ASB Consulting & Tax blog

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Non-compete clauses
Government Updates

Non-compete clauses and worker restraints under review

Non-compete clauses and worker restraints under review   A new issues paper from Treasury’s Competition Review questions whether non-competes and other restraints are limiting job opportunities and movement.   A recent Australian Bureau of Statistics (ABS) survey found that 46.9% of businesses surveyed used some kind of restraint clause, including for workers in non-executive roles. The survey also found 20.8% of businesses use non-compete clauses for at least some of their staff and 68.2% for

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How much is my business worth
Business

How much is my business worth?

How much is my business worth?   For many small business owners, their business is their largest asset and for many, one that is expected to help fund their retirement. But what is your business really worth and what sets a high value business apart?   Every business owner is naturally curious about just how much their business is worth.  However, for every business that sells at an attractive price, there are others that struggle

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Professional Services
Government Updates

The assault on professional services

The assault on professional services   The ATO has signalled that it is willing to pursue professional services firms who divert profits to avoid tax.   Two new cases before the Administrative Appeals Tribunal demonstrate how serious the Australian Taxation Office (ATO) is about making sure professional services firms – lawyers, accountants, architects, medical practices, engineers, architects etc., – are appropriately taxed.   In both cases, the ATO pursued the practices using Part IVA. Part

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Government Updates

Budget 2024-25

Budget 2024-25   The 2024-25 Federal Budget is the third for the Albanese Government and consistent with previous years, the primary themes are expected to be the cost of living and the economic shift to net zero.   According to election guru Antony Green, the window for the next election starts on Saturday, 3 August 2024, “the first possible date for an election if writs are issued on 1 July. The election window will stay

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SMSF

Warning on SMSF asset valuations

Warning on SMSF asset valuations   The ATO has issued a warning to trustees of SMSFs about sloppy SMSF asset valuations practices.   ATO data analysis has revealed that over 16,500 self managed superannuation funds (SMSFs) have reported assets as having the same value for three consecutive years. With many of these assets residential or commercial Australian property, you can forgive the ATO for being incredulous.   For trustees of SMSFs, where SMSF asset valuations

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Business loans tax implications
Tax

Business loans tax implications

Getting back what you put in: Loans to get a business started   It’s not uncommon for business owners to pour their money into a business to get it up and running and to sustain it until it can survive on its own. A recent case highlights the dangers of taking money out of a company without carefully considering the business loans tax implications.   A case before the Administrate Appeals Tribunal (AAT) was a

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Super cap increase
Superannuation

How to take advantage of the 1 July super cap increase

How to take advantage of the 1 July super cap increase   From 1 July 2024, the amount you can contribute to super will increase. We show you how to take advantage of the change.   The amount you can contribute to superannuation will increase on 1 July 2024 from $27,500 to $30,000 for concessional super contributions and from $110,000 to $120,000 for non-concessional contributions.   The contribution caps are indexed to wages growth based

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ATO Debt Dilemma
Tax

The ATO Debt Dilemma

The ATO Debt Dilemma   Late last year, thousands of taxpayers and their agents were advised by the Australian Taxation Office (ATO) that they had an outstanding historical tax debt. The only problem was, many had no idea that the tax debt existed.   The ATO can only release a taxpayer from a tax debt in limited situations (e.g., where payment would result in serious hardship). However, sometimes the ATO will decide not to pursue

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FBT Traps
FBT

FBT Traps

FBT traps   The Fringe Benefits Tax year (FBT) ends on 31 March. We explore the problem areas likely to attract the ATO’s attention and become FBT traps.   Electric vehicles causing sparks In late 2022, the Government introduced a concession that enables employers to provide some electric vehicles to employees without incurring the 47% fringe benefits tax (FBT) on private use.   The exemption applies to the use of electric cars, hydrogen fuel cell

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Objective evidence to support your tax position
Business

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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