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Posts by Robert Liu CPA RTA MPA

Income tax return and tax deduction

Along with the closing of financial year 2017, here comes the tax return time again. During the years, we have seen many clients made mistake with their tax return and led to either ATO penalty or hundreds and thousands dollars losing in tax payment which shouldn’t have happened if it had prepared by a qualified tax agent.

For most income tax returns, tax deduction is the critical part to reduce your tax liability. When completing your income tax return, you would probably have some expenses that are tax deductible. Australian Taxation office (ATO) sets three basic principles for a work-related deduction:

  1. You must have spent the money yourself and weren’t reimbursed
  2. It must be directly related to earning your income
  3. You must have a record to prove it

Under these principles, what are some common categories of tax deductions that you can claim? Today, we will give you some examples to have better understand of those tax deductions.

  1. Cost of travelling directly between two separate workplaces, or cost of travelling from your normal workplace to an alternative workplace while still on duty, and back to your normal workplace or directly home.

E.g. Alex works as a nurse in a child care centre on a full-time basis in Botany. After this job, he travels to Woolworth near his home to do the evening part time shift. Alex can claim tax deductions for travel expenses between the child care centre and Woolworth in her income tax return because they are two separate workplaces.

Notice: you can’t claim tax deduction for normal trips between home and work – this is considered private travel.

  1. Car expenses for using your own car in performing your employment duties (including a car you lease or hire). Generally, car expenses can be deducted either through logbook method or cents per kilometer method.

E.g. Colin works as a business analyst in a commercial bank in Sydney CBD. During his normal working hours, he was asked by his manager to pick up some documents from another branch in Parramatta. Colin decided to drive his car to complete this job. After collecting the documents, Colin drove back to his workplace in Sydney CBD. Colin can claim tax deductions for car expenses for trip between the CBD branch and Parramatta branch in his income tax return because he used his own car in the course of performing his job as an employee.

  1. Accommodation costs (and meal and incidental expenses, if applicable) if you need to do work away from home for a short period of time. However, there are different way to deal with this kind of tax deductible expenses. Please see details in following examples.

E.g.1. Jane works with a company in Brisbane, but is required to attend training at the company’s head office in Sydney one week every month. Jane stays at a hotel close to the head office in Sydney for the weeks she is required to be in Sydney for training. Jane receives a travel allowance from her employer to cover the costs of accommodation, meals and incidental expenses for the periods she is required to stay in Sydney. The travel allowance is not shown on her payment summary. Jane spends her travel allowance on accommodation, meals and incidental expenses when in Sydney for work. Jane chooses not to declare her travel allowance on her income tax return and does not claim her expenses. At the end of financial year when Jane needs to lodge her income tax return, she can choose not to declare her travel allowance as income and does not claim her expenses, or to declare her travel allowance as income and claim her expenses.

E.g.2. John works for a company in Melbourne, but is required to attend the Adelaide branch for one working week each fortnight. John purchases a two-bedroom apartment in Adelaide to stay in when he is there for work. During the time he is not there for work, the apartment is vacant. John receives a travel allowance from his employer to cover the costs of accommodation, meals and incidental expenses for the periods he is required to stay in Adelaide. The travel allowance is shown on his payment summary. The costs of financing, holding and maintaining the apartment in Adelaide for the year are not disproportionate to the cost of John obtaining suitable short-term commercial accommodation for the periods he is required to stay in Adelaide. John does not use the Adelaide apartment for private or domestic use during the year. John must include the travel allowance as income in his tax return because it is shown on his payment summary. John can claim a deduction for the costs of financing, holding and maintaining the Adelaide apartment for the year.

  1. The cost of buying and cleaning occupation-specific clothing, protective clothing and unique, distinctive uniforms.

E.g. Mark works as a tally clerk in a supermarket. He has two sets of uniform that have the supermarket’s logo permanently attached and the uniforms are not available to the public. Mark can claim tax deductions for the cost of purchasing and cleaning the uniforms in his income tax return.

