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Posts by Robert Liu CPA RTA MPA

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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Individual or Corporate Trustee for Self Managed Super Fund

The process could be time consuming and expensive for individual trustee. If one of the individual trustee discontinued performs as trustee for the trust such as died or retired, the legal title has to be changed every time when this happens. State government authorities may charge a fee for title changes as a result of changes in membership. On top of this cost, most financial services charge fees for amending the titles of the assets within the SMSF.

However, the changes of director of a corporate trustee is cheaper and less hassles since the change doesn’t affect the legal ownership of the corporate trustee itself. What the corporate trustee can do is appointing another director or leave it as sole director and inform the ASIC and ATO about the changes.

Clarity of Assets

As a member of the fund, individual trustee is exposed to the risk of intermingling their assets with the fund assets; whilst due to the characteristics of independent legal entity of company, the legal ownership of the fund assets is under company which is total separated to each director’s (members) personal assets.

Liability

All trustees are liable to members for any losses incurred as a result of a breach of trust. Individual trustees are personally liable whereas corporate trustees are liable to the extent of the assets of the company (usually $2) unless the directors can be made personally liable (which they generally will be).

Cost

Individual trustee is cheap to establish and running until the change happens to trustees. Corporate trustee requests a company to set up first therefore establishing and running fees will be more expenses. Currently, company registration with ASIC is $469 and $47 annual fee for acting solely as super fund trustee.

In Pitt Martin, we specialized to help clients set up SMSF and manage the super fund tax affairs. 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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