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Posts by Robert Liu CPA RTA MPA

自管养老金需要注意税局新的行政处罚指导意见(2)

CRS的风暴会影响到你吗

近来CRS风暴可以说席卷了全球大多数的区域,截止2017年6月,已经有超过100个国家和地区加入了CRS的行列,其中包括中国,澳洲,新西兰及众多原本避税天堂的司法属地,包括开曼群岛,百慕大,英属维尔京群岛,塞舌尔等。澳洲的第一份CRS报告将从2017年7月1日正式启动,截止2017年12月31日,并将于2018年7月31日前向ATO申报。以后每年的7月31日将是上一个年度申报的截止日期。

CRS(Common Reporting Standard) ,即“共同申报准则”,是一套金融机构尽职调查和申报的标准,目的是为各国提高税收透明度和打击逃税行为提供有效信息依据。不同于以往的各国之间的申报合作建立在相互要求的基础上,CRS要求参与国系统性及定期性的情报自动交换,以使纳税人居住国与纳税人账户所在国家自动分享纳税人在境外金融机构如银行及证券户头中的各类财务信息。另外,海外家庭信托,特定海外保险公司,私人基金会,投资机构等都将被纳入要求申报的范围。

CRS申报主要会影响到在海外具有投资和银行账户的高净值人群。他们以往会通过开设离岸账户和投资,利用当地的低税率甚至零税率,来达到财富转移及低缴税的目的。但在CRS的新形势下,随着越来越多的国家和地区的参与,特别是原有的避税天堂的司法属地的加入,这些高净值人群的海外收入将渐渐透明化,从而使这种传统的做法也会渐渐失去避税的功效。

那么CRS是如何决定成员国自动申报交换该国投资人的信息的呢?根据准则,投资人所在的非纳税国需向该投资人的纳税国提供所有该投资人在其国家的金融账户信息包括姓名,出生年月日,收入和余额等。就移居到澳洲的中国公民,以下人群将易受到CRS准则的影响:

  • 在澳洲读书的学生及移民到并长期居住在澳洲的中国公民,同时在中国或其他海外国家具有金融投资或银行账户等,
  • 移民到澳洲或在澳洲拥有金融投资或银行账户等,但长期居住在中国的公民,这里包括以他们的名义建立的家庭信托和公司

如果您不确定CRS是否会对您产生影响,请电话(+61292213345)或邮件(robert@pittmartingroup.com.au)皮特马丁Pitt Martin 会计师事务所,我们的咨询师会尽力为您提供满意的解答。

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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做生意选择个体户,公司还是信托

如果我们把生意比作是一栋大厦的话,那么架构对于生意来说就等同于这栋大厦的地基。一个合适的架构不但可以减少生意的税额,而且可以起到资产保护作用。当今,个体户,公司和信托是比较流行的生意架构。下面,我们会用一份表格来给说明这些架构之间的区别。

 

 

个体户

公司

信托

费用

便宜

比较贵

比较贵

税率

同个人所得税率

27.5% 未来十年降到 25%

受益人的所得税率

资产保护

有限责任制

很强

养老金缴付

自己不强制

强制性

强制性

收入分摊

 

如你所见,个体户的架构的建立和管理费都低于公司和信托。作为个体户,你既可以用你自己的姓名也可以注册一个生意的名字来运营你的生意。和其他生意架构一样,个体户可以注册ABN, GST, PAYG Withholding 等。由于公司和信托架构本身的复杂性外加上政府和文件提供商的费用,它俩建立和管理费用相对来说要高一些。

在税率方面,个体户的税率之前是和个人的税率一样。直到2016年7月1号,因为政府新颁发的税法,生意年收入低于500万的个体户的税率有了8%的折扣,不过这个折扣有个封顶$1000。 并且,这个折扣将在未来十年里增加到16%,封顶在现有的税法中将还是$1000。同样的,从2016年7月1号,生意年收入低于$1000万的公司的税率已由30%降到如今的27.5%。从2017年7月1号,生意年收入低于$2500万的公司的税率也将由30%降到27.5%。还不止这些,在未来十年里,所有生意年收入低于$5000万的公司的税率都将降到25%。对于信托来说,其收入税一般是在受益人手中征收。因此,如果受益人是自然人,信托的收入税率就是个人的税率;如果受益人是公司,信托的收入税率就是公司的税率。

资产保护上,个体户生意是在个人名下经营的,所以个体户基本没有什么资产保护性,这就意味着个人所有资产,比如房产,车子,都是暴露在债权人的面前。当个体户还不上债务时,债权人是有权利去获得这些个人财产作为补偿的。公司的有限责任制的性质在某种程度上对公司的法人和股东都具有较好的财产保护性。有一点需要注意的是,公司法2001明确指出,公司法人如果不按照公司法运营公司导致公司破产时,法人的个人财产也有可能被追究来偿还公司的债务。另一方面,信托由于分开了其财产上的法律拥有者和受益者,它的财产法律保护性可以相当高。当然,这种高保护性是建立在正确的架构和收入分配的基础上的。

