bg-imgs

Ideas Group

GST for the termination of a commercial lease

Q: The question is about whether GST applies to a payment made when a commercial lease is terminated. The landlord paid the tenant $15,000 because they needed the space for their expanding business. The payment was meant to cover the cost of the tenant moving out, but there's no paperwork specifying its purpose. If inducements for entering a lease attract GST, does this payment also attract GST?

Division 7A & FBT

Question: A dwelling owned by a private limited company is proposed to be leased to its directors and shareholders (the mother and father) for residential use. The property won't be the main home of the parents. They will pay a fair market rent for the property. Is it true that since they are paying market rent, there will be no payment for Div 7A purposes as per section 109CA(11) of ITAA 1936? If the parents aren't company employees, are there any other tax implications from the proposed lease?

Salary sacrifice & FBT

Q: If a not-for-profit offers salary sacrifice below $30,000 annually, should reportable fringe benefits be included in employee PAYG payment summaries?

The roll-over of the business run by a family discretionary trust

Q: Our client runs their business through a family discretionary trust and wants to switch to a company or unit trust to bring in new business partners. Are there any provisions for rolling over the business from a discretionary trust to a unit trust?

Pay FBT on the subcontractor’s car benefit?

Q: A client gives a subcontractor car benefits. The subcontractor works within the client's business but doesn't take on any risk for the work. The payment to the subcontractor is subject to payroll tax. Does the client need to pay FBT on the subcontractor’s car benefit?

PAYG tax and superannuation of non-executive directors

Q: A client, who is the chairman of a medium-sized not-for-profit (NFP) organization in the employment service sector, received conflicting advice about whether non-executive directors (NEDs) should be considered employees. Can you clarify the situation regarding their employment status and the organization's super contribution obligations?

A: To determine if a non-executive director (NED) is an employee, we need to consider factors outlined in taxation ruling TR 2005/16 and superannuation Guarantee ruling SGR 2005/1. However, regardless of their status, both PAYG tax and superannuