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What Education Expenses Can I Claim?

Get the latest information surrounding self-education expenses (item D4 of the tax return), especially in relation to the recent changes made to deductibility rules. We’ll also cover off some key information about what can and cannot be claimed and at what stage a legitimate claim can be made.

Items that can be claimed

Typical expenses that can be claimed as a tax deduction in personal tax returns include the following: tuition fees (direct full-course fees, fees payable under FEE-HELP, fees payable under VET student loans, and costs under OS-HELP loans), meals and accommodation during temporary overnight stays to participate in a course, textbooks, stationery, union fees, amenities fees, parking fees, a proportion of the decline in value of a computer, and travel costs in either direction between home and place of education or workplace and place of education. Note that with travel costs, only one leg of the trip is tax deductible.

Items that cannot be claimed

Fees paid under the HECS-HELP, HELP, SFSS, SSL, TSL or VSL programs cannot be claimed. Additional legs of trips made between home, work and place of education cannot be claimed.

Further, any formal courses provided by professional associations, or seminars, workshops or conferences cannot be claimed as part of self-education expenses. These are, however, tax deductible but claimable at Other Work-Related Expenses (item D5 of the tax return).

Timing of claimable deductions

In order to claim self-education expenses, you must be working in that same industry and show that the course undertaken was leading to, or would likely lead to an increase in income from those current work activities. You cannot claim self-education expenses if you undertake a course to obtain a job in the future in that industry, or if you’re looking to move into a different area of specialty in your current industry. Should this be satisfied, all items that can be claimed (as listed above) will be deductible expenses.

The removal of the $250 reduction

Commencing from the 2023 financial year, the ATO have removed the requirement to reduce the first $250 of self-education expenses. This simply means that for every deductible amount claimed, the tax benefit for claiming self-education expenses commences from the first dollar of claimable costs – in line with other work-related deductions.

Conclusion

The above is a summary of the claiming of self-education expenses as a tax deduction for individual taxpayers. It outlines key items that can be claimed, at what stage they can be claimed and the key change that took place in the 2023 financial year which removed a reduction in the claimable amount by $250.

Small Business Tax Incentives

This article details information surrounding newly legislated small business tax incentives which take effect from 29 March 2022 and run until 30 June 2023 for one incentive and 30 June 2024 for the other. The Small Business Technology Investment Boost provides a bonus tax deduction for eligible businesses to assist with the digital operations, and to help digitise business operations, and runs from 29 March 2022 to 30 June 2023. The Small Business Skills and Training Boost provides a bonus tax deduction for eligible businesses to participate in external training courses delivered by registered training providers and runs from 29 March 2022 to 30 June 2024. Businesses eligible for these incentives include companies, sole traders, partnerships, Self-Managed Super Funds, and trading trusts.

Small Business Technology Investment Boost

For small businesses with less than $50m in turnover, this incentive allows for businesses to obtain a 20% bonus deduction (effectively claiming 120% of eligible expenses) for any eligible expenditure incurred to support their digital operations and to digitise their operations. This is for any expenses from 29 March 2022 through to 30 June 2022 and is capped at $100,000 of expenses per financial year applicable, meaning a bonus deduction of up to $20,000 per year.

These costs can include any expenses that are either immediately tax deductible, or depreciable assets, however if the item being claimed is a depreciable asset, it must be held and ready for use by 30 June 2023. Given the ability to claim a full-tax deduction for ordinarily depreciating assets (temporary full expensing) for small businesses which qualify for this incentive, unless a business elects not to claim a full deduction for certain assets, it would be expected that a depreciating asset would be fully depreciated on the depreciation schedule and relevant sections of the tax return, and then claim the bonus 20% deduction at the newly created section of the tax return.

Expenditure which falls under this incentive includes: computer and phone hardware and equipment, software, internet costs as well as systems and services which aid in the use of computer networks; digital media and marketing and web design; cyber security systems, backups and monitoring services; and anything relating to e-commerce goods and services.

For small businesses satisfying the eligibility criteria, it would be expected that most would be able to take advantage of this incentive, especially given the broad range of eligible expenses falling within this boost.

