by the ATO as appropriately qualified to make that estimation. NOTE: that if you did the renovation yourself, you can not claim for your time.
Shouldn’t my accountant prepare this report?
If your residential property was built after 1985 your accountant isn’t allowed to estimate the construction costs. The ATO has identified quantity surveyors as properly qualified to make the appropriate estimate of the construction costs, where those costs are unknown. Real estate agents, property managers and valuers aren’t allowed to make this estimate. Your report should be prepared only by a Qualified Quantity Surveyor. Be careful as recent legislation was passed stating that individuals or companies preparing tax depreciation schedules also have to be registered Tax Agents. It is important to get a Qualified Quantity Surveyor to complete the report as a compromise on your tax depreciation schedule will not withstand an ATO audit.
A site inspection of your property is necessary to satisfy ATO requirements and also ensures that all depreciable items are noted and photographed. This guarantees you won’t miss out on any deductions and the documentation can then be used as evidence in the event of an audit.
The best time to get a quantity surveyor to inspect your property is immediately after settlement and hopefully just before the tenant has moved in. But if that’s just not possible, quantity surveyors can liaise directly with the tenant or property manager in order to cause minimal disruption.
Property Investment Strategies – excerpts from article by Bill Zheng in the “Your Investment Property” Magazine
DIY Landlord : Your Guide to Managing Your Rental – article from Your Investment Property Mag
Rob Farmer outlines the upsides and downsides of managing your own property as well as insider tips on how to make it work…
Let’s face it, sometimes being a property manager is a tough job, catering to the needs of both tenant and landlord. In Australia there are a number of landlords who choose to manage their own property, which has it pros and cons. If you are thinking of managing your own rental, here are some things you should consider.
1. Personality and professional distance
The first question you need to ask yourself is do you have the personality type that can keep your relationship with your tenant a business one? If the tenant is late paying the rent, or damage is found during an inspection, or if a tenant wants to break their lease without the required notice, can you assert your legal rights unemotionally?
Being a DIY landlord means dealing with difficult issues – such as making rent demands, evicting tenants and claiming bond monies. Unfortunately, they are a fact of life when dealing with rental properties. As a DIY landlord, you need to ensure that you are going to be able to do these things without getting emotionally involved in the situation.
2. Legal and legislation
In Australia, there are numerous legal and legislative structures in place to protect both tenant and landlord. These vary in each state.
If you are a DIY landlord you need to get up to speed with the relevant Acts and legislation. It is recommended that you complete a short course in property management run or recommended by the Real Estate Institute in the state where your property is located.
As a DIY landlord, you will also need to obtain access to standard agreements and documents such as lease agreements and bond lodgment forms. It is not uncommon that disputes involving rental payment, lease conditions, and bond claims to end up in a tribunal and the judge will take into consideration whether the landlord has taken the appropriate steps and can provide the appropriate records as evidence that this has occurred.
For example, if you wish to evict the tenant you need to be able to demonstrate that you have provided the required reminders, notices and applications at the correct intervals in order to get the demand you require issued. If you cannot do so, the judge may not provide you with the order you wish, and the tenant will be allowed to stay in the property.
3. Rent collection
One of the most important property management tasks is rent collection. It is extremely important that a clear process is followed in this regard and that the full rent amount is paid on the specified date. If you are not clear on this you may find your tenant is constantly late or the money is trickled to you in multiple payments over the course of rent period.
These days, professional property managers use direct debit to manage rent payments. This is the best form of payment as the control is with the property manager. At the commencement of the tenancy, the tenant signs an authority so the rent can be debited from the tenant(s) account on the day it is due. One of the great things about this form of payment is that if there is no money in the tenant’s account, you know about it straight away. With other forms of payment, it may be 3-7 days before you know there is a problem.
If you are a DIY landlord, be clear that rent must be paid in full and on time. Don’t drop in to collect rent, avoid part payments and ensure there is one party that is responsible for communicating any issues with rent payments.
If your tenant does not pay their rent in full at the designated time, I would recommend you need to commence written reminders that rent is due.
Dependent on the state, you can start more formal proceedings from around day 10-14. Be careful that you complete all steps in the right order, keep records and don’t harass the tenant. In some states, for example, there is a limit to how many reminders you can issue.
