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MayATO“揭穿”非营利组织（NFP）的常见误解 编辑：随着非营利组织（NFP）自我审查申报表的截止日期临近（3月），澳大利亚税务局（ATO）近日发布了一份文件，澄清并纠正了一些常见误区。 误解 1：所有非营利组织都免缴所得税。ATO回应： 这并不正确。一些NFP确实享有所得税豁免，但另一些则需要缴税。 误解 2：NFP的自我审查申报表只有一种提交方式。ATO回应： 实际上有三种方式： 误解 3：任何人都可以在线提交NFP的自我审查申报表。ATO回应： 只有在企业在线服务中被授权的人才可以提交。如果已聘请注册税务代理，也可以由其代表提交。 误解 4：如果不确定组织是否具有慈善性质，就可以不提交申报表。ATO回应： 即使不确定是否属于慈善机构，仍然需要提交自我审查申报表。 纳税人进项税抵扣申请被驳回 澳洲行政复审法庭（ART）近期驳回了一位纳税人关于进项税抵扣的申请，原因是其相关的GST申报（即BAS）均已超出法定四年期限。 该纳税人针对2015年10月1日至2017年3月31日期间的GST申报，均在超过四年后才提交，但仍申请了超过10,000澳元的进项税抵扣。 ATO根据《GST法》的规定不予批准，因为所有申报都不在四年法定期限内。ART支持了ATO的决定，明确表示由于纳税人未能按时提交申报，因此不再享有这些进项税抵扣的权利 ATO上诉失败：UPE并不构成Division 7A下的“贷款” 联邦上诉法院近日驳回了ATO的一项上诉。该上诉针对行政上诉法庭（AAT）此前作出的裁定，即：信托对公司受益人尚未支付的现有权益（UPE）不构成《第7A条款》下的“贷款”。 在本案中，一家信托于2013至2017财年间对一位公司受益人产生了未支付的受益分配（UPE）。ATO将这些未支付的金额视为受益人向信托的“贷款”，进而按“视同分红”处理。 然而，AAT和联邦法院均认定，这种情形不符合“贷款”的定义。法院指出，Division 7A 所指的“贷款”必须包含“偿还义务”，而UPE仅代表“支付义务”，不符合该标准，因此不能被视为贷款。 免责声明：本文仅为一般性信息介绍，非正式税务建议。如需针对具体情况采取行动，请咨询注册税务或法律专业人士。 参考：澳大利亚税务局网站 如果您需要更多信息，请联系信元会计师事务所
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MayATO “Busts” Common NFP myths Editor: As the Not-Editor: As the Not-for-profit (NFP) self-review return deadline approaches in March, the ATO has recently released a publication to address and debunk several common misconceptions. Myth 1: All NFPs are income tax exempt. ATO response: This is not true. Some NFPs are income tax exempt and some are taxable. Myth 2: There is only one way to lodge the NFP self-review return. ATO response: There are three ways, as follows: Myth 3: Anyone can lodge the NFP self-review return online. ATO response: If lodging via Online services for business, anyone authorised to access the return in Online Services can lodge. If a registered tax agent has been engaged, they can also prepare[…]
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Junaccountant Melbourne Information about functional currency rules, eligibility and the implications for tax accounting and reporting. How to use this guide The electronic version of this document is the only authorised version. Printed copies may be out of date. Read this guide to find out more about the functional currency rules, including: You can use this guide if you are: This guide does not cover income from overseas permanent establishments of resident taxpayers. Functional currency translation rules The functional currency translation rules are an exception to the core foreign currency translation rules. Under the core foreign currency translation rules, amounts in a foreign currency must be translated into Australian dollars (A$). There are also rules about when and at what exchange rate[…]
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MayHow to apply for super held by the ATO online or by using the paper application form (NAT 74880). Manage your super online You can manage your super using our online services. This includes applying for your ATO-held super money and uploading supporting documents. To use our online services, you need to create a myGov account and link to the ATO. For more information, see Keeping track of your super. Eligibility criteria You can only apply for a payment of your super held by us if you meet at least one of the eligibility criteria outlined in the tables below. If you apply using ATO online services, in most instances we will automatically work out if you are eligible. Depending on[…]
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MayInstructions for foreign investors who need to register an asset or update details about an existing asset. What is an asset An asset can be a: There is no fee payable to register assets. Register a new asset Check the information required to register the relevant asset type. Have the information you need ready to complete the registration in one session, as: Each asset must be registered separately. Log in to Online services for foreign investors. From the home page, select the Asset menu or Register asset quick link. At the Asset page select Add then Register new asset. The asset will have an Asset ID after it is registered. Required information The information you need to provide for each asset type: Property Each registration represents one property. If a property has[…]
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DecRegistration of Digital Games Tax Offset rules The Government has registered the Income Tax Assessment (Digital Games Tax Offset) Rules 2023 (‘Rules’), which follows the recent enactment of legislation introducing a refundable tax offset for eligible expenditure incurred in the development of digital games. The Rules set out the procedural rules for how companies apply for various Digital Games Tax Offset (‘DGTO’) certificates, including a Completion Certificate, Porting Certificate or Ongoing Development Certificate for the DGTO, or provisional forms of those certificates. The Rules also set out the rules for the processing and assessment of such applications, including the seeking of expert advice and additional information from applicants. The Rules require certain information to be provided to the Arts Minister[…]
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NovOver the last few income years, the ATO has seen some instances of SMSF trustees losing their crypto asset investments. These losses have been caused by: 1. crypto scams, where trustees were conned into investing their superannuation benefits in a fake crypto exchange; 2. theft, where fraudsters would hack into trustees’ crypto accounts and steal all their crypto; 3. collapsed crypto trading platforms, many of which were based overseas; and 4. lost passwords, resulting in trustees being locked out of their crypto account and being unable to access their crypto. Trustees thinking of investing in crypto need to be aware of the ways that crypto can be lost, including through scams, and how these scams can be avoided. Many crypto[…]
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JulThe Treasurer, Jim Chalmers, handed down his Federal Budget for the new financial year on Tuesday, 9 May 2023. Read on to about how to find out how this could affect your next tax return. Mr Chalmers walked away from the large, blanket tax cutting initiatives of the last Liberal government, such as Temporary Full Expensing (which applied to virtually all businesses) and the Low and Middle Income Tax Offset (which applied to all individual taxpayers with an income of less than $126,000), and instead focused on help which is more targeted and less generous. While the initiatives are likely to be welcomed by those taxpayers who are the target of the tax breaks, they will pass by many, if not most, taxpayers[…]
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MayThe ATO has recently provided information to assist taxpayers in working out how to claim deductions under temporary full expensing when they lodge their tax return If the taxpayer’s income years end on 30 June, deductions under temporary full expensing are only available in the 2021, 2022 and 2023 income years. They can claim the temporary full expensing deduction in their tax return for the relevant income year by completing the extra labels included in the tax return. Taxpayers can choose to opt out of temporary full expensing for an income year for some or all of their assets and claim a deduction using other depreciation rules. However, they must notify the ATO in their tax return that they have[…]
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MayYou are taking big risks if you use an unregistered preparer to: Tax practitioners include tax agents and BAS agents. They must be registered with us to provide tax agent services, BAS services or in some cases, tax (financial) advice services for a fee or other reward. What are the risks? Listed below are some risks that you face if you use an unregistered preparer to provide you with a tax agent service (which includes a BAS or tax (financial) advice service): Sharing your myGov account details puts your personal and financial affairs at risk! The TPB is investigating several cases involving unregistered preparers posing as legitimate registered tax practitioners, who lodge tax returns on behalf of their clients. These unregistered[…]