Small Business Skills and Training Boost

Like the Small Business Technology Investment Boost, the eligibility criteria for this incentive is quite similar. If business turnover is less than $50m, a bonus deduction of 20% is available for eligible expenditure between 29 March 2022, up until 30 June 2024. Again, this is capped at $100,000 of expenses per financial year, providing a maximum bonus deduction of $20,000 per eligible year.

Expenditure available under this incentive is for in-person or online training of employees of your business in Australia. However, the added criteria for expenditure to be eligible under this incentive is that the charge must be by a registered external training provider and cannot be a related business or yours or an associate of yours. An example of such expenditure would be first-aid training provided by a registered provider (such as St John Ambulance), or industry specific training, where the training provider is formally registered. This key item of eligibility means a little more work from your side to confirm whether a provider is in fact a registered training organisation.

How to claim

Although these two incentives were announced in March 2022, the legislation to allow for these boosts to be claimed only passed in late June 2023. As such, there has been much talk and speculation as to how businesses are to claim expenditure from 29 March 2022 through to 30 June 2022. There is no requirement to amend a 2022 tax return. Instead, the ATO is allowing a claim for the 2022 financial year and 2023 financial year boosts to be included in the 2023 income tax return.

The above simply means that eligible businesses would claim the ordinary deduction in the 2022 tax return, but then in the 2023 tax return, would be entitled to claim the bonus 20% deduction for eligible 2022 expenditure, plus the 120% deduction for eligible 2023 expenditure. For the Small Businesses Skills and Training Boost, which carries on for a further financial year, the 2024 financial year eligible expenditure will be claimed, along with the 20% boost in the 2024 tax return.

Conclusion The above is a summary of the limited time-frame available to claim a bonus 20% tax deduction for eligible expenditure for small businesses when investing in skills and training for employees and technology and digitisation for their business operations. It is key to understand the eligibility criteria and the expenses available for such incentives when preparing financial accounts and tax returns for your business.

This information should provide valuable insight into a program, which even though it is available only for a finite period, will assist many small businesses in receiving additional tax deductions that either spend, or choose to invest in training and/or digitising in their business.

Commercial Landlord Hardship Fund NSW

The Commercial Landlord Hardship Fund provides grants of up to $3,000 per month per retail or commercial lease to eligible NSW small landlords.

The Fund is an exhaustible financial resource and remains open until it is

–  Declared closed by NSW Government; or

–  The money in the Hardship Fund is exhausted (“runs out”) – whichever comes first.

Applications open in October 2021.

Eligibility criteria

Applicants must:

    1. be a landowner (or trustee) with total taxable land holdings of less than $5 million (as at 31 December 2020)
    2. have not claimed land tax relief for the relevant property for rent reductions between 1 July 2021 and 31 December 2021
    3. have gross rental income as their primary source of income (gross rental income being more than 50% of total assessable income) for the 2019-20 financial year;
    4. be a landowner of the property for which an application is made;
    5. be the landowner of a New South Wales property subject to the Retail and Other Commercial Leases (COVID-19) Regulation 2021;
    6. be a landlord with a current lease agreement that provides rent relief to the tenant(s) from 13 July 2021 that will not be claimed as 2021 land tax relief
    7. attest that providing rent relief to the tenant(s) may cause financial hardship

Process before applying

 Before applying to the Commercial Landlord Hardship Fund, landlords must complete the following process under the Commercial Tenancy Relief Scheme:

Step 1 – Reach an agreement through either mediation or private negotiation with impacted tenants, that complies with the Retail and Other Commercial Leases (COVID-19) Regulation 2021

Step 2 Obtain tenant’s approval to disclose terms of agreement for the purpose of applying for the Commercial Landlord Hardship Fund grant

Step 3 – Show evidence that the agreed amount has been applied to the month for which the grant is being claimed

Landlords may then apply for a grant of up to $3,000 per month per eligible property in proportion to their ownership share.

 

Monthly Reporting

Monthly attestation is required (for the term of the rental abatement agreement) from the applicant that

–  The rental abatement agreement remains in force; and

–  All other scheme requirements continue to be met, in particular ongoing financial hardship of both the tenant and landowner.

