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 IVA is an area of the income tax law that enables the
Tax Commissioner to attack schemes or arrangements undertaken to obtain a tax benefit, enabling him to cancel any benefit derived by the
scheme.
That is, you could have a legally viable structure in place but if the only purpose of that structure is to reduce tax, then the
Commissioner can use Part IVA to remove the tax benefit. And, if Part IVA applies, you may end up with an additional tax liability as
well as an administrative penalty of either 25% or 50% of the tax shortfall amount.
Broadly, the cases involved a solicitor who controlled a number of practice trusts that derived profits through marketing and facilitating
tax planning arrangements.
While the arrangement in each case was complex and involved a large number of steps, the practice trusts ensured their business profits
weren’t subject to tax by essentially making trust distributions on paper through a series of trusts and ultimately to either a company that
had existing tax losses, or a tax-exempt entity.
However, the real funds relating to the trust distribution (less a commission paid for the use of these entities) were ultimately
received by the solicitor or their associated entities in the form of a loan.
Professional practices have been in the ATO spotlight for many years now for the way they distribute profits. Back in 2021, the ATO
finalised its guidance on the allocation of professional firm profits, putting in place a series of risk ratings and gateway tests.
These two cases however demonstrate the ATO’s willingness to pursue the issue in the courts using the Commissioner’s powers in Part IVA.
For professional services firms, it’s important to be aware that there are several ways in which the ATO can potentially challenge
arrangements involving the distribution of profits from a professional practice. For example:
Smart Business Solutions Group is happy to provide a closer look at your current data to help you find more savings. We provide tailored services that allows you to get better results.
For the majority of small to medium sized business owners, the value of your business is your biggest asset, and very likely, your retirement fund.
It doesn’t matter how much you have. It’s what you do with it that counts.
Everyone knows you don't pay tax on the sale of your family home, right..? We take a closer look at the main residence exemption that excludes your home from capital gains tax and the triggers that reduce or exclude that exemption.
There has been some confusion on what the minimum wage increase and superannuation increase means to small business employers.
Many investors become concerned when volatility occurs in global financial markets – particularly about the impact on their superannuation and other investments. In times like these, it is important to understand the causes of market movements and how to minimise your risk.
A testamentary trust is commonly used by estate planning lawyers to protect the assets and inheritance of the testator’s benefciaries from creditors, family law actions and providing flexibility in relation to the distribution of the estate.
There are limits on how much you can pay into your super fund each financial year without having to pay extra tax. These limits are called ‘contribution caps’.
Building Family Wealth takes time. But how easily can it be torn down in expensive litigation, legal challenges and regulatory and economic threat?
Prices on everyday essentials like food, petrol and medicine have increased significantly, impacting us all. Managing these price hikes is even more difficult when you’re living on a fixed income. We unpack how we got here and set out some things you can do to increase your buying power.
Industrial property has been one of the best performers over the past two years and its record run should continue, according to a leading expert.
On the back of a strong Australian economy and solid property market, office investment is set to surge according to new analysis from Knight Frank.
When people buy a car these days, many will use some form of finance. While using finance to purchase a car can help you get the vehicle you want now, it’s important to make sure you’re properly comparing loan options and not just taking what a dealership has to offer.
With interest rates tipped to rise as the RBA begins to return the cash rate to a more normal level, homeowners are wondering what the best way to handle this new environment might be.
As we head towards June 30, it's important to know what last minute tax deductions and changes are imminent. Bianca gives us a concise 5 minute summary on the new superannuation rules effective from 1 July 2022.
Your superannuation is often an under-utilised vehicle to the retirement and lifestyle that you have envisioned.
Not just for young entrepreneurs, this webinar is designed for anyone who is within their first 2 years of a new business to ensure you've got the most important operational, legal and financial structures in place.
In the 2019–20 Budget, the government announced that Single Touch Payroll (STP) would be expanded to include additional information.
Inflationary forces continued to intensify in key regions, which suggested inter- est rates could be raised more quickly and more aggressively than previously anticipated. The likelihood of rising borrowing costs also appeared to spook equity markets, which performed poorly over the month.
Throughout March, the ATO sent letters to directors who are potentially in breach of their obligations to ensure that the company they represent has met its PAYG withholding, superannuation guarantee charge, or GST obligations.