4. Leasing your property
From time to time your property will become vacant and you will need to find a new tenant – preferably someone who will care for the property and pay their rent on time!
Depending on which state you are in, your tenant will be obliged to provide between approximately two and four weeks’ notice before vacating. There is a lot involved in leasing your property. If you are going to lease your own property there are some important steps involved in the leasing process you need to follow:
Advertising
Advertising is all about creating competition for your property. You want as many people as possible to want to live there. This will maximise the number of applications you get for your property. The more applications you have, the better to choose your perfect tenant from!
You should develop a marketing plan, including how you are going to advertise and what type of tenant are you wanting to target.
In Australia, www.domain.com.au and www.realestate.com.au are important to be in. Also have a look at Google’s new real estate search engine, www.maps.google.com.au – although relatively new, this is a must have.
The way you write your advertisement is very important. Go online and see what others are doing as this will provide you with some great ideas on how to structure and word your ad. Make sure you include the location, any important facilities nearby such as schools and transport, include all the features and benefits of your property and don’t be afraid to be detailed about it. Be sure to include as many pictures as possible that show off your property.
Receiving enquiries
This is an important part of the leasing process. You need to make sure you are accessible and that you manage this process professionally. Tenants may not feel comfortable renting from a DIY landlord if you don’t understand what to do and don’t act professionally.
Tenant screening
It is really important to have a thorough tenant screening process. Remember it is easy to put a tenant in your property but can be potentially very difficult to remove a bad tenant from your property. Make sure you have a list of questions to ask and don’t be afraid to ask them more than once; the same question asked in different ways can often help to identify a discrepancy with what the tenant has previously said.
After the tenant has completed a tenancy application you should screen them by phone and then interview them in person; this is really important as your gut instincts will play an important part in your decision making. Make sure you clearly understand who they are, why they left their last rental, do they have pets, when do they want to move in, will they live alone, what do they do for work, how much do they earn and what references can they provide.
Make sure you verify all these details independently and call previous landlords or agents they have rented from. You can also check the tenant register in your state to ensure that they have not been identified as beingpoor tenants.
Google the prospective tenant and you may be surprised at what you can find out about them. Be careful, of course, not to breach any Privacy laws that are applicable by ensuring you have the appropriate permission.
Application acceptance
Once you are comfortable with your choice of tenant, approve them quickly before another landlord does. Book a time to sign them up on a lease and accept the appropriate bond and deposit monies. It is critical that bond monies are held with the appropriate bond authorities in each state.
Move in day
This is where the ingoing property inspection is agreed upon and the keys are handed to the ingoing tenant.
5. Inspections
As a property investor, apart from getting a good yield, making sure your property asset is looked after is really important. In each state, there are rules on how many times you can inspect a property per year and how the inspection process should be conducted. As a general rule, an inspection occurs three months after initial occupancy and every six to 12 months thereafter.
If you are a DIY landlord, you will need to ensure that you adhere to the legislation in your state regarding inspections, particularly in relation to the frequency, notification and entry process.
Keeping thorough records and photographs is strongly recommended.
6. Rental appraisal and rent increases
If you are going to become a DIY landlord, you need to commit yourself to ensuring you are going to keep up to date on what is happening in your area. You also need to make sure you only increase rents in line with the terms of the lease and the legislation in your state.
One of the most important tasks that a property manager provides is independently determining the market rent for your property. Due to the amount of property they manage in a particular area, they should have an excellent knowledge of what rent your property can achieve. At different times, the market can be stronger than others and this can also vary between different property types.
A good agent can often obtain thousands of dollars a year more for your property in rent because they understand the market.
7. Repairs and maintenance
One of the most common traps for DIY landlords is not understanding tenant rights in regards to repairs and maintenance, and in particular repairs deemed as urgent as defined by the relevant legislation. For instance, if there is no hot water or operating toilets, the tenants have the right to have these items attended to urgently, in most cases they have the right to pay for these to be repaired and claim the money back from the landlord.
If you are a DIY landlord, you need to make sure you have a range of tradespeople who can respond to your calls quickly and cost effectively. One of the advantages of a property manager is that because they deal with so many trades, they have better access and control of quality and cost competitive tradespeople. These relationships can save you hundreds if not thousands of dollars.