 Applications and Evidence

Application is made through Service NSW – and open in October 2021

Applicants must attach

Statutory Docs

–  a 2020 or 2021 Land Tax Assessment Notice OR

–  2019-20 Income tax return for the relevant entity

Lease Agreement

–   the current lease agreement (or other suitable documents where not available) with their tenant(s) showing:

(a) the total value of pre-COVID rent;

(b) tenant(s) contact details;

(c) tenant(s) Australian Business Number(s) or Australian Company Number (ACN).

Evidence of Relief

–  written details of the rent relief agreed between landlord and tenant(s), including:

(a) rent relief start and end dates

(b) total value and per cent of rent deferred

(c) total value and per cent of rent waived.

ID

–  Acceptable Identification

Attestation

Applicants will be required to attest that:

(a) they meet the Commercial Landlord Hardship Fund eligibility criteria;

(b) the information provided in the application is true and correct;

(c) a current lease agreement is in force and is subject to the Regulation;

(d) they hold the written consent of the tenant to provide business and contact details;

(e) the rent reduction has or will result in financial hardship to the applicant; (our emphasis) and

(f) they acknowledge and understand the NSW Government reserves the right to recover any grants paid if any application information is found to be false or misleading, or the grant is not used in accordance with the terms of funding set out in these guidelines.

FOR MORE INFORMATION VISIT SERVICE NSW: https://www.service.nsw.gov.au/commercial-landlord-hardship-fund-guidelines#other-information

 

Six Member SMSFs allowed from 1 July 2021

It has been a few years since the proposal to increase the number of members in a self-managed super fund (SMSF) from four to six was put forward by then Treasurer Scott Morrison.

On 22 June 2021, the legislation for this proposal received Royal Assent.

SMSFs are permitted to have up to six members from 1 July 2021.

There is a lot to consider when adding members to a SMSF and may not suit everyone.

Key Considerations:

  • More members can pool their balances to purchase larger or higher value assets such as property.
  • It could increase the ability to make contributions which in turn could increase cashflow.
  • Allows families to include more family members. It would allow Mum & Dad to include up to four children under the same SMSF.
  • Increased complications when there are disputes, in particular family law disputes
  • Increased risk of control imbalance if voting is based on weighted balances.
  • All trustees/directors are responsible for decisions made, even if they are not directly involved. Succession planning and future control will need to be carefully considered to help manage the risk of loss of capacity and death
  • Most States and Territorities, include New South Wales only permit up to four individual trustees. Accordingly, the SMSF will need to have a corporate trustee where all members would be directors in order to have up to six SMSF members.
  • Some trust deeds specify the four member limit and would need to be varied before increasing the number of members.

NSW Payroll Tax Rate Reduction

The NSW Government has announced a reduction in the payroll tax rate to 4.85 per cent for the 2020/21 and 2021/22 financial years.

The threshold has also increased to $1,200,000 for the 2020/21 and subsequent financial years.

These changes apply retrospectively from 1 July 2020.

Tax year Threshold Tax rate
01/07/2020 to 30/06/2021 $1,200,000 4.85%
01/07/2019 to 30/06/2020 $900,000 5.45%
01/07/2018 to 30/06/2019 $850,000 5.45%

About a Payroll Tax

If you’re an employer who pays wages in NSW, you must register for payroll tax if your total Australian wages exceed the relevant monthly threshold.

Days in the month Threshold
28 $92,055
30 $98,630
31 $101,918

What are ”Wages”?

Wages and other payments to employees engaged on a permanent, temporary or casual basis are subject to payroll tax.

  • Wages
  • Allowances
  • Bonus / Commissions
  • Director Fees
  • Fringe Benefits
  • Superannuation
  • Salary Sacrifice
  • Termination payments
  • Third party payments
  • Salary Sacrifice

If you would like a review of your “Wages” to staff and contractors in light of Payroll Tax please contact us for a quote.

ATO scam calls may soon be a thing of the past

ATO scam calls may soon be a thing of the past

Last year, some 107,000 ATO impersonation scam calls were reported to the authorities. The real number is likely to be much higher, given that most of these type of calls go unreported. Scammers are increasingly using technological advances to appear more legitimate and nab unsuspecting victims. One technique commonly used is “spoofing”, where scammers use software to mislead the caller ID technology on mobile phones and modern fixed line phones. Rather than transmitting the actual, typically overseas, phone number the call is coming from, the software “overstamps” it with another phone number.

