UPDATE: Cents per Km Deduction Rate for Car Expenses from 1 July 2018

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The Commissioner of Taxation has determined that the rate at which work-related car expense deductions may be calculated using the cents per kilometre method is 68 cents per kilometre for the income year commencing 1 July 2018 (up from 66 cents per kilometre).

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Mawer Consulting is a consulting firm located in Perth, Western Australia that provides a range of successful businesses with strategic business advice, accounting and taxation services.

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ALERT: Tax and transacting with cryptocurrency

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Editor: With interest in cryptocurrencies (such as Bitcoin) increasing, the ATO has issued guidance regarding various tax consequences of transactions involving cryptocurrencies.

Any capital gains made on the disposal of a cryptocurrency (including using the cryptocurrency or converting it to Australian dollars) may be taxed, although certain capital gains or losses from disposing of a cryptocurrency that is a 'personal use asset' are disregarded.

Cryptocurrency may be a personal use asset if it is kept or used mainly to purchase items for personal use or consumption (but the longer the period of time that a cryptocurrency is held, the less likely it is that it will be a personal use asset).

Note: If the cryptocurrency is held as an investment, the taxpayer will not be entitled to the personal use asset exemption but, if they hold the cryptocurrency as an investment for 12 months or more, they may be entitled to the CGT discount.

If the disposal is part of a business the taxpayer carries on, the profits made on disposal will be assessable as ordinary income and not as a capital gain.

Editor: The ATO has also provided guidance regarding the tax consequences of the loss or theft of cryptocurrency, as well as of 'chain splits'.

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Certificate awarded from Australian Taxation Office for Lodgement Program 2017-18

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We are pleased to announce that Mawer Consulting met the ‘85% or more’ on-time lodgment performance requirement for Lodgment program 2017–18.

As a tax practitioner, the role we play is vital in supporting and influencing our clients to recognise and value the tax and superannuation system that underpins Australia’s economic and social wellbeing.

Achieving the 85% on-time lodgment performance requirement indicates we are assisting your clients in meeting their tax reporting obligations in a timely manner.

Thank you to all our clients for making this possible.

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Mawer Consulting is a consulting firm located in Perth, Western Australia that provides a range of successful businesses with strategic business advice, accounting and taxation services.

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NEW SEMINAR : Small Business Health Check

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Mawer Consulting and Small Business Development Corporation have teamed up to help small business owners of Perth to achieve what they desire. Best of all, all of the sessions are complimentary for small business owners.

Our latest seminar is titled 'Small Business Health Check'

Most businesses get into a rhythm doing the same thing day in, day out.

This interactive session allows business owners to take a step back from working in the business to spend some time working on the business on reviewing and improving a range of areas.

This session includes a complimentary one hour follow up telephone call to assist in the implementation of the learnings in the session.

Find a list of all available seminar dates on our Eventbrite page below:

https://www.eventbrite.com.au/o/mawer-consulting-17425341484

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Mawer Consulting is a consulting firm located in Perth, Western Australia that provides a range of successful businesses with strategic business advice, accounting and taxation services.

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admin@mawcons.com.au

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NEW SEMINAR : Hatching your new business idea

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Mawer Consulting and Small Business Development Corporation have teamed up to help small business owners of Perth to achieve what they desire. Best of all, all of the sessions are complimentary for small business owners.

Our latest seminar is titled 'Hatching your new business idea'

This workshop will cover a range of relevant topics for potential start-ups and new business owners including the following:

Converting your business idea into a well-defined business concept.

Defining your target market and explaining market differentiation concepts.

Pricing methods and budgeting techniques

Breakeven analysis and business viability concepts

Business cash flow concepts and planning strategies

Business analysis techniques to assist in evaluating your business or business idea

Bookkeeping basics and how quality record keeping will help you make informed decisions

Business growth strategies to help grow your business

Find a list of all available seminar dates on our Eventbrite page below:

https://www.eventbrite.com.au/o/mawer-consulting-17425341484

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Mawer Consulting is a consulting firm located in Perth, Western Australia that provides a range of successful businesses with strategic business advice, accounting and taxation services.

www.mawcons.com.au

admin@mawcons.com.au

(08) 9364 4204

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NEW SEMINAR DATES: Small Business Cash Flow Essentials

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Mawer Consulting and Small Business Development Corporation have teamed up to help small business owners of Perth to achieve what they desire. Best of all, all of the sessions are complimentary for small business owners.