8. Availability and time
If you are considering being a DIY landlord, you need to ensure that you are always readily accessible and have the time to deal with situations when they arise. It can be costly and frustrating if you are working or are on holidays when a property needs to be leased, when the tenant doesn’t pay their rent or if urgent maintenance work is required. Be aware that some of these things are time consuming, particularly if you aren’t sure what you are doing.
DIY landlords would be wise to consider a family member or close friend who can assist should you not be available.
Managing a property can be time consuming. On average, it takes about one full-time person to manage 90-100 properties. When interviewing property managers, ask them what their ratio of staff to properties is, to ensure they are not overloaded.
9. Technology, tax and record keeping
If you are going to become a DIY landlord, it is important that you have the appropriate technology and systems to support you. You will need access to the internet, e-mail, mobile phone, a financial reporting system and electronic files for all your record keeping.
One of the advantages of using a property manager is that they will receive, check and pay all of your bills. At the end of each month you will receive a statement of all the transactions, and at the end of each year you will receive an End of Financial Year statement detailing all revenue and expenses.
There are now some advanced agencies that provide landlords the ability to log-in over the internet to view details of the property. For example, at RUN Property, landlords can view everything to do with their property such as tenant details, copies of important documents, photos from inspections and copies of all financial statements and payments.
10. Costs
One of the key reasons that a landlord may consider a DIY option is to save money. Keep in mind that these costs are tax deductible so you should be claiming these to reduce your taxable income.
When you look at the cost of employing a professional property manager, it is certainly good value. If you compare these costs to other professionals, such as accountants, the cost is very reasonable. These costs are often more than offset by the additional rent an experienced manager can get you, better deals on repairs and, of course, the cost of your expenses and time.
REMEMBER – we have a rental property checklist on our website to assist you determine what you can and cant claim. Plant and Associates
Debunking the Myths about Insurance – article provided by Paul Pavlic / Ian Bostock
Myth 1.
I have enough insurance inside my super
Unlikely. Remember that the minimum level of cover provided through your super fund is set with all members in mind. It is therefore unlikely to be exactly the level of cover you and your family needs and may not be enough to cover all or even just some of your debts, loans and mortgages. (Four our clients in Qsuper – once you leave your industry employment your insurance ceases, in addition your insurance is set to automatically decline with age.
Myth 2.
I don’t need insurance, the Government will look after me if I get sick or injured
This would be nice but it’s not really the case. Centrelink will pay a maximum disability pension of $695.30 per fortnight for singles and $524.10 (each) for couples (1). Would this cover your current lifestyle, loan payments and mortgage?
Myth 3.
Workers’ compensation will cover me
Not usually. Workers’ compensation only covers accidents or injuries that occur during working hours or for an illness that are the direct result of your employment. The majority of accidents and illnesses occur outside of the workplace. So if you want to protect your lifestyle and your family it’s unwise to rely on workers’ compensation alone.
Myth 4.
Life insurance is not affordable
For most Australians insurance is very affordable. For example, a 35 year old male, non-smoker applying for $500,000 Life Insurance cover, the monthly premium would be approximately $30. A 25 year old female, non-smoker applying for $500,000 of Life Insurance cover the monthly premium would be approximately $25.
Myth 5.
Life Insurance Companies do not pay claims
Insurers do pay claims. In fact life insurance companies pay out almost $10 million every working day in claims to clients (2). This figure would be even higher if Australians had adequate levels of cover.
Myth 6.
Many people have to pay higher premiums or cannot get life insurance at all.
Insurers are in the business of giving people access to insurance at an affordable price. If they failed to do this, they wouldn’t have a business. Data from the Investment and Financial Services Association (IFSA) indicates that around 93% of applicants pay standard premiums for their life insurance (3).
People who have a higher risk of developing chronic illness or who work in high risk occupations are usually required to pay an extra premium to cover this risk, but this only applies to a few people (the remaining 7% of applicants). And only a very small number are not able to be covered at all.
Myth 7.
Most people have enough insurance
Unfortunately, this is not the case. In fact, research shows that 60% of families with dependent children do not have enough insurance to cover the household expenses for a year if the family bread winner were to die (4). We also know that, on average, those that have death cover through their super policy have less than half the level of cover they need (5).
Ironically, most Australians insure their homes and cars but less than a third insure their most valuable asset, their income. This causes unnecessary hardship for numerous Australians and their families.