Commonly, the numbers used are widely publicised, such as the legitimate numbers used by the ATO. Tip: The ATO has recently alerted the community to an SMS scam which claims that you’re due to receive a tax refund and asks you to click on a link. The ATO will never send an email or SMS asking people to access online services via a hyperlink. Due to the prevalence of these scams and the large amount of money lost by individuals, Australian telcos, the ATO and the Australian Communications and Media Authority (ACMA) recently collaborated on a three-month trial of technology to block scam calls appearing to originate from legitimate ATO phone numbers.

Under the Scam Technology Project, participating telcos used software to identify calls which had been “overstamped” with specified ATO phone numbers and blocked them. According to the government, the trial has been “highly successful” in blocking spoof calls from specified ATO numbers. While this blocking technology will not stop scammers randomly ringing Australians pretending to be from the ATO, it will stop specific ATO numbers appearing in the caller ID on the recipient’s phone, making the scam seem less convincing. Tip: If you receive a call from someone who says they are from a government department, such as the ATO, but you’re not sure whether the call’s legitimate, the best course of action is to hang up and phone back on a widely publicised number from an official website or source.

Expanded instant asset write-off for businesses

Expanded instant asset write-off for businesses

If you’ve purchased assets for your business, remember that you may be eligible to claim an immediate deduction under the instant asset write-off, which was recently expanded. From 12 March to 30 June 2020 inclusive, the instant asset write-off threshold for each asset increased to $150,000 (up from $30,000) for business entities with aggregated annual turnover of less than $500 million (up from $50 million). To get it right, remember:

  • check if your business is eligible;
  • both new and secondhand assets can be claimed, as long as each asset costs less than $150,000;
  • assets must be first used or installed ready for use between 12 March and 30 June 2020;
  • a car limit applies for passenger vehicles;
  • if the asset is for business and private use, only the business portion can be claimed;
  • you can claim a deduction for the balance of a small business pool if its value is less than $150,000 at 30 June 2020 (before applying depreciation deductions); and
  • different eligibility criteria and thresholds apply to assets first used or installed ready for use before 12 March 2020.

Tax time 2020 is here

Don’t jump the gun and lodge too early

Tax time 2020 is here, but it’s likely to be anything but routine. Many individuals on reduced income or have increased deductions may be eager to lodge their income tax returns early to get their hands on a refund. However, the ATO has issued a warning against lodging too early, before all your income information becomes available. It’s important to remember that employers have until the end of July to electronically finalise your income statement, and the same timeframe applies for other information from banks, health funds and government agencies. For most people, income statements have replaced payment summaries. So, instead of receiving a payment summary from each employer, your income statements will be finalised electronically and the information provided directly to the ATO. Your income statements can be accessed through myGov and the information is automatically included in your tax return if you use myTax. Tip: Tax agents can also access this information, and we’re here to help you get your return right this year. Although you may be eager to lodge as soon as possible, the ATO has warned against lodging too early, as much of the information on your income may not be confirmed until later. It’s generally important to wait until income statements are finalised before lodging a tax return to avoid either delays in processing or a tax bill later on. Your income statement will be marked “tax ready” on myGov when it’s finalised, and other information from banks, health funds and government agencies will be automatically inserted into your tax return when it’s ready towards the end of July. If you still choose to lodge early, the ATO advises carefully reviewing any information that’s pre-filled so you can confirm it’s correct. When lodging early you’ll also have to formally acknowledge that your employer(s) may later finalise income statements with different amounts, meaning you may need to amend your tax return and additional tax may apply.