个体户没有强制性要求支付自己的养老金,而公司和信托则必须支付月工资超过$450的员工,包括公司法人自己。

同公司和个体户比较起来,信托的一大优点是每年可以按照不同的比例将税前收入分配给受益人。因此,信托可以充分利用受益人的免税额和之前的税务损失。此法经常被家庭信托所采纳,从而达到降低整个家庭信托收入税额的目的。

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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投资房退税

投资房的退税可以比较复杂和棘手,尤其是今年联邦政府的预算在投资房方面可谓是大动手脚,新法案呼之欲出。不管你是海外或当地投资者,只要你有投资房并且有出租或投资物业的买卖行为,你就需要在每年的10月31日前进行退税。

一般来说,你需要申报所有出租所得的收入,包括因房客的损害而在押金中扣除或额外所得的赔偿。当然,你也可以用很多费用来抵税,比如贷款利息,贷款的费用,广告费,保险,清洁,地税,街道管理费,物业管理费,水费,中介管理费,车旅费,家电、家具、房屋折旧费,维修和保养费用 等等。其中车旅费和二手房家电家具费用的抵税将在新联邦政府预算提案中于2017年7月1日后被取消。以上费用,有些可以全额用来抵当年的收入,有些需要折旧后抵消,有些却根本不能用来抵消,比如买房的一些相关费用。

当你卖掉投资物业时,在当年的退税中,你需要申报该物业增值税相关的项目。通常,增值税的计算方法是用卖掉的价钱减去成为投资房时的房价和相关的买卖费用等,该差额上所征得的税。很多时候,以上差额还需要加上之前已折旧的数额,具体需要看该投资物业购买的时间。然而,有些物业的增值税可以通过投资不超过六年的政策而得到豁免。近期,由于澳洲房价的迅速上升,很多物业在出售时将面临支付一笔很可观的增值税。一些简单的税务策划可以很大程度上降低应缴的增值税,比如,选择在个人收入比较低的年份出售增值好的物业或持有投资物业超过12个月以获得50%的折扣等。

皮特马丁Pitt Martin 会计师事务所在投资物业相关的税务和咨询业务方面具有丰富的经验。不管你是因为人在中国还是忙于工作而不能亲自来我们办公室,我们都可以通过邮件和电话的形式为您申报投资房的年税。我们所需要的只是你的个人信息,税号, 物业管理年报,贷款利息和折旧报告。友情提示,投资房税务的申报错误可能会造成成千上万的税务损失或税局的审计和罚款。

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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Find Your Suitable Business Structure

If we metaphorize a business to a building, structure to the business will be as important as foundation to the building. A suitable structure can provide tax effectiveness and assets protection to a business. Contemporarily, sole trade, company and trust are common structures used in business. Next, we will use a table to illustrate the difference between these structures. 

  Sole Trader Company Trust
Cost Cheap Expensive Expensive
Tax Individual rate with 8% discount and will be 16% (capped $1000) 27.5% and will be reduced to 25% Beneficiary tax rate
Assets protection None Limited liability Strong
Superannuation contribution Not compulsory Compulsory Compulsory
Income streaming No No Yes

As you can see, cost wise, sole trader is cheaper than company and trust to be set up and managed. As a sole trader, you can either use your own name or register a business name. Like other business entity, a sole trader can register ABN, GST, PAYG Withholding, etc. Because of the complexity of company and trust, in addition with government and document platform charges, the cost of company and trust’s setting up and management are comparatively higher.

In terms of the tax rate, sole trader used to be the same to individual tax rate. There is an 8% discount capped with $1000 however for the sole trader with less than $5 million business turnover from 1 July 2016 due to the government new legislation announcement. The discount rate will be gradually increased to 16% in about a decade time and the capped amount is so far is still the same. Company tax rate has been dropped from 30% to 27.5% since 1 July 2016 for business turnover under $10 million and the turnover threshold will be increased to $25 million from 1 July 2017. The company tax rate will be finally reduced to 25% for all business with less than $50 million turnover in about a decade time. Trust net income is usually taxed in the hands of beneficiary. Therefore, if beneficiary is an individual, individual tax rate will be applied; likewise, company tax rate will be applied to corporate beneficiary.

Sole trader business runs under the personal capacity; therefore, the business owner’s personal assets will be exposed to all creditors. Assets protection is vastly low in the sole trader business structure. Proprietary limited gives company comparatively higher assets protection to both shareholders and directors. However, director may be forced to be personal liable to company debt under the Corporate Act 2001. Since trust structure separate the legal ownership and beneficiary of trust assets, trust assets generally protected well from beneficiary’s personal bankruptcy. Nevertheless, care needs to be taken of when trust structure is set up and trust income is distributed.

Employer superannuation guarantee is not compulsory to sole trader him or herself but they are still liable for employee’s superannuation guarantee payment. Company and trust need to pay superannuation guarantee if they hire  employee and pay them over $450 a month. This includes director himself.