A common myth – Insurance is too expensive
A number of people think insurance is too expensive – until they need it. The premiums that these people paid were obviously worth every cent for both them and their family. The following are real claims from Zurich’s portfolio
Age |
Sex |
Occupation |
Cause |
Total Benefit Paid |
Gross Premiums Paid** |
32 |
M |
Dentist |
Eye injury – left eye |
$209,427 |
$314.49 |
34 |
M |
Carpenter |
Amputation of left hand |
$99,711 |
$3,690.55 |
35 |
F |
Occupational Therapist Consultant |
Post viral fatigue |
$41,221 |
$1,142.45 |
38 |
F |
Solicitor |
Insomnia/Anxiety |
$174,496 |
$7,609.57 |
45 |
M |
Sales Representative |
Major Depressive Illness |
$38,721 |
$2,402.90 |
Source: Zurich Life Risk Brochure – A small cost for a large benefit
Do you know if you are currently paying for stepped or level premiums on your insurance policy in super?
Most clients will not be able to answer this question without seeking the assistance of a qualified adviser. Stepped premiums are deceptively cheaper now, however, rapidly increase in price over the long term. If your client’s objective is to hold cover until age 65 and they are in their 20’s, 30’s or 40s it may be more cost effective to implement level premiums.
Do you know if your insurance cover inside of super is unitised and decreasing with age?
Most clients will not be able to answer this question without seeking the assistance of a qualified adviser. Many industry super funds sing the praises of the ‘cheap’ insurance premiums to their members but fail to let members know that their insurance covers are decreasing with age.
Does all of your insurance gradually expire on your way to age 65 and is that suitable to your personal circumstances?
Most people prefer to know the levels of insurance cover they have rather than playing a guessing game if they ever need to make a claim.
Will you have enough insurance cover if you need it?
The majority of super funds issue default cover that is age based, unitised and decreasing with age. Your client may think they have enough Life, TPD & Income Protection Insurance cover inside of super, however, years down the track when an event happens they are often disappointed that the cover has been declining without their awareness.
By making an appointment with a financial adviser, the client can obtain information how to obtain fixed levels of insurance cover that will not decrease with age, rather the client can choose to have the cover increase with inflation.
Are you aware that our financial adviser can assist you to arrange for your insurance premiums for Life, TPD and Income Protection to be paid from your superannuation account if cash flow is an issue for you at this point in time?
Most clients do not know that this is an option to overcome cash flow issues.
Do you know what Trauma insurance cover is?
Basically 80% of the population will die from a trauma event – the most common trauma events are – Heart attack, Stroke and Cancer. Yet only 3% of the population are covered for Trauma events.
Did you know that you can insure your children between the ages of 2-16 for Trauma events?
Most people say that their family is important to them, however, many clients are not aware they can insure their children for trauma events.
What would you do if you lost your income due to sickness or serious injury and could not meet your mortgage repayments?
Most clients do not have sufficient cash reserves or a plan B if they lose their income.
It is always a good idea to run these scenarios by your licensed adviser as they may be able to apply for special terms on the following conditions.
- Family health history (eg cancer, heart conditions)
- Currently taking Prescription Medication
- Are you Pregnant. Unfortunately, due the nature of this medical condition you are unable to apply for insurance until your baby is born.
- Trail bike riding/hazardous sports
- Mental health medication
- Body Mass Index over 35
- Time off work for depression
- Currently on an insurance claim or law suit
- Self Employed with ABN need 12months financials and Income Tax Return
- Smokers generally pay double for insurance premiums
- I am Bankrupt
- I am a full-time international student
Cardinal rules to keep you out of trouble with the ATO
- Never ‘back-date’ documents
- Only claim what you know is a genuine tax deduction
- Declare all of your income
- Don’t estimate your deductions, and always double-check figures and numbers before you submit your tax return
- File your tax return on time in order to avoid penalties
- Don’t freak out. You are innocent until proven guilty
- If you have done the wrong thing then fess up to the ATO straight away and limit the damage
- Keep your receipts and have them all in order and ready for the tax office
- Make sure you have a depreciation schedule from a quantity surveyor if you are claiming depreciation for rental properties
- Have a 13-week log book for car deductions
- Seek professional advice from a tax lawyer/accountant who has experience in dealing with ATO tax audits
- Get everything prepared in advance – bank statements, records, invoices and receipts
- Be honest, and explain anything relevant in as timely a fashion as possible
- Don’t sign anything until you fully understand the document, and agree with the conclusions that it has come to
- If necessary, seek a payment plan or a retraction of penalties
16 serious mistakes that would trigger an ATO audit
- Estimating rather than getting the actual figures
- Claiming a deduction for interest on the private portion of the loan. The interest expense must be apportioned between the ‘deductible’ and the ‘private’ portion of the total borrowings.
