Tax Update – April 2006

           

Key Dates

28th May 2006

Due date for lodgement of 2006 Fringe Benefits Tax (FBT) return and payment if required.

         

A.T.O. Guide on Service Trusts

 

Simplified Tax System: 25% Entrepreneurs’ Tax

The ATO has released a document “Your Service Entity Arrangements”, which discusses:

§      The use of service arrangements;

§      The extent of tax office compliance activities;

§      Whether your service trust arrangement should be reviewed and the steps to take;

§      Examples of indicative service fees;

§      Practical case studies;

Taxpayers have until April 2007 to comply, unless their services fees are over $1m, represent 50% of gross fees and the service trust profit is over 50% of the profit of the combined entities.

This document complements the new Ruling TR 2006/2 relating to the deductibility of these service fees. An online copy of the guide can be found at:

http://www.ato.gov.au/content/downloads/N13086-04-2006.pdf

 

From 01/07/05, the Entrepreneurs’ Tax Offset (ETO) is a new measure that allows a tax offset of up to 25% of the income tax attributable to the business income of a business in the simplified tax system (STS).

The ETO is available to:

§    an individual/company that is an STS taxpayer;

§    a partner in an STS partnership;

§    a trustee of beneficiary of an STS trust.

Where:

§    the STS group turnover for the year is less than $75,000; and

§    there is net STS income for the year.

STS group turnover for a given year is:

§    the value of the business supplies made by the tax payer during the year; plus

§    the value of the business supplies made during that year by any other grouped entities  under the STS grouping rules.

§    It excludes business supplies made between the taxpayer and any grouped entities.

If the taxpayer’s STS group turnover is $50,000 or less, a 25% tax offset can be claimed against the income tax liability attributable to the STS business income. The tax offset is phased out until it equals zero at a turnover of $75,000.

 
 
 
 
 
 
 
   

Tax Office Advice & Periods of Review

 

Legislation has been introduced to improve the provision of Tax Office advice and reduce the amendment period for income tax assessments for 2004-05 and later years.

Taxpayers with nil liability or loss returns will now have the same review period as taxpayers with tax liabilities – previously it was unlimited.

From 1st January 2006, taxpayers with nil liability and loss returns for 2004-05 and later income years will now be issued a Notice of Assessment rather than a non-taxable advice.

Transitional arrangements have also been put into place so that nil liability and loss returns for 2003-04 and earlier income years are not open to review indefinitely.

The period of review to which an amendment to an income tax assessment for most individual taxpayers and very small businesses participating in the simplified tax system is two years for 2004-05 and later. This compares with the 4 year limit for other taxpayers.

 
 
   
 

Luxury Vehicle Data Matching

 

The Tax Office will request and collect details of approximately 600,000 individuals or entities who have purchased or acquired a motor vehicle valued at $70,000 or higher from the various roads and traffic authorities.

The information will be electronically matched with certain sections of Tax Office data holdings to check taxpayers’ compliance with the $57,009 luxury car limit used for depreciation purposes.

The Tax Office advises that the project complies with the Federal Privacy Commissioner’s Guidelines on Data Matching in Commonwealth Administration.

NOTE: The above articles presented here are provided for information purposes only and are not to be treated as taxation or financial advice.