Tax return tips

With the great disruptors of the Australian bushfires and the global coronavirus (COVID-19) pandemic, and the associated government economic stimulus measures, there are some key tax-related matters for everyone to be aware of this year. The ATO has a range of approaches to support taxpayers through tax time 2020, especially where new circumstances mean you might be receiving a different type of income or be able to claim new deductions. The ATO’s Tax Time Essentials page (www.ato.gov.au/taxessentials) provides a one-stop-shop for the things that are a little different this year and how they impact tax returns. People accessing super early as a part of the COVID-19 early release scheme can rest assured that this money will not form a part of their assessable income. To date, 1.98 million people have withdrawn an average of $7,475 from their super under the scheme. Another key difference this year is the introduction of the optional simplified method for claiming work from home expense deductions. This method allows you to claim 80 cents for each hour you worked from home from 1 March 2020 to 30 June 2020, to cover all deductible expenses. However, if you were working from home before 1 March 2020 or have documented actual expenses that work out to be more than 80 cents per hour you can still use the usual method to claim expenses related to working from home. If you were unable to work from home and had to take leave or were temporarily stood down, if your employer made any kind of payment, either regular or one-off, those amounts will need to be declared as wages and salary on your return and tax will apply at your usual marginal rates. This applies regardless of whether the payments are funded by the government JobKeeper scheme. If you’ve been made redundant or had your employment terminated, any payment you receive may consist of a tax-free portion and a concessionally taxed portion, which means that you could potentially pay less tax.

ATO’s employees guide for work expenses updated

ATO’s employees guide for work expenses updated

The ATO has updated its employees guide for work expenses for 2019–2020. The document is designed to assist employees to determine whether incurred expenses are tax deductible, and outlines the substantiation requirements.

The following are highlighted as being new for 2019–2020:

  • The additional method for calculating running expenses incurred as a result of working from home (the “shortcut method” allowing an 80 cents per hour deduction) was introduced to help employees working from home during the COVID-19 pandemic. This method was initially only available to use from 1 March 2020 to 30 June 2020, but has now been extended to 30 September 2020.
  • Taxation Ruling TR 2020/1 Income tax: employees: deductions for work expenses under s 8-1 of ITAA has been released. This ruling provides guidance on when an employee can claim a deduction for a work expense.

The employees guide highlights “common myths” about expenses – for example, the myths that everyone can automatically claim $150 for clothing and laundry, 5,000 km of travel under the cents per kilometre method for car expenses, or $300 for work-related expenses, even if they didn’t spend the money, or that employees can claim gym membership if they need to be fit for work.

ATO Tackling International Tax Evasion

Australian tax residents are taxed in Australia on their worldwide income. While most do the right thing and declare all their income, some try to avoid paying tax by exploiting secrecy provisions and the lack of information-sharing between countries. As the world becomes more interconnected and barriers are broken down, it is inevitable that there are fewer places for the unscrupulous to hide from tax.

With the rise of the global economy and easy flow of money across borders, no country is immune to international tax evasion and money laundering. A recent coordinated effort with Joint Chiefs of Global Tax Enforcement (J5) shows that member countries, including Australia, are doing all they can to protect their tax revenue. This most recent investigation yielded evidence of tax evasion by Australians using an international institution located in Central America.

Tax chiefs from the J5 countries met in Sydney on 17–21 February 2020 to share information about common mechanisms, enablers and structures that are being exploited to commit transnational tax crime. The J5 was initially formed in 2018 to fight global tax evasion and consists of the tax and revenue agencies of Australia, United Kingdom, United States, Canada and the Netherlands. The countries share intelligence on international tax crime as well as money laundering.

The current international investigation started on information obtained by the Netherlands, which led to a series of investigations in multiple countries and concerned an international financial institution located in Central America whose products and services are believed to be facilitating money laundering and tax evasion for customers across the globe.

J5 members believe that through this institution, a number of clients may be using a sophisticated system to conceal and transfer wealth anonymously to evade their tax obligations and launder the proceeds of crime. The enforcement action consisted of evidence, intelligence and information-collecting activities such as search warrants, interviews and subpoenas.

According to the ATO, several hundred Australians are suspected of participating in these arrangements. The ATO is currently proceeding with multiple investigations with support from the Australian Criminal Intelligence Commission (ACIC). In addition, it is encouraging anyone with information about the scheme or other similar arrangements to contact the ATO.

ATO Deputy Commissioner and Australia’s J5 Chief, Will Day, has said, “this multi-agency, multi-country activity should degrade the confidence of anyone who was considering an offshore location as a way to evade tax or launder the proceeds of crime”.

While the J5 is a powerful tool, it is by no means the only one in the ATO’s arsenal. The ATO also has a network of international tax treaties and information exchange agreements with over 100 jurisdictions, and uses them to identify facilitators such as banks, lawyers and financial advisers. Once a pattern has been identified, such as a practitioner with a large number of clients using the same methods to avoid or evade tax, the ATO is likely to look closely at the entire client base.