- When depreciating assets, new assets acquired for less than $1,000 during the year are allocated as ‘low cost assets’ to the pool but the decline in value for these assets in the first year is at a rate of 18.75%, or half the pool rate. Halving the rate recognises that assets may be allocated to the pool throughout the income year and eliminates the need to make separate calculations for each asset based on the date it was allocated to the pool. For subsequent years they are depreciated at the normal pool rate of 37.5%.
- Claiming initial repairs or capital improvements as immediate deductions. Initial repairs to rectify damage, defects or deterioration that existed at the time of purchasing a property is generally capital and not deductible, even if you carried out these repairs to make the property suitable for renting. However, it may be claimed as capital works deductions over 40 years.
- Not showing dividends from dividend reinvestment plans in your tax return
- Claiming a deduction for the cost of travel when the main purpose of the trip is to have a holiday and the inspection of the property is incidental to that
- Not having receipts to justify the deductions you are claiming, and you cannot justify the connection between the expense and deriving the income (eg, it was for a private purpose).
- Omitting overseas income – taxpayers are subject to tax on their world-wide income and the ATO has agreements with over 42 countries with data-sharing.
- Claiming deductions for a rental property that is not genuinely available for rent, ie, a holiday house
- Incorrectly claiming deductions for a property that is only available for rent for part of a year
- Incorrectly claiming deductions for a rental property when it has been used by relatives or friends free of charge for the part of the year. A deduction is not allowable for the periods involving that free occupancy.
- Incorrectly claiming for the cost of land in a claim for capital works. Only the original cost of construction is included in the calculation and the cost of the land forms part of the cost base when calculating a capital gain or loss.
- Incorrectly claiming deductions on depreciating assets that are only eligible for a capital works deduction
- Incorrectly claiming a deduction for conveyancing costs when they should form part of the cost for capital gains tax purposes
- Incorrectly claiming all deductible borrowing expenses greater than $100 in the first year they are incurred instead of spreading over five years or over the term of the loan, whichever is less
- Not splitting the income and expenses in line with their legal interest in a property where purchased by a husband and wife as co-owners
6 Ways To Legitimatly Reduce Your Tax Bill
1. Franked dividends
One of the great benefits of investing in stocks listed on the Australian market is the franking credit system – providing shareholders with a tax credit for corporate tax paid on company profits.
Take the example of a retired couple over 55 who jointly own a $1 million share portfolio, producing a fully franked yield of 5%. The grossed-up dividend (which takes into account the value of the franking credits) is 7.14%. This means that in the first year, the portfolio would produce combined cash dividends of $50,000 plus $21,428 in franking credits.
As the couple in this case study has no other taxable income (their superannuation pensions are not included in their taxable income), they will receive a cash refund totaling about $14,000 for excess franking credits. (Excess franking credits occur when franking credits exceed the amount of tax payable.)
2. Franked dividends in super
What if the same $1 million portfolio were held in, say, a self-managed super fund whose assets support the payment of superannuation pensions to each spouse? The key to this tax position is that superannuation assets backing the payment of a pension are not taxable. If the fund – for the sake of simplicity in this example – held no other assets apart from the $1 million, fully franked portfolio, it would receive a cash refund of all $21,428 for excess franking credits.
Under superannuation law, a person can take a transition-to-retirement pension from age 55, and their super assets supporting the pension immediately gain this tax-free treatment. And if the members receiving the pension are over 60, the pension payments are tax-free in their hands.
3. Income-splitting
One of the simplest ways to reduce tax is to hold nonsuperannuation investments jointly or in the name of a lower-earning spouse. Another way to split income to reduce tax is to setup a discretionary trust to distribute income and capital gains to adult family members with low tax rates.