It’s a great headline isn’t it? Spend $100 and get a $120 tax deduction. Days after the Federal Budget announcement that businesses will be able to claim a 120% deduction for expenditure on training and technology costs, we started receiving marketing emails encouraging us to spend now to access the deduction.
A series of reforms and changes will commence on 1 July 2022. Here’s what is coming up:
The Government temporarily halved the excise and excise equivalent customs duty rates for petrol, diesel and all other petroleum-based products (except aviation fuels) for 6 months from 30 March 2022 until 28 September 2022.
The ATO have issued a press release indicating their current approach on debt collection. They want taxpayers to engage with them, ie respond to calls, set up a payment plan or expect firm action.
Separating from your partner can be difficult and it can also be hard on your finances. Your post-divorce financial situation may
force changes regarding your total wealth and total liquidity.
As we approach the end of the financial year, there are a number of smart strategies you could consider to help streamline your finances and legitimately reduce your tax liability.
It can be lonely at the top of the food-chain when you're running your own business. As the owner manager, the buck stops with you and that can result in pressures from all aspects of the business.
DONATE TODAY
You can help make a difference for people in Ukraine. All donations made through SMART Business Solutions will be dollar matched through our
alliance with Count Charitable Foundation.
Taking time to ask yourself the big questions can be daunting and empowering at the same time. Understanding and prioritising your goals and needs is a valuable step.
The war in Ukraine overshadowed financial markets throughout the month, but hopes of a breakthrough in peace talks lifted sentiment towards risk assets. Solid gains among US-listed stocks helped the MSCI World Index rise more than 3%.
ATO getting about as serious as they can get with their non-public debt recovery measures.
Our new system enables us to download all ATO mail on behalf of our clients and distribute it in the most efficient manner possible.
This is a safe, ballot box friendly Budget as expected with a focus on jobs, cost of living, home ownership, and health.
I was looking for a business advisor to help me better understand my business and the story that the numbers are telling me. I thought
I knew my business and its strengths and weaknesses. Having the skilled team at SMART involved in my business and working
on regular financial reporting has helped me see a clearer picture of how my business is doing.
We were looking for a new accountant that would act more like partners in the business. We wanted a team that would guide us towards growth. We interviewed three different firms and were absolutely blown away by the team at SMART and what they could do for us. Five years on and we continue to be blown away.
A new report reveals rezoning the Mornington Peninsula as regional would not only unlock more funding but would fix social and economic inequalities.
10 March 2022 @ Mercetta, Mornington
Join our International Women's Day 2022 Fundraising Event. Enjoy a local wine and deliciously generous finger food, place your bids on the
silent auction packages including vouchers and products from some of Mornington Peninsula’s most coveted.
Two landmark cases before the High Court highlight the problem of identifying whether a worker is an independent contractor or employee for tax and superannuation purposes.
The ATO released a package of new guidance material that directly targets how trusts distribute income. Many family groups will pay higher taxes as a result.
Recently we’ve seen some wild volatility in share markets across the world due to the pandemic and military conflict. We examine what’s going on, the drivers be- hind the price swings and how long they could last. Importantly, we consider what volatility could mean for your retirement savings.
With many of our business community made up of building companies, building suppliers and trades people, this is an issue bigger than ProBuild itself. The ripple effect of the demise of such a building giant will leave many of us asking the question ‘how secure is my business and my livelihood?’
ONLINE Webinar Session
3 March // 7:30pm
Unlike other purchases, it’s not possible to return a car if you get home and decide you don’t like it.
With interest rates at record low levels, many homeowners are considering the possibility of fixing their interest rate on the home loan.
Lenders Mortgage Insurance can be a great tool to help homebuyers get into a property that they otherwise might not be able to afford. However, it comes with a cost.
When buying a home, to live in or as an investment, most people will have the goal of eventually paying it off.
After a strong 12 months, industrial property is set to see further upside according to a leading valuer.
If you’re setting the goal of purchasing a home in the coming year, it might be time to start getting your financials in order ahead of time.
The ATO has released Draft Practical Compliance Guideline PCG 2026/D2, and it’s very clear where they’re focusing next, property development structures, particularly where land ownership and development activities are split.
Tax planning is more than just a financial necessity—it's a strategic advantage for businesses of all sizes. By proactively managing your tax strategy, you can significantly reduce your liabilities, enhance cash flow, and ensure full compliance with ever-evolving tax regulations.