  1. Gifts or donations to organisations that have the status of deductible gift recipients.

E.g. Terrence works as an interior designer. He makes $50 monthly donations to an environmental organization endorsed by ATO. Terrence doesn’t receive any material benefit or advantage from the environmental organization he makes donations to. Terrence can claim a tax deduction for his donations to this environmental organization. However, if he received an equivalent valued gift in return for the donation, that donation will not be deductible.

  1. Home expenses including a computer, phone or other electronic devices you are required to use for work purposes, as well as a deduction for running costs. Deduction on occupancy cost need to be careful, such as mortgage interests, strata rate, building depreciation, etc. The may trigger capital gain tax.

E.g. Denis works as a car dealer in Rockdale. He is required by his manager to organize an office contact number to keep touch with clients. Denis bought a new cell phone to set up the office contact number in JB Hi-Fi. During his business trips, he needs to make regular phone calls to his manager and clients. Denis can claim tax deductions for the cost of purchasing a new cellphone and making phone calls.

  1. Expenses incurred in earning interest, dividend or other investment income.

E.g. Eunice works as a financial adviser. She has a cash management account for investment purposes. She also has an investment property using borrowed money. Eunice can claim tax deductions for account-keeping fees and interest charged on money borrowed.

  1. Self-education expenses if your study is work-related or if you receive a taxable bonded scholarship. The first $250 is not deductible though.

E.g. Healey works as an assistant accountant. She decides to take a CPA course to obtain the CPA qualification. The CPA course has a sufficient connection to her current employment and maintains or improves the specific skills or knowledge she requires in her current employment, or result in, or is likely to result in, an increase in her income from her current employment. Healey can claim a tax deduction for the CPA course expenses.

  1. If you buy tools, equipment or other assets to help earn your income. Assets under $300 can be deducted in full in the purchased financial year otherwise it has to be depreciated over a period.

E.g. Jefferey works as a graphic designer for a real estate company. During the first month of his employment, Jefferey bought an Adobe Creative license to use graphic design software which would continue to a monthly payment of $40. Jefferey didn’t receive an allowance for this monthly payment. Jefferey also uses this graphic design software for private purposes. Jefferey needs to apportion the amount of tax deductions he claims.

  1. Other expenses that contribute to earning your income.

E.g. You can claim a tax deduction for accountancy fee if you let a registered tax agent to prepare and lodge your tax return and activity statements.

The above tax deductions can be applied differently from case by case. The examples are hypothetical examples and don’t represent any advice from us. Before you apply the examples to yourself, please speak to a registered tax agent.

Pitt Martin is registered tax agent and CPA practice. We specialised in individual tax return, business and all other tax returns. If you are not sure about whether you have eligible tax deductions in your tax return, please speak to one of our tax accountants.

Pitt Martin Accountants & Tax Advisers is located at Martin Place in Sydney CBD. We can be reached on +61 2 92213345 or connect@pittmartingroup.com.au.

Disclaimer: This article is not providing a formal advice and may not suit to all scenarios. Please make an appointment with us to discuss.

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COVID-19 下,出租房费用是否可以抵税

新州对海外人士印花税附加税和地税附加税将再次提高

近期,新州政府宣布将提高海外人士投资该州住宅物业的印花税附加税和地税附加税,新政预计将于2017年7月1号执行。政府计划多得的税收将用来补贴当地首次置业者。

具体的印花税附加税将翻一番由原先的4%增至8%,地税附加税由0.75%增至2%。让我们看看下面新政推出前后海外人士税率的差别:

 

当前税率

新政策

普通印花税*+ 附加税

≈5%+4%=9%

≈5%+8%=13%

Land Tax*+ Land Tax Surcharge

1.6%+0.75%=2.35%

1.6%+2%=3.6%

注:普通印花税约等于5%是因为在100万下有个梯度,平均下来大概5%。普通印花税在房产成交价超过300万时超过的部分将是7%,新政策下将高达15%。同样,普通地税在地价超过335万7千时超过部分是2%,新政策下将达到4%。

上面是新政策前后的差别,让我们来看看新政策出台后,当地居民与海外人士购买住宅物业印花税和第一年地税的差别。我们先假设投资的物业价值200万,土地价值100万,当地居民和海外人士购买时相关的印花税和印花税附加税和第一年的地税和地税附加税(假设54万9千的门槛已被其他房产使用)的比较

