Christmas giving (tax free!)

The holiday season is a great time to think about giving a little back to those less fortunate than you, and many Australians will make charitable donations. In Australia, charitable donations are tax deductible, which only adds to the incentive to be generous this year.

A recent global survey of charitable giving across the world has shown that countries that award taxpayers benefits for donations report much higher rates of donations per capita.

Here are some tips for maximising your tax breaks on donations tis year:

1. Make sure that the charity that you donate to has tax-exempt status from the ATO
2. Keep your receipts! You may need it if you are audited
3. If you are making a large donation, discuss the tax implications with your accountant, just to be on the safe side
4. Remember that you can only claim gifts as a tax deduction. This means that if you have received anything in return for your donation, for example, a raffle ticket or trinket, you may not be able to claim the deduction.

Maximising your personal tax return

There are a couple of things that you can do before June 30 to maximise your personal tax return:

1. Spend up on deductible expenses: By prepaying your tax-deductible expenses for the year, you can bring the deduction forward into the current financial year.

3. Charitable donations: If you are considering donating money to charity, get it done quickly so that you can claim a deduction in this financial year.

2. Delay receiving income: If you can, try to defer receiving income until after June 30. By doing this, you will be able to minimise your taxable income in this financial year.

4. Fix up investment properties: If you own an investment property, you may wish to bring forward any maintenance. You can claim a lot of work that is done to an investment property as a tax deduction.

5. High income earners should consider health insurance: To avoid the Medicare Levy Surcharge, high-income earners may wish to take out private health cover.

Bring forward your tax deductions

If you are looking to reduce your tax bill this financial year, it is a good idea to try to bring forward as many deductions as possible. By thinking about tax deductions that you are eligible to make, and spending the money in the current financial year, you can reduce your taxable income.

By reducing your taxable income, you will reduce your tax bill. Examples of things you may want to purchase in this financial year include business expenses, education expenses or work-related expenses.

Of course, this may mean that you are missing out on the deductions in the next financial year. However, there is the added advantage that you will have pre-paid many of your necessary expenses.

Government uses administrative powers to raise fuel tax

The government has used its administrative powers to increase the tax that motorists pay on fuel. The controversial budget measure is currently encountering difficulty in the Senate, so the government has adjusted the indexation under the assumption that there will eventually be legislative approval.

As of November 10, the tax on fuel was raised by approximately 0.5 cents per litre (from 38.143 to 38.6 cents).

According to Finance Minister Mathias Cormann, the impact of the increased tax will be minor for most drivers. However, the Labour Party and the Australian Automobile Association have been quick to criticise the increase, claiming it is an unfair tax for Australian motorists.

ATO amnesty offer reveals over 1000 offshore tax evaders

As part of their project DO IT, the ATO have successfully uncovered over $550 worth of assets that Australians hold offshore.

The tax office is offering a period of amnesty that allows them to come forward and reveal offshore assets without the risk of heavy penalties. The ATO will only assess four years of income for those who come forward and this will be subject to a maximum shortfall penalty of 10%. The ATO is also guaranteeing that there will be no prosecutions.

However, for taxpayers who do not reveal their offshore holdings before the mid-December deadline there may be a hefty tax bill. The full amount will be assessed as income, meaning almost half will go to the ATO. On top of that, because the assets were subject to tax evasion, the ATO may apply an additional penalty of 90%, and this can be subject to interest charges.

New approach to taxing employee shares welcomed by startups

A tax reform by the federal government will increase the scope of employers to issues employees with shares and stock options. Prior to 2009, employees receiving shares or stock options were able to defer paying tax, with many only paying CGT once they have disposed of the assets down the line. In order to increase budget revenue, the Labour government changed this arrangement, meaning that when an employee received shares, they incurred an immediate tax liability.

These restrictions meant that many startups often had to start paying employees higher salaries in order to retain talent. However, the benefits of startups being able to issues shares and stock options go beyond freeing up valuable cash flow. When employees have a stake in the future success of a startup commitment, motivation and engagement soar.

The federal government is considering a scheme modelled on a similar British approach, whereby the option to defer tax is limited to smaller companies. The Treasury is currently investigating what size thresholds will boost productivity without creating a problematic shortfall in budget revenue.

Crackdown on cash economy

The ATO is cracking down on businesses that operate off the books in order to avoid paying their fair share of taxes, also known as operating within the black, underground or cash economy. Businesses are known to use a wide range of strategies to skirt their tax responsibilities. This may include underreporting takings and paying staff in cash. Several businesses have also been caught using EFTPOS terminals that are not registered to the main company.

The ATO has appealed for the broader community to report any behaviour that they think is suspicious, for example, businesses that regularly conduct transactions without putting them through the cash register.

Techniques such as data matching and benchmarking businesses against similar operations will also be used by the ATO in their attempt to catch out businesses who are not paying their taxes.

The ATO has identified particular geographic areas, usually hospitality hotspots, and particular industries known to favour cash that will subject to particularly close monitoring.

Crackdown on multinational corporate tax evasion

Treasurer Joe Hockey has announced that he has requested the Tax Commissioner ramp up his efforts to prevent multinational corporations from generating profits in Australia before moving them offshore to avoid tax responsibilities.

Tax evasion tactics by multinational corporations have been an ongoing problem in Australia. There has recently been a renewed interest in the issue as revelations about the negligible Australian tax paid by high profile companies, such as Google and Apple, have come to the fore.

The plan to tackle this issue includes reinforcing Australia’s capitalisation rules, collaborating with other countries and strengthening communication between the government and the Tax Commissioner.

Multinational corporate tax evasion is not just damaging to the Australian budget. It also means that there is unfair competition for Australian businesses who are doing the right thing in meeting their tax obligations.

Using the CGT discount

A capital gain is a profit made from the sale of an asset, for example, real estate investments (the family home is exempt), a business or shares. Your capital gain is calculated as the difference between what you paid for the asset and what you eventually sold it for. A capital gain is considered by the ATO as part of your assessable income and is taxed at your marginal rate.

There is, however, a discount that may be applied to capital gains. If you have held the asset for over twelve months, you may be eligible for a 50% discount on the CGT. The CGT discount is also available to trusts and superannuation funds, although for superannuation funds the discount is only 33.3%. The discount is not available to companies.

Of course, there are occasions where you may have to dispose of an asset for less than you originally paid for it. Unfortunately, you are unable to use ‘capital losses’ to reduce your assessable income. However, you are able to carry the loss over to the subsequent income year and use it to offset future CGT liabilities.

ATO releases ruling on bitcoin

The ATO has issued its decision on the treatment of bitcoin, and other crypto-currencies, for tax purposes. Bitcoin is a form of virtual digital currency that has been gaining popularity worldwide. Based on the  average number of daily transactions, bitcoin has overtaken western transfer and is fast approaching PayPal as the world’s most popular form of online transaction.

Bitcoin is unregulated and operates outside of the global financial system. The ATO has ruled that making purchases with bitcoin essentially amounts to bartering, and as such the virtual currency will be treated as an asset, rather than as money, for tax purposes.

In the eyes of the ATO, bitcoin will be treated similarly to shares. There is no need for individuals to declare bitcoin to the ATO until they dispose of it, in which case it may be be subject to capital gains tax. Individuals may also use bitcoin to purchase up to $10 000 worth of personal items, and it will be considered as personal assets use. If an employee receives bitcoin as part of their remuneration package then this may be subject to fringe benefits tax.

Bitcoin enthusiasts across the country have expressed disappointment in the decision, claiming that it will drive investment in bitcoin offshore, and cut Australia our of the emerging digital currency economy.