Compared to sole trader and company structure, one of trust structure’s advantage is that it can stream the prior-taxed income to beneficiaries at different proportion each year. Therefore, it can fully use the tax free threshold of each beneficiaries and their tax loss if any. This strategy is often used by a family trust and hence the family members can overall pay less tax.

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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投资房负扣税 vs 负现金流

我们经常听到”负扣税“这个词,它到底什么意思,在税务上有什么作用呢?简单的说就是当你的投资房的收入小于可减费用时,该投资房在税务上就会带来亏损,这部分亏损可以用来抵扣个人的其他收入,包括工资,从而达到降低个人所得税。

如下例1,个人收入8万年薪,拥有一套价值63万7千的公寓房,房租收入不抵可减费用而造成了$10,814的税务亏损,这个亏损可以用来降低其8万年薪,因此实际可征税收入就降低到了$69,186,从而个人所得税也降低了$ 3,730.83。这也是为什么往往我们可以看到投资房产的纳税人,年底时会有大笔的税可以从税局退回来。

那么也有些人会觉得既然投资房产都亏损了为什么还要投资房产,从而举棋不定该不该下手。没错,上面我们说了税务亏损,但是有一点要弄清楚的是税务亏损或负扣税不一定等于负现金流。我们来看看下面的例2,收入的现金流就是房租收入$32,024加上降低的个人所得税$3,730.83 (往往是可以通过个人退税退回来),支出的现金流是$27,180, 该套投资房带来的净收入正现金流是$8,574.83。我们注意到例1和例2在支出上主要的差别就是折旧($15,658)和负扣税($3,730.83)带来的额外退税,关键点就是在这里折旧是不需要支出任何现金的,却可以在负扣税的计算中当作可减费用,而负扣税的正现金流也很大程度是因为折旧所导致的。因此我们看出负扣税和负现金流不可以化为等号,相反,负扣税可以减少负现金流或增加正现金流。

例1,

Rental Property $637K in Sydney

 

Owner taxable income $80k

 
   

Rental income

32024

   

Gross rent

32024.00

   

Expenses

 

Depreciation

15658

Body corporate

3465

Council rate

1039

Interest

20033

Agent fees

1567

Water

701

Sundry

375

Total

42838

   

Total net rent

-10814.00

Savings on tax (34.5%)

3730.83

 

例2,

Rental Property $637K in Sydney

 

Owner taxable income $80k

 

Cash in

 

Rental income

32024

Savings on tax (34.5%)

3730.83

Total

35754.83

   

Cash out

 

Body corporate

3465

Council rate

1039

Interest

20033

Agent fees

1567

Water

701

Sundry

375

Total

27180

   

Positive cash flow

8574.83

Weekly positive cash flow

164.90

 

额外提一下,一般来说新房的负扣税额度比较大,原因是因为新房的前五年折旧额度比较大,房屋内的电器等设备在前五年会折旧得差不多。2017新联邦预算提议一条新法规,购买二手房的投资者不允许对房屋内已有的电器设备进行折旧。如果这一新法规在国会通过,将会导致不少投资物业的负扣税有所减少。

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connect@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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Profit Intentions in Property Transactions: Lessons from a Tax Dispute

Investment property tax return

Investment property tax return can be very tricky and complicated, especially new laws will be enacted according to the recent federal budget. No matter you are in Australia or an overseas investor, you will have to lodge the tax return by 31 October every year if you are having an investment property and earning rental income or capital gain in Australia.

Generally, you need to report all rental income including the bond or compensation made by tenant due to their damage to your property. Of course, you also can claim all eligible tax deductions, such as mortgage interest, borrowing expenses, advertisement, insurance, cleaning, land tax, council rate, strata levy, water, real estate agent management fee, travel expenses, capital allowance, capital work, repair and maintenance etc. Among them, travel expenses and second-hand property capital allowance will be wiped out after 1 July 2017. Also, some of the above expenses can be deducted in one year while others need to be deducted by spreading out for a few years. Some of the expenses even cannot be deducted at all, such as initial purchase cost.

Another type of income from investment property can be the capital proceed from the selling. This might trigger capital gain tax which needs to be put on your tax return as well. Generally speaking, capital gain tax is the tax charged on the gains by deducting the capital proceeds with the cost base and other related transaction cost. There might be adjustment of the depreciation depending on the year of the purchase of the investment property. Some investment property might even be exempted to capital gain tax whereby the six years rule applies. Given the rapid growth of Australia property price, capital gain tax of selling an investment property can be stunning. One of the strategy is selling the investment property in the year when you receive less other income and hold the investment property more than 12 months which will gives you 50% discount on the taxable capital gain.

In Pitt Martin, we specialised in investment property tax return and advise. We can prepare your tax return through email and telephone meeting, so you don’t have to be physically coming into our office considering you are overseas or busy with your daily work. All we need is your personal details, TFN, rental statement, interest and property depreciation schedule if any. Please be mindful that investment property tax return can lead to thousands dollars difference if you do not do it in a proper way. So please speak to us if you are not sure.

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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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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