 

印花税

印花税附加税

地税(第一年)

地税附加税(第一年)

总共支付

当地居民

$95,490

0

$16,100

0

$111,590

海外人士

$95,490

$160,000

$16,100

$20,000

$291,590

差额

 

 

 

 

$180,000

上面的例子可以清晰的看出海外人士比当地居民购买时和第一年多支付了将近两倍,更何况地税及其附加税是需要每年支付的,这样的差距在短短几年后海外人士可能会支付多好几倍的费用。

这里需要注意的是,澳洲永居,新西兰公民,公司,和多数家庭信托也可能会成为海外人士,海外人士的定义请参考我们之前发布的文章‘附加地税’

Pitt Martin 在投资物业和地产开发相关的税务方面具有丰富的经验。如果您有任何不确定的地方,我们可以为您做详细的解答和规划,以免等房子成交时,一切为时已晚。

皮特马丁Pitt Martin会计师事务所坐落在悉尼市中心的马丁广场 (Sydney CBD Martin Place)。我们的电话是+61 2 92213345,邮箱地址是robert@pittmartingroup.com.au。

本文内容仅供参考,不构成对任何个人或团体的具体情况而形成建议。任何个人或团体应该在征求专业人士的意见后方可采取行动。由于税法的时效性,我们在发布时已致力于提供及时、准确的信息,但不能保证所称述的内容在今后任然可以适用。转发该文内容请注明出处。

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ATO's warning in Investment Loan Reporting

NSW will raise Surcharge Purchaser Duty and Land Tax Surcharge again to foreign persons

Recently, the NSW government has announced that the surcharge purchaser duty and land tax surcharge will be raised again to foreign person investing in residential real estate from 1 July 2017. The Surcharge Purchaser Duty will be doubled from 4% to 8% and the Land Tax Surcharge will be increased from 0.75% to 2%. NSW government also stated that the raised revenue will be used to help the first home buyer in Australia.

Firstly, let’s take a look at the difference of the stamp duty, surcharge purchaser duty, land tax and land tax surcharge prior and after the change.

Current rate Future rate
Stamp Duty*+ Surcharge Purchaser Duty ≈5%+4%=9% ≈5%+8%=13%
Land Tax*+ Land Tax Surcharge 1.6%+0.75%=2.35% 1.6%+2%=3.6%

* the stamp duty is about 5% when the transaction price is under 3million. However, when the transaction price is over 3 million, the premium duty rate will be 7% for the over portion. The overall stamp duty and surcharge purchaser duty will be as high as 15% for foreign person. Likewise, when the land value is over 3.357 million dollars, the rate will be 2% for the over portion. At this instance, the land tax and land tax surcharge rate will be 4% for foreign person.

The above shows the difference prior and after the change.  Now let’s see what’s the difference between the local ordinary resident and foreign person in terms of the stamp duty and land tax payment after the change.

Assume the residential real estate is 2 million dollars, the land value is 1 million dollars and not qualify for the land tax premium threshold.

Stamp Duty Surcharge Purchaser Duty Land Tax(first year) Land Tax Surcharge(first year) Payment
Ordinary resident $95,490 0 $16,100 0 $111,590
Foreign person $95,490 $160,000 $16,100 $20,000 $291,590
Discrepancy $180,000

As you can see, the stamp duty, surcharge purchaser duty, land tax and land tax surcharge payment will be almost tripled paid by foreign person compared to the local ordinary resident. The difference will be further increased along the future years’ land tax and land tax surcharge.

Here, we have to address that Australia permanent resident, New Zealand citizen, Australia setup companies, most family trust, etc can be treated as foreign person for the surcharge purpose. In terms of the definition of foreign person, please refer to our earlier article Land Tax Surcharge.

Pitt Martin is specialised in investment property related tax issues. If you are not sure about whether you are a foreign resident and whether your property is a residential real estate, please speak to one of our advisers.

Pitt Martin Accountants & Tax Advisers is located at Martin Place in Sydney CBD. We can be reached on +61 2 92213345 or connect@pittmartingroup.com.au.

Disclaimer: This article is not providing a formal advice and may not suit to all scenarios. Please make an appointment with us to discuss.