We now have three dates and locations available for our Small Business Cash Flow Essentials seminar.

They say cash is king, and if you run a business you will understand this saying.

This interactive session discusses why cash flow is vital to proactively manage, how cash flow planning works in a practical sense, different methods/softwares available to manage cash flow, discuss three way models and a range of other vital issues.

This session includes a complimentary one hour follow up meeting or telephone call to assist in the implementation of the learnings in the session.

Find a list of all available seminar dates on our Eventbrite page below:

https://www.eventbrite.com.au/o/mawer-consulting-17425341484

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admin@mawcons.com.au

(08) 9364 4204

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NEWS: ATO scrutinising car claims this tax time

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The ATO has announced that it will be closely examining claims for work-related car expenses this tax time as part of a broader focus on work related expenses.

Assistant Commissioner Kath Anderson said: 

“We are particularly concerned about taxpayers claiming for things they are not entitled to, like private trips, trips they didn’t make, and car expenses that their employer paid for or reimbursed.”

This is no doubt because over 3.75 million people made a work-related car expense claim in 2016/17 (totalling around $8.8 billion), and, each year, around 870,000 people claim the maximum amount under the cents-per-kilometre method.

Ms Anderson said that the ATO’s ability to identify claims that are unusual has improved due to enhancements in technology and data analytics: “Our models are especially useful in identifying people claiming things like home to work travel or trips not required as part of your job . . . simply travelling from home to work is not enough to qualify, no matter how far you live from your workplace.”

Ms Anderson said there are three golden rules for taxpayers to remember to get it right.

“One – you have to have spent the money yourself and can’t have been reimbursed, two – the claim must be directly related to earning your income, and three – you need a record to prove it.”

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admin@mawcons.com.au

(08) 9364 4204

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NEWS: Superannuation guarantee amnesty introduced

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The Government has introduced legislation to complement the superannuation guarantee ('SG') integrity package already before Parliament by introducing a one‑off, twelve month amnesty for historical underpayment of SG.

The Bill incentivises employers to come forward and "do the right thing by their employees" by paying any unpaid superannuation in full, as well as the high rate of nominal interest (but without the penalties for late payment that are normally paid to the Government by such employers).

Employers that do not take advantage of the amnesty will face higher penalties when they are subsequently caught – in general, a minimum 50% on top of the SG Charge they owe. 

In addition, throughout the amnesty period the ATO will still continue its usual enforcement activity against employers for those historical obligations they don't own up to voluntarily.

The amnesty will run for twelve months from 24 May 2018.

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admin@mawcons.com.au

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NEWS: 2018 Budget Update

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The Government handed down the 2018/19 Federal Budget on Tuesday 8th May 2018.  Some of the important proposals include:

-    The introduction of the 'Low and Middle Income Tax Offset', a temporary non-refundable tax offset of up to $530 p.a. to Australian resident low and middle income taxpayers for the 2019 to 2022 income years.  This offset will apply in addition to the Low Income Tax Offset. 

-    Providing tax relief for individual taxpayers by progressively increasing some of the tax brackets (including an increase in the top threshold of the 32.5% personal income tax bracket from $87,000 to $90,000 from 1 July 2018), and eventually removing the 37% tax bracket entirely.

-    The $20,000 immediate write-off for small business will be extended by a further 12 months to 30 June 2019 (i.e., for businesses with aggregated annual turnover less than $10 million).

-    From 1 July 2019:

–      Increasing the maximum number of allowable members in an SMSF from four to six members;

–      Ensuring that unpaid present entitlements (or ‘UPEs’) come within the scope of Division 7A; and

–      Denying deductions for expenses associated with holding vacant residential or commercial land.

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admin@mawcons.com.au

(08) 9364 4204

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MUST READ FOR OVER 65's: No need to actually 'downsize' for ‘downsizer contributions’

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From 1 July 2018, individuals aged 65 or over may use the proceeds from the sale of an eligible dwelling that was their main residence to make superannuation contributions (referred to as ‘downsizer contributions’), up to a maximum of $300,000 per person (i.e., up to $600,000 per couple), without having to satisfy the age or gainful employment tests that usually apply.  

This measure was announced in the 2017/18 Federal Budget, and aims to provide an incentive for older Australians to ‘downsize’ their home.  

This, in turn, is expected to reduce pressure on housing affordability by freeing up stocks of larger homes for growing families.  

Importantly, it should be noted that there is no requirement for an individual to actually ‘downsize’ by acquiring a smaller property, or to even acquire another property at all.  