Be warned, individuals under 18 are no longer be eligible for the low-income tax offset on their so-called unearned income (such as dividends, interest and rent). This means that unearned income paid to children – perhaps through family trusts – is subject to the full penalty rates applying to minors.
4. Salary-sacrificed super
This is the last tax year before the standard cap for concessional contributions by members over 50 is halved from $50,000 to the indexed $25,000 cap that already applies to other fund members. (Members over 50 with low super savings will not have their concessional caps halved.)
Concessional contributions comprise superannuation guarantee and salary-sacrificed contributions as well as personally- eductible contributions by the selfemployed and eligible investors. The immediate tax benefits of maximising salary-sacrificed and personallydeductible are that the amounts within the annual contribution caps are taxed at 15% upon entering the concessionally-taxed super system – instead of marginal tax rates.
5. Transition-to-retirement pensions
The strategy of taking a transition-to-retirement pension while simultaneously making salary sacrificed contributions otentially can produce excellent tax breaks that should not be ignored.
The strategy has four main tax advantages. Salary-sacrificed contributions are taxed at 15%, not marginal tax rates; the taxable portion of the pension is taxed at marginal rates with a rebate of up to 15% to age 60; and the pension is tax-free from age 60. And most importantly for members with larger balances is that super fund assets backing the pension payments are tax-exempt.
Further, amounts taken as a transition-toretirement pension – a set minimum must be taken each year – can be recontributed to super as nonconcessional contributions, which have an annual contribution cap of $150,000. The making of non-concessional contributions will help minimise tax on any of your super death benefits eventually paid to non-dependants including financially independent adult children. And, of course, large contributions will replenish or boost super balances.
6. Small business CGT concessions
These concessions together with the standard discount CGT discount for assets held at least 12 months means that owners of eligible small businesses can potentially greatly reduce or wipe-out capital gains tax upon the sale of their enterprises – even if there have been multi-milliondollar gains.
Astute business owners keep a close watch on whether their businesses remain eligible for the small business CGT concessions and gain a full understanding of how the various concessions operate. It is possible to adopt a series of strategies so a business remains eligible for the concessions as long as possible.
Questions to ask your accountant
1. When buying business insurance is it best to work with a broker representing various carriers or should I go direct to insurance companies?
2. I am in the market for a bank loan. What kinds of information should be included in the business plan I present to the bankers? How should this information be presented
3. Which indicators of my company’s performance should I be tracking weekly, monthly, annually? Should I calculate these key indicators, or should I ask my accountant to do it?
4. How do I prepare cash flow statements and how do I use them as management tools?
5. How can I tell if my company has reached the limit of its borrowing capacity? Can I comfortably handle additional debt?
6. How do my financial ratios and percentages compare with the averages of other businesses in my industry?
7. What taxation implications are there for me when I go to sell my business?
8. What strategies can I use to defer my income tax?
9. When buying business insurance is it best to work with a broker representing various carriers or should I go direct to insurance companies?
10. Which indicators of my company’s performance should I be tracking weekly, monthly, annually? Should I calculate these key indicators, or should I ask my accountant to do it?
11. What types of salary packaging are available to my business? What are the fringe benefits tax implications?
12. How do I introduce a performance measurement system for my staff?
13. What business structure is most appropriate for my circumstances – a company, trust, partnership or proprietorship? What are the relative advantages and disadvantages?
14. How can I protect myself against fraud or other unauthorised use of funds? Should I have controls over internet banking and what should they be?
15. How can I establish a succession plan that ensures continuity in my business when I retire or die?
16. Can I sell off part of my business without losing control?
17. Am I pricing my products and services correctly?
18. What business structure is most appropriate for my circumstances – a company, trust, partnership or proprietorship? What are the relative advantages and disadvantages?
19. What kind of questions can I expect from bankers when they review my company’s financial ratios and percentages as part of the borrowing process?
20. How can I establish a succession plan that ensures continuity in my business when I retire or die?
21. Can I sell off part of my business without losing control?
22. When buying business insurance is it best to work with a broker representing various carriers or should I go direct to insurance companies?
23. I am in the market for a bank loan. What kinds of information should be included in the business plan I present to the bankers? How should this information be presented?