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澳洲疫情中推出救市刺激计划,中小生意如何从中受益

Federal Budget 2017 Tax Highlights

The Australian government has just announced 2017 Federal Budget tonight. At Pitt Martin, we closely keep update our knowledge with government tax legislation and economy changes. Here is some key points we think can be relevant to the tax payers and business owners.

Housing

  • Assisting first home buyers to build a deposit inside superannuation. Voluntary contributions of up to $15,000 per year and $30,000 in total will attract concessional tax treatment under the First Home Super Saver Scheme. This voluntary contribution can be salary sacrifice. The concessional tax rate will be 15% rather than personal marginal rate which is normally over 30%. The scheme commences on 1 July 2017, and contributions and deemed earnings, net of tax, can be withdrawn from 1 July 2018;

 

  • Allowing older Australians to contribute downsizing proceeds into superannuation. From 1 July 2018, individuals aged 65 and over will be able to make a non-concessional contribution of up to $300,000 in proceeds from the sale of a principal residence, held for at least 10 years, into their superannuation. These new contributions will be in addition to any other voluntary contributions that people are able to make under the existing contribution rules and concessional and non-concessional caps. That means potentially such an individual can make overall $625,000 contribution into their super fund in one year from 1 July 2018 by current law;

 

  • Capital gains tax (CGT) will be increased to 60% for investment in affordable housing. Allowing Managed Investment Trusts to be used to develop and own affordable housing, providing investors in affordable housing with greater income certainty by enabling direct deduction of welfare payments from tenants;

 

  • Strengthening the capital gains tax (CGT) rules to reduce the risk that foreign investors avoid paying CGT in Australia, including by no longer allowing foreign or temporary tax residents to claim the main residence CGT exemption, and by expanding the scope of the CGT withholding system for foreign residents;

 

  • Encouraging foreign owners of residential real estate to rent their properties out by applying a ‘ghost tax’ of at least $5,000 (reflecting the original application fee) to foreign owners who leave their properties unoccupied or not available for rent for 6 months or more each year.

 

 

  • Disallow deductions for travel expenses related to owning a residential investment property. Better target plant and equipment depreciation deductions to those expenses actually incurred by investors.

Business

  • More tax breaks and red tape reduction are on the cards this year, with the $20,000 instant asset tax write-off introduced in the 2016 budget being extended for another year until 2018, and opened up to businesses with an annual turnover of up to $10 million which is used to only up to $2 million.

 

  • From March next year, government introduce a levy on foreign workers on certain skilled visas will go towards a new Skilled Australians Fund.

Small business employer will have to pay $1200 per year for a foreign worker, along with a one-off $3000 payment. Larger businesses employer would pay $1800 a year per worker, along with a one-off payment of $5000.

 

  • The Government is stamping out hybrid tax abuse by multinational banks and insurance companies to prevent the exploitation of tax differences between countries. The Government is also toughening the Multinational Anti-Avoidance Law by extending it to corporate structures involving foreign partnerships and foreign trusts.

 

  • The Government is extending the taxable payments reporting system to contractors in the courier and cleaning industries and also banning technology that allows businesses to falsify sales records to avoid paying tax.

Medicare Levy

  • The Government will increase the Medicare levy from 2 per cent to 2.5 per cent of taxable income from July 1, 2019 to fund the National Disability Insurance Scheme. You’ll only be exempt if your income is below the threshold of $21,655 for singles, $36,541 for families and $34,244 for pensioners. Other tax rates that are linked to the top personal tax rate, such as the fringe benefits tax rate, will also be increased.

If you want to find out more details about how this budget affects you, please feel free to contact us.

Pitt Martin Accountants & Tax Advisers is located at Martin Place in Sydney CBD. We can be reached on +61 2 92213345 or connect@pittmartingroup.com.au.

Disclaimer: This article is not providing a formal advice and may not suit to all scenarios. Please make an appointment with us to discuss.