In recent years over 2,500 exchanges of information have occurred, enabling the ATO to raise additional tax liabilities of $1 billion. The message from the ATO is that anyone with offshore income or assets is better off declaring their interests voluntarily. Those who do so may have administrative penalties and interest charges reduced.

It’s important to keep in mind that holding offshore assets is not just for the wealthy. Australians with migrant backgrounds may not even know they hold offshore assets in some cases, but those assets are still subject to tax law. For example, grandparents or other relatives may start a bank account in an Australian’s name in another country to make contributions celebrating a holiday, birthday or other life event.

Click here to read more on the ATO website.

Economos recognized as Top AFR Accounting Firm

Economos  Business  Accountants  Listed  in  AFR’s  Top  100  Accounting   Firms of 2019

Economos has once again graced the Australian Financial Review’s list for the top 100!
This is great news for our team here at Economos and also for you–our valued clients.
After all, our place on the list serves as a testament to our commitment to you and to
making sure the accounting services you enjoy are among the best in the business. The list
itself also helps us to draw some very interesting conclusions about the state of the
accounting field today, as we move into a new year and a new decade.

What Makes Economos Stand Out from the Crowd?

 

 

So, what criteria do the Australian Financial Review use when judging which accounting
firms to place on their list? To begin with, all listed firms provide a high quality of service to
their clients, going above and beyond to meet their needs as they evolve and develop.
However, the AFR has stated that only the most innovative and forward-thinking of firms
have been awarded with a place on the list. The AFR has also said that they are keen on
rewarding the efforts of accounting firms that have expanded beyond the traditional
boundaries of auditing and taxation work. These firms are providing higher-margin
consulting work and are striving to optimise the position of clients across a number of
fields.

 

 

 

A New and Evolving Set of Services from the Best Accounting Teams

 

There is a serious market for this kind of higher-margin consulting, andthe growth in
revenue experienced by the top 100 accounting firms demonstrates this.The top 100
accountancy firms grew their revenue by 9 per cent in 2019, reaching a cumulative total of
$12 billion.
This growth reflects the Economos team’s own experience. We have been working togrow
and to diversify what we offer to our clients, including expanding the following services.

 

 

CFO Advisory

We have noticed an increasing number of business clients searching out advice and
support that could be offered by a CFO, so we have developed services designed to meet
this need. Our services cover the establishment of key operation and financial KPIs, risk
management, crafting effective budgets, and more.
To learn more about Economos CFO Advisory please click here”.

 

 

International Compliance Advisory

 

Many of our clients find themselves expanding their operations overseas, which is great for
their business and for their future prospects but brings with it further complications.
International regulations can be difficult to follow, and staying on top of them–as well as
being fully compliant–is critical if business owners are to thrive in these new and exciting
markets.
 “To learn more about Economos International Compliance Advisory please click here”.

Tax Advisory

Our tax advisory services offer expert help at a fraction of the cost of hiring an in-house
team.
At Economos, we are proud of these and of all the services we provide, and we are very
happy to have been included on the AFR’s prestigious list for another year.
To learn more about Economos Tax Advisory please click here”.

Understanding Foreign Resident Capital Gains Withholding (FRCGW) Payment

This Article   This article is written for sellers (vendors) of Australian real estate (house, unit, factory, farm), who are non-residents of Australia.   Legislation:   The foreign resident capital gains withholding (FRCGW) payments regime is enshrined in the Taxation Administration Act 1953 (TAA 1953).The FRCGW payments regime first came into effect on 1 July 2016.   In this regard, Subdivision 14-D of Schedule 1 to the TAA 1953 imposes a non-final withholding obligation on the purchaser of certain Australian real estate where the property is acquired from a foreign resident.   The relevant schedules of the TAA1953 were updated in Treasury Laws Amendment (Foreign Resident Capital Gains Withholding Payments) Act 2017. Thisupdate received royal assent on 22 June 2017.   The 2017 update:

  • Increased the withholding rate from 10% to 12.5%
  • Decreased the sale Value threshold from AU$2m to AU$750,000

  For property transactions on or after 1 July 2017 the new rates apply.   Purpose of the Rules   These rules require Purchasers of Australian property valued in excess of $AU750,000 to withhold 12.5% of the purchase if the seller (vendor) is a non-resident.   Point to note: In Australian legislation the term “non-resident” is used to describe persons not ordinarily resident in Australia. Rarely is the term “Foreign resident” used. When you read this ‘Foreign resident’ means ‘non-resident’ for Australian tax purposes.   Furthermore “seller” means “vendor” and vice versa   Background   Where an Australian property is sold for AU$750,000 or more, the FRCGW rules may apply.   The starting point when selling an Australian property is to ask whether you as a seller are

  • An Australian tax resident, or
  • a non-resident (aka “Foreign Resident”).