24. Which indicators of my company’s performance should I be tracking weekly, monthly, annually? Should I calculate these key indicators, or should I ask my accountant to do it?
25. What types of salary packaging are available to my business? What are the fringe benefits tax implications?
26. How do I introduce a performance measurement system for my staff?
27. How can I tell if my business has reached the limit of its borrowing capacity? Can I comfortably handle additional debt?
28. What do my bankers expect from me in terms of financial reports? How can I maintain professional and productive relationships with them?
29. Should I look for a general computer accounting package or am I better off looking for an industry specific system. What are the benefits and drawbacks of each?
30. When is it time to eliminate low profit items from my product / service line?
Interest Deductibility After Income-Producing Activity Ceases
Issue
The issue is whether a deduction for interest expenses incurred in respect of funds borrowed for use in a business or investment activity remain deductible even though those incoming-earning activities may have ceased.
Taxation Ruling
TR 2004/4 refers to the Full Federal Court decisions in the cases of Brown and Jones. The ruling refers to investments in businesses, rental properties and shares.
Brown’s Case
The taxpayer partners borrowed to acquire a Delicatessen business. After a number of years, the business was sold at a loss. The proceeds on the sale were insufficient to cover the loan. The court held that the interest expense incurred on the outstanding loan balance remained deductible.
Jones’s Case
The taxpayer and her husband borrowed money to fund a trucking and equipment hire business. After the husband’s death, the taxpayer sold the assets of the business but the proceeds were insufficient to repay the loan. Subsequently, the taxpayer refinanced the loan because she was able to obtain a lower interest rate through an alternative lender. It was held that the interest costs incurred were deductible as the new loan was considered to have taken on the same character as the original borrowing.
Establishing a nexus
The commissioner states that a sufficient nexus between the former income earning activities and the interest expenses incurred following cessation of those activities, must continue to be maintained.
In particular, the commissioner notes that the interest is still considered to be incurred in gaining or producing ‘assessable income’ if the ‘occasion’ of the outgoing is to be found in whatever was productive of that income in an earlier period.
Interest expenses may still be deductible irrespective of:
- The loan not being for a fixed term
- The taxpayer having legal entitlement to repay the principal before maturity, with or without penalty, or
- The original loan being refinanced.
Breaking the nexus
The commissioner does state that the nexus would be broken if it could be concluded that the taxpayer:
- Has kept the loan on foot for reasons unassociated with the former business activity, or
- Has made a conscious decision to extend the loan to obtain a commercial advantage which is unrelated to the previous attempts to earn assessable income.
Factors to determine whether the nexus is broken include:
- Is the taxpayer entitled to fully repay the loan or is there a fixed term in which interest is required to be paid?
- What is the financial capacity of the taxpayer following the cessation of income earning activity?
- Does the taxpayer hold liquid assets? If so, are these asset holdings substantial?
- Have assets held by the taxpayer been realised/disposed? If so, have the proceeds from the realisation of those assets been used to repay the loan principal?
- Has a significant amount of time elapsed since the cessation of the income earning activites?
- Has the taxpayer refinanced the loan following the cessation of income producing activities?
Trading Name
Business name
Do I need to register a business name?
If you are using your own name – your given name(s) and/or initial(s) followed by your surname – as a business name, it does not have to be registered.
You need to register your business name with the Australian Securities and Investments Commission (ASIC) if:
- you include other words with your name, such as Joan Smith Party Hire or John Smith & Sons
- you are trading under a name that is different from your own name
- you are operating a company (Pty Ltd) and want to trade under a different name to your company name.
A business name (e.g. Acme Trading Services) is different from a company name (e.g. Acme Pty Ltd). A business name is used by consumers to identify the company or persons behind a trading name. A company is a separate legal entity from its directors and shareholders.
You must register your business name with the Australian Securities and Investments Commission (ASIC). You must then adhere to several legal obligations to avoid fines and the possibility of losing the name you trade under.
- Register your name before you spend money on signage, printed material, name tags or uniforms displaying your business name.
You can apply for an Australian business number (ABN) and a business name at the same time. You will use your ABN to manage your tax and deal with other businesses or government departments.
How to do a business name search
After choosing a natural and fitting name for your business, you must conduct a business name search to ensure it is available and acceptable to register.
The Australian Securities and Investments Commission (ASIC) will check the suitability of your name, but it is good to check it first yourself to avoiding having your application rejected.