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自管养老金(SMSF)投资房产

自从2007年自管养老金允许贷款购买投资产品,用自管养老金购买投资房已经渐渐受到广大澳洲人民的欢迎。那么利用自管养老金投资房产优点在哪里呢?我们从税务和投资的角度来分析一下:

  1. 当你退休后,投资房出租产生的利润是不用交任何税的,在你卖掉该物业时增值部分也完全没有增值税哦
  2. 在你退休前,投资房出租产生的利润只需要交15%的税。 在你卖掉该物业时,如果你持有该物业超过12个月,增值税只有10%; 如果少于12个月,增值税就是15%。这些税率基本都低于个人名下持有的物业,大多数情况个人税率都在30%以上
  3. 利用你养老金的钱去投资房产不会影响到你现在个人储蓄的现金流
  4. 目前,市面上贷款最多可以贷到70%,所以30%的首付就足够啦
  5. 因为自管养老金是提供给你退休用的资金,其内部的资产一般受法律上的保护也是相当强的

当然,自管养老金投资房产也是有不足之处的,比如,贷款利息会略高于普通房贷,贷款比例也比普通房贷低,养老金内的资产和钱一般只有到退休后才可以拿出来。综合观之,优点还是很显著的。

那么自管养老金如何建立呢,一般会计师会帮助客户成立相关的养老金信托文件,开通养老金独立的银行账户,然后将他们现有的工作养老金 (eg. Australian Super, BT Super, etc) 转移到自管养老金中,这样自管养老金就建立好了,养老金的成员可以利用转移的资金进行投资了。

皮特马丁Pitt Martin会计师事务所提供自管养老金建立,税务和咨询等相关服务。我们坐落在悉尼市中心的马丁广场 (Sydney CBD Martin Place),电话联系Robert Liu +61 2 9221 3345,邮箱地址robert@pittmartingroup.com.au

本文内容仅供参考,不构成对任何个人或团体的具体情况而形成建议。任何个人或团体应该在征求专业人士的意见后方可采取行动。由于税法的时效性,我们在发布时已致力于提供及时、准确的信息,但不能保证所称述的内容在今后任然可以适用。转发该文内容请注明出处。

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自住房出租6年增值税豁免的税务问题

 

一般来说, 自住房出租不超过6年,以后在出售该物业时,增值税是可以得到豁免的。这个6年是可以整个6年不间断的租出去,也可以是分开几段时间租出去,只要租出去的几段时间加一起不超过6年即可。另外,当你每次搬回去住,把该物业再次当做自住房后,你又将会得到6年的增值税豁免的权利。

很多人由此想到,这样不是可以买很多套物业,每个都进去住一段时间,让它们成为自住房,然后出租不超过6年并出售而不用交任何的增值税嘛。这个想法只有在一个物业卖了以后再去购置下一个物业,即不可以同时拥有两套或两套以上物业的情况下才成立。但是很少有投资客会去这样做,因为他们手上一直都会有好几套。简单来说,如果你手上有多套物业,任何时候只有一套物业可以是你的自住房,其他的物业必须算作投资房。有一点值得提的是,选择哪一套物业作为你的自住房是允许在出售某物业时进行选择的。

那么如果你的自住房出租超过6年了是不是等于你要交所有这段出租时间所产生的增值税呢?答案是比你想象中的要好 – 你只需要交超过6年的那部分,比如自住房出租了10年,房价升值了100k, 这种情况下,你有60%的增值是不用交税的 (6年/10年*100%),只有40k升值的部分是需要交增值税的。

另外,如果自住房是你唯一一套物业,只要你不拿来出租,你可以无限制空下去,在出售时而不需要交任何的增值税。

Pitt Martin 会计师事务所具有丰富的处理投资房税务方面的经验,我们擅长投资物业相关的税务策划,包括利用公司,家庭信托,自管养老金等结构去购置投资物业。

皮特马丁Pitt Martin会计师事务所 坐落在悉尼市中心 (Sydney CBD),请联系我们的中文合伙人Robert Liu,电话是+61 2 92213345,邮箱地址是 robert@pittmartingroup.com.au。

本文内容仅供参考,不构成对任何个人或团体的具体情况而形成建议。任何个人或团体应该在征求专业人士的意见后方可采取行动。由于税法的时效性,我们在发布时已致力于提供及时、准确的信息,但不能保证所称述的内容在今后任然可以适用。转发该文内容请注明出处。

