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ASB Consulting & Tax blog

Practical Advice And Updates Tailored For Business Owners And Operators.

 

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Objective evidence to support your tax position

Objective evidence to support your tax position

The problem when the evidence doesn’t match what the taxpayer tells the ATO   A recent case before the Administrative Appeals Tribunal (AAT) highlights the importance of ensuring that the evidence supports the tax position you are taking.   The case involves heritage farmland originally purchased for $1.6m that sold 7 years later for $4.25m and the GST debt that the ATO is now pursuing on the sale.   In 2013, the taxpayer purchased Sutton

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SMSF invest in property development

Can my SMSF invest in property development?

Can my SMSF invest in property development?   Australians love property and the lure of a 15% preferential tax rate on income during the accumulation phase, and potentially no tax during retirement, is a strong incentive for many SMSF trustees to dream of large returns from property development. We look at the pros, cons, and problems that often occur.   An SMSF can invest in property development if trustees ensure the investment complies with the

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Stage 3 Personal Income Tax Cuts

The Redesigned Stage 3 Personal Income Tax Cuts

The Redesigned Stage 3 Personal Income Tax Cuts   The personal income tax cuts legislated to commence on 1 July 2024 will be realigned and redistributed under a proposal released by the Federal Government.   After much speculation, the Government has announced that they will amend the legislated Stage 3 tax cuts scheduled to commence on 1 July 2024. This will mean that more Australian taxpayers will receive a personal income tax cut and take

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Financial Strategies for 2024

Navigating Financial Strategies for 2024

Navigating Financial Strategies for 2024   As 2024 unfolds, businesses of all sizes are facing a landscape shaped by the challenges of the previous year.    The economic outlook, while optimistic, still presents a degree of uncertainty.    In this context, refining financial strategies becomes not just beneficial, but essential for the stability and growth of your business.    This guide focuses on establishing effective financial strategies for 2024, ensuring your business is well-equipped to

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The key influences of 2024. ASB Consulting & Tax article.

The key influences of 2024

The key influences of 2024   Uncertainty has reigned over the last few years, but can we expect more consistency as we head into 2024? We explore some of the key issues and influences.   Inflation and labour supply   RBA Governor Michelle Bullock stated, “Inflation is past its peak and heading in the right direction, but it is likely to return to target a bit more slowly than we previously thought.” While there have

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The taxpayer who claimed a loss on their home: ASB Consulting and Tax article

The taxpayer who claimed a loss on their home

The controversial case of the taxpayer who claimed a loss on their home   A decision by the Administrative Appeals Tribunal has the tax world in a flurry after the Tribunal found in favour of a taxpayer who sold the apartment she lived in for a loss, then claimed the $265,935 loss in her tax return as a deduction.   In this case, the taxpayer successfully argued that the purchase and sale of the apartment

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The Christmas tax dilemma: ASB Consulting & Tax article

The Christmas tax dilemma

The Christmas tax dilemma:   Bah humbug. Don’t want to pay tax on Christmas? Here are our top tips to avoid giving the Australian Tax Office a bonus this festive season.    1. Keep team gifts spontaneous   $300 is the minor benefit threshold for FBT so anything at or above this level will mean that your Christmas generosity will result in a gift to the ATO at a rate of 47%. To qualify as a

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Redrawing investment loans

Warning: Redrawing investment loans

Warning: Redrawing investment loans   The ATO estimates that incorrect reporting of rental property income and expenses is costing around $1 billion each year in forgone tax revenue. A big part of the problem is how taxpayers are claiming interest on their investment property loans.   We’ve seen an uptick in ATO activity focussing on refinanced or redrawn loans. This activity is a result of a major data matching program of residential property loan data

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When is food GST free

When is food GST-free?  

When is food GST-free? Chobani plain yoghurt is GST-free but Chobani’s ‘flip’ range is taxable? A recent case before the AAT demonstrates how fine the dividing line is between GST-free and taxable foods.   Back in 2000 when the Goods & Services Tax (GST) was first introduced, basic food was excluded to secure the support of the Democrats for the new tax regime. Twenty three years later, the result of this exclusion is an unwieldy

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Trust Distributions

When trust distributions to a company are left unpaid

When trust distributions to a company are left unpaid What happens when a trust appoints income to a private company beneficiary but does not actually make the payment?   The tax treatment of this unpaid amount was at the centre of a recent case before the Administrative Appeals Tribunal (AAT) that saw a taxpayer successfully challenge the ATO’s long held position (Bendel and Commissioner of Taxation [2023] AATA 3074).   For many years, the ATO’s

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