You can check if a name is available for registration by searching the ASIC register. The register will compare your name against an index of Australian corporations, businesses and government bodies.
How to register a business name?
Once you have chosen an appropriate name, you can contact the Australian Securities and Investments Commission (ASIC) to:
check that the business name is available
register your business name nationally with ASIC Connect.
In your application, you will need to provide:
- your Australian Business Number (ABN) or ABN application reference number
- your proposed business name and registration period
- the business locations or addresses
- the full names and addresses of all business owners.
Once your business name is registered, you will receive a record of registration effective for 1 year or 3 years, depending on the term you chose on your application. You will also need to meet legal obligations, that may include:
- displaying your business name
- renewing your registration to keep it active
- informing ASIC of any changes to your registered details within 28 days after the change occurs – including if you cease to trade under the business name.
Once you’ve registered your business name you can use ASIC’s business name services to renew your business name, cancel your business name or update your business name and address details.
Renewing your registration
To keep using your business name you need to renew your registration before the expiry date. The minimum registration period is 1 year. A discount is available if you renew for 3 years. If you don’t renew your registration, your business name will be removed from the register and another business will be free to use it. You could then be stopped from using the name you have been trading under.
Changing your details
If you have any changes to business ownership, the names of business owners or your business addresses, you must tell ASIC within 28 days of the change.
If you decide you want to change your business name, or if you have made a spelling error on your application, you will also need to contact ASIC.
Closing your business
If you plan to close your business, you must send ASIC a request to cancel your business name at least 28 days beforehand. ASIC will then notify the business name holder (and any other people recorded in the business names register). This prevents unauthorized attempts to cancel a business name.
Tips for creating a business name
Your business name should accurately reflect your business. It should clearly convey to potential clients the type of products or services you offer.
When you are choosing your business name you should make sure that it is:
- not too long
- easy to pronounce
- easy to spell
- memorable
- not likely to date
- logical
- not offensive
- not misleading.
If you think you might want to trade overseas, you should check the suitability of your business name in other countries.
Payroll tax
Payroll tax is a state tax calculated on wages paid, or payable, by employers and applies in all Australian states and territories.
For payroll tax purposes wages include:
- salaries
- allowances
- director’s fees
- super
- the grossed-up value of fringe benefits.
Contractors
Any payments made to contractors under a relevant contract are taxable.
Exemptions and rebates
You may be able to claim an exemption or rebate for payroll tax.
Common exemptions and rebates are listed below:
Exempt allowances—includes motor vehicle and accommodation.
Exempt employees—includes apprentices, trainees and certain other employees.
Exempt leave—includes maternity/paternity, adoption, surrogacy, volunteer worker and defence/military leave.
Film and TV rebate—includes rebates for certain feature films, telemovies and television series.
Queensland Payroll Tax Facts
- Payroll tax is paid by businesses or groups of businesses that pay more than $1.1 million a year in Australian wages.
- You must register for payroll tax within 7 days after the end of the month in which you:
- pay more than $21,153 a week in Australian taxable wages
- or, become a member of a group that pays more than $21,153 a week in Australian taxable wages.
- The current payroll tax rate is 4.75%.
- To calculate your payroll tax liability:
- determine your total taxable wages
- subtract any deductions
- multiply this amount by the current tax rate of 4.75%.
- You can lodge either periodic or annual returns. Periodic returns are due monthly, 7 days after the end of the return period. Annual returns are due by the 21st July each year.
For more information about payroll tax or to find out if you are liable to pay any payroll tax, contact the revenue office in your state or territory:
Australian Capital Territory – phone (02) 6207 0088 or visit www.revenue.act.gov.au
New South Wales – phone 1300 139 815 or visit www.osr.nsw.gov.au
Northern Territory – phone 1300 305 353 or visit www.revenue.nt.gov.au
Queensland – phone 1300 300 734 or visit www.osr.qld.gov.au
South Australia – phone (08) 8204 9880 or visit www.revenuesa.sa.gov.au
Tasmania – phone (03) 6233 2813 or visit www.sro.tas.gov.au
Victoria – phone 13 21 61 or visit www.sro.vic.gov.au
Western Australia – phone 1300 368 364 or visit www.dtf.wa.gov.a