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小生意应尽早选择专业会计师

 

我们见到很多小生意业主刚开始创业时都是埋头苦干,把所有精力几乎都放在了发展生意上,而忽略了自己的账目和税务的事情,有些小生意甚至会忘记报税的事情直到收到税局的罚单,或者是在年底时才开始寻找会计,急着做账,急着报税。但是,很多时候会计会发现小生意的结构从一开始就不合理或者账目记录完全乱糟糟,因此这些小生意将失去 最好的省税结构,而且会计需要花费大量的时间去帮助他们整理账目,他们也会付出不必要的会计费用。所以,我们建议小生意应该在生意还没有开始之前就需要联系专业的会计师帮忙规划,这样,生意的税务和账目才会在健康的轨道上发展,到了年底报税时省时又省力。

那么,悉尼有这么多会计,小生意业主们该如何选择会计呢?首先,一定要找有税务代理执照(Registered Tax Agent)的会计,在澳洲没有税务代理执照是不可以帮客人做退税收费用的。其次,尽量找是CPA或CA认证的会计,CPA和CA是澳洲两个最大且最权威的会计认证机构,加入这两个机构的门槛高,对学历和工作经验都有要求,而且他们不定期都会对其会员会计进行审计,以确保他们的服务具有专业水准和规范化,同时对会员自我知识的进修也有学时的要求。以上是一个会计师事务所的硬性条件,最后就要看软件条件了,那就是从业会计的经验和服务质量。这些往往在第一次交谈中便可以发现。

Pitt Martin会计师事务所是具有澳洲税务代理执照,CPA认证,会计从业经验超过十年的会计师事务所。Pitt Martin 秉承顾客至上,崇尚专业,童叟无欺的执业精神。

皮特马丁Pitt Martin会计师事务所 坐落在悉尼市中心 (Sydney CBD),请联系我们的中文合伙人Robert Liu,电话是+61 2 92213345,邮箱地址是 robert@pittmartingroup.com.au。

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地税附加税

从2017年1月1日开始,如果你或你的家人和亲戚在新南威尔士州拥有住房并且是外国公民,你很有可能需要支付0.75%的附加地税给政府。比如,如果你的住房用地价值100万,你需要支付的附加地税就是$7,500。这个是在正常地税之上另付的。不同于正常地税的是,即使你的住房是用于自住的,你也需要支付附加地税。

外国公民的范筹包括个人,公司,信托,外国政府,外国政府投资者和有限合伙制的合伙人等实体。对于个人,如果你是非澳洲公民在这一年待在澳洲境内少于200天或者你的签证上有任何限制你待在澳洲的条件,你就是在附加地税定义上是外国公民,你就很有可能需要支付附加地税。请注意,即使你是澳洲永居签证,你这一年待在澳洲境内低于200天,你一样在附加地税定义上是外国公民,一样需要支付附加地税。

如果居住房是在公司名下,你作为外国公民和你相关的人或实体加在一起占超过该公司20%的股份,该公司在附加地税定义上即被视为外国公民。同样,如果你和其他人作为外国公民及你们相关的人或实体加在一起总共超过40%的股份,该公司在附加地税定义上也被视为外国公民。该公司即需要支付附加地税。

对于信托来说,固定信托和特殊信托(包括家庭信托)征收附加地税的方式是不同的。固定信托,只有外国公民受益人按他/它占该信托的比例去支付此地价比例所产生的附加地税,澳洲公民收益人是不需要支付任何附加地税的。特殊信托(包括家庭信托), 只要默认受益人中有外国公民的,受托人就需要支付按整个地价计算的附加地税。对于家庭信托来说,因为大多数的默认受益人都包括家里的亲戚,只要他们中任何一个人是外国公民,该家庭信托在附加地税定义上即被视为外国公民。我们估计市面有很多家庭信托都是这种情况,所以我们建议最好在2016年12月31号前去修改你的信托契约以避免被征收附加地税。皮特马丁会计师事务所可以为您提供修改家庭信托契约的服务。