In this regard, all that is required is that the individual (or their spouse) ‘downsizes’ by selling their 'main residence'. 

The individual can then move into any living situation that suits them, such as aged care, a retirement village, a bigger or smaller dwelling than the one sold, a rental property, or living with family.

Also, the property sold does not need to have been the individual’s (or their spouse’s) main residence during their entire ownership of it, provided the property was owned for at least 10 years and was their main residence at some time during the ownership period.  Therefore, the sale of an investment property that at one stage was their main residence may enable an individual (or their spouse) to make downsizer contributions. 

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NEWS: Employee denied deductions for work-related expenses

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An employee photographer has been denied deductions for travel expenses (when travelling with his family), and other purported work related expenses.

The AAT held that the travel expenses were primarily incurred for the purposes of a family trip or holiday and were therefore non-deductible, as they were private and domestic in nature.

Also, in relation to the taxpayer's reliance on bank statements in the absence of invoices and receipts, the AAT observed that “evidence of the mere transfer of funds, be it by way of bank transfer or by any other means, is not sufficiently informative of the actual character of an expense", so the other disputed expenses could not be claimed as allowable deductions.

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admin@mawcons.com.au

(08) 9364 4204

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ALERT: Get ready for Single Touch Payroll

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Single Touch Payroll (or 'STP') is mandatory for 'substantial employers' (being those with 20 or more employees) from 1 July 2018.

All employers are required to count the number of employees on their payroll on 1 April 2018 to find out if they are a substantial employer (note that this can be done after 1 April, but they need to count the employees who were on their payroll on 1 April). 

They must count each employee (not the full time equivalent), including full-time, part-time and casual employees, as well as those employees based overseas or absent or on leave (paid or unpaid).

Employers that are part of a company group must include the total number of employees employed by all member companies of the wholly-owned group.

However, employers don't have to include the following in the headcount:

-    any employees who ceased work before 1 April;

-    casual employees who did not work in March;

-    independent contractors;

-    staff provided by a third-party labour hire organisation;

-    company directors or office holders; or

-    religious practitioners.

Note that, although directors, office holders and religious practitioners are not included in the headcount, if the employer starts reporting through STP, the payment information of these individuals will need to be reported (because the payments are subject to withholding and are currently reported in the Individual non-business payment summary).

Employers don't need to send the ATO the headcount information, but they may want to keep a copy for their own records.

Once an employer becomes a substantial employer, they will need to continue reporting through STP even if their employee numbers drop to 19 or less (unless they apply for and are granted an exemption).

Editor: Please contact our office if you need any assistance regarding the new STP regime.

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admin@mawcons.com.au

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ALERT: Continued ATO focus on holiday home rentals

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The ATO has recently advised that they are “setting their sights on the large number of mistakes, errors and false claims made by rental property owners who use their own property for personal holidays”

While it confirms that the private use of holiday homes by friends and family is entirely legitimate, the ATO states that such use reduces a taxpayer’s ability to earn income from the property, and therefore impacts on (i.e., reduces) the amount of claimable deductions.

As a result, the ATO has reminded holiday home owners that: 

-    They can only claim deductions for a holiday home with respect to periods it is genuinely available for rent.

-    They cannot place unreasonable conditions on prospective tenants/renters, set rental rates above market value, or fail to advertise a holiday home in a manner that targets people who would be interested in it and still claim that the property was genuinely available for rent. 

-    Where a property is rented to friends or relatives at ‘mates rates’, they can only claim deductions for expenses up to the amount of the income received. 

       -   Property owners whose claims are disproportionate to the income received can expect greater scrutiny from the ATO.

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NEWS: GST withholding measures now law

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Legislation has been passed to “clamp down” on GST evasion in the property development sector.

From 1 July 2018, purchasers of new residential premises and new residential subdivisions will generally be required to withhold the GST on the purchase price at settlement and pay it directly to the ATO. 

Property developers will also need to give written notification to purchasers regarding whether or not they need to withhold. 

The new obligations are primarily aimed at ending the practice of some developers collecting GST on new properties before dissolving their business prior to remitting such tax to the ATO. 

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NEWS: Commissioner’s speech highlights ATO’s focus areas

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Recently, the Commissioner of Taxation highlighted the areas in which the ATO has recently increased its focus, including: 

-    undeclared income;

-    individuals' unexplained wealth or lifestyle;

-    incorrectly claimed private expenses;

-    unpaid superannuation guarantee; and

-    cash-only businesses and those with low usage of merchant banking facilities, with black economy visits to over 2,600 businesses across 8 locations in 2017.