 

  • If you are an Australian tax residentand sell an Australian property for AU$750,000 or more, you will need to apply for, and receive a Capital Gains Withholding Clearance Certificate.

  For it to be effective in avoiding the withholdingof sale proceeds, the seller must provide it to the purchaser. This must occur before settlement  

  • If you are a non-resident seller of Australian property, you will not receive this certificate, and the purchaser (with help from aconveyancer) will be required to withhold 12.5% of the sale price. The purchaser will then provide that withheld amountdirectly to the ATO at the time of settlement.

 

  • If you are a purchaser, you will use the Foreign resident capital gains withholding purchaser payment notification

  Tax for the seller of the property?   The FRCGW is not a FINAL tax. It is simply an “estimate”.   What this means is that an Australian Tax Return is still required for filingin the financial year when the property is sold.   The final tax (as worked out on the tax return) and the estimate (FRCGW) is then reconciled, and the seller of the Australian property:  

  • Receives a refund for any overpaidFRCGW; or
  • Is given a bill (Notice of Assessment) for ‘catch up’ tax

  CASE STUDY   Consider the following Case Study:   Michelle was originally a resident of Australia. She purchased anapartment in Sydney in 2003 for $515,000. She never lived in it, she just rented it out (it was an “investment property”) In 2010 Michelle moved to the UK to accept a job opportunity and became a non-resident of Australia. Michelle made a life in the UK and decided never to return to Australia. She continued to collect rental income from the unit. (In May 2012 the non-resident CGT Concession rules changed denying Michelle the 50% CGT discount from this point onwards) In May 2012 because of a change in law, her tax agent suggested Michelle get the property appraised. It was valued at AU$850,000

(IN July 2016 the FRCGW Rules were introduced and updated from 1 July 2017)

In August 2019 Michelle sold the property for $1,050,000. The purchaser withheld $131,250 from the proceeds under the FRCGW regime because

  1. Michelle couldn’t provide a certificate proving she was an Australian resident; and
  2. The property was valued in excess of AU$750,000

Upon settlement Michelle only received $919,750 ($1,050,000 less the FRCGW of $131,250) Working out the FINAL TAX   Accordingly, and taking all of the above into consideration, Michelle with the help of her tax agent:  

  1. Calculated a Gross Gain on sale of $496,858 (after purchase and selling costs like advertising, agent commission and stamping duties were deducted) but;
  2. Calculated a Taxable Capital Gain of $348,292.50 (after taking into consideration the discounts applicable before the non-resident laws changed in May 2012).

  Michelle’s FINAL tax worked out to be $138,281.63.   As $131,250 was already withheld under FRCGW, there is an estimated balance $7,031.63 of tax to pay, which is required to be paid via the filing of an Australian tax return.   We note Michelleis required to lodge an Income Tax Return, and we are able to file this on her behalf.   Do I lodge?   Overpayment   Q: Lets say the FRCGW resulted in an overpayment of the calculated final tax?   A: Of course – Michelle should engage a tax agent to lodge a tax return as soon as possible – and seek a refund of the overpayment.   Underpayment   Q: We often get asked whether as a non-resident Michelle would bother to lodge if she is now in the UK, unlikely to return to Australia and has $7k to “catch up”. Who’s going to chase her?   A: By law – Michelle must lodge an income tax return. As a non-resident with an Australian sourced property she is required to lodge and pay the “catch up”.   If Michelle ever returned to Australia to live and work the obligation to lodge and pay remains.   And of course the longer she leaves it the worse (penalties and interest) it will be.     If you are a non-resident (or former resident) of Australia and have Australian real estate with a view to sell, please contact us to understand your obligations after the FRCGW regime applies.