皮特马丁Pitt Martin会计师事务所 坐落在悉尼市中心 (Sydney CBD),请联系我们的中文合伙人Robert Liu,电话是+61 2 92213345,邮箱地址是 robert@pittmartingroup.com.au。

本文内容仅供参考,不构成对任何个人或团体的具体情况而形成建议。任何个人或团体应该在征求专业人士的意见后方可采取行动。由于税法的时效性,我们在发布时已致力于提供及时、准确的信息,但不能保证所称述的内容在今后任然可以适用。转发该文内容请注明出处。

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Land Tax Surcharge

From 1st January 2017, if you or your family and associates are a foreign person, your NSW residential land might be subject to 0.75% land tax surcharge charged by Office of State Revenue. For example, if your land value is $1 million, the surcharge will be $7,500. This is on top of the land tax if applicable which is charged $100 plus 1.6% over the threshold $549,000 and up to the premium threshold $ 3,357,000 or $45,028 plus 2% over the premium threshold. Unlike land tax, land tax surcharge is applicable even the land related dwelling is used for main residence.

A foreign person could be an individual, company, trust , foreign government, foreign government investor and partners in limited partnerships. For individual, if you are not an Australian citizen and stayed in Australia for the year less than 200 days or your visa subject to any limitation to stay in Australia, your land could be caught up with land tax surcharge. Be careful here, even you are a permanent residence in Australia and you spend less than 200 days in Australia, your property might still be subject to land tax surcharge.

If a company own the residential land and you as a foreign person together with any one or more associates hold at least 20% interests in the company or you as foreign persons together with any one or more associates hold an aggregate of at least 40% interests in the company, the company will be treated as foreign person.

If a trust own the residential land, the surcharge will be different depends on whether it is fixed trust or special trust. For fixed trust, land tax surcharge will be liable to the beneficiary who are foreign person at their proportion of the land value. For special trust including Family Trust, if any of one or more potential beneficiaries are foreign persons, the trustee is liable to the land tax surcharge on the whole value of the land held by the trust. This is mostly the case for the Family Trust whose beneficiary has foreign family member or relatives since they are the default beneficiaries in most Family Trust. To avoid the land tax surcharge because of this, you can contact Pitt Martin Accountants & Tax Advisers to amend your trust deed and you will have to make this amendment before 31 Dec 2016.

Pitt Martin Accountants & Tax Advisers is located at Sydney CBD. We can be reached on +61 2 92213345 or connect@pittmartingroup.com.au.

Disclaimer: This article is not providing a formal advice and may not suit to all scenarios. Please make an appointment with us to discuss.

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Tax Planning – Super

 

Are you a high wages owning employee or a self-employed business owner who paid too much tax last year? There is an effective way to reduce the tax liability by directing the income into your super. The before tax income paid into your super fund under the concessional cap ($30,000 for ages under 49 and $35,000 for ages over 49 in 2016-2017) will be only taxed at 15% which is much less than most people’s margin rate (37% for taxable income higher than $80,000). The amount of the income paid into your super is deductible to your total taxable income.

Example: 

Tina aged 45 had a taxable income $100,000 for 2015. She directed before tax income $20,000 into her super fund. Therefore, she will be paying $3,000 tax at her super fund (15% on $20,000) and receive $17,000 in the fund. In turn, her taxable income will be reduced to $80,000 after deduction of the super contribution. Without this arrangement, she will be liable for $7,400 tax (37% margin rate on $20,000) plus tax on $80,000.

Now the result looks fantastic but how can we direct the income into our super fund? If you are a wages employee, on top of the Superannuation Guarantee your employer paid to your super fund (9.5% in 2016-2017), you can arrange salary sacrifice with your employer up to the concessional cap. Please note the Super Guarantee paid by your employer is also counted towards the concessional cap.If you are self-employed business owner, you can direct your taxable income at your discretion as long as it’s under the concessional cap.

In Pitt Martin, we do not only provide tax return service to our clients but we also give them advice and tailor tax plan for them after the tax return to make sure they are legally paying as less tax as possible. Call us today on 02 9221 3345 or email to connect@pittmartingroup.com.au.

Disclaimer: This article is not providing a formal advice and may not suit to all scenarios. Please make an appointment with us to discuss.

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