The Commissioner also highlighted ongoing ATO concern with respect to the predicted 'work-related expense claim gap', which (at least by the ATO’s estimates) could amount to being greater than the 'large corporate tax gap' of $2.5 billion of lost revenue. 

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ALERT: Inactive ABNs will be cancelled by the ATO

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The ATO has recently advised that, in an effort to maintain accurate data, the Australian Business Register (or ‘ABR’) periodically checks its records for Australian Business Numbers (‘ABNs’) and automatically cancels those that appear inactive. 

Ultimately, a taxpayer’s ABN may be cancelled if they: 

-   have told the ATO they stopped their business activity;

-   declared no business income in the last two years; or

-   have not lodged a BAS or an income tax return in more than two years. 

To avoid cancellation, the ATO has reminded taxpayers that they need to bring their lodgments up to date, and have reminded sole traders that, regardless of their income, they need to lodge the individual tax return with the supplementary section, as well as the business and professional items schedule. 

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UPDATE: Super guarantee payable on ‘public holidays’ and ‘additional hours’

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The Federal Court has held that superannuation guarantee contributions were payable with respect to the ‘additional hours’ and ‘public holidays’ component of annualised salaries paid by BlueScope Steel, on the basis that these particular components formed part of ordinary time earnings (‘OTE’). 

Under an enterprise agreement, primarily due to the specific working environment, the employees in question were required to be available (at short notice) 365 days per year and 24 hours per day, including a requirement to work additional hours and public holidays. 

As such, the employees were paid an annualised salary, which was made up of a base rate, as well as a component which absorbed all additional payments, such as penalty rates, allowances, public holiday loadings and pay-outs, and payment for additional hours worked outside the normal rostered hours.

However, when paying superannuation, adjustments were made to the annualised salary, so that the additional hours and public holiday components were not included by BlueScope Steel as OTE for superannuation guarantee purposes.

Decision

The Federal Court did not agree with the employer’s adjustments, instead finding that, under the circumstances, the ‘additional hours’ and ‘public holidays’ formed part of an employee’s ‘ordinary hours of work’ and, therefore, were considered OTE for superannuation guarantee purposes.

This remained the case whether or not the employee actually worked the additional hours or the public holidays.

That is, the ordinary conditions of the employee’s work required them to be available outside their rostered shifts and on public holidays (on short notice) and, as this was factored into their annual salary, they were considered ordinary hours for these particular employees.

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AWARD FINALISTS: 2018 Australian Small Business Champion Awards

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We are pleased to announce that Mawer Consulting has been recognised as a finalist in the 2018 Australian Small Business Champion Awards. We are one of two Western Australian Accounting Firms recognised in the 2018 awards.

We would like to thank our fantastic clients who allow us to guide them to achieve all they desire in business.

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Must view for all small business owners: The Cash Flow Killer



Increase Cash Flow

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NEWS: Taxpayer can't explain where she got the money to pay her expenses

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The Administrative Appeals Tribunal has upheld amended assessments issued by the ATO to a beauty technician, based on the high volume of money passing through the taxpayer's various accounts when compared with the modest income she had included in her tax returns.

For example, in the 2015 income year, the taxpayer had declared income of $61,842, but the ATO’s analysis of her bank accounts, records of international money transfers, and casino data suggested she had spent $107,328.

The Tribunal noted that, in cases like this, the ATO is effectively making an "informed guess" as to the taxpayer’s income, but, provided there is a rational basis for the estimate, the ATO’s assessment will stand, unless the taxpayer can:

-    demonstrate the assessment was excessive; and

-    establish what the correct (or more nearly correct) figure is.

After hearing from the taxpayer and witnesses at the hearing, and after reviewing the documents, the Tribunal was not persuaded that the taxpayer had demonstrated that the Commissioner’s assessments were 'excessive'.

In particular, the taxpayer’s explanation regarding her income and expenditure was not supported by the objective facts in the hearing, being:

-    the 'churn' through her bank accounts; 

-    the absence of contemporaneous records beyond the bank accounts (for example, she was always paid in cash without receiving pay slips); and

-    the deficiency in corroborating evidence from other witnesses.

In addition to upholding the amended assessments, the Tribunal was also satisfied that the ATO's 75% administrative penalty on top of the tax payable was properly imposed.

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(08) 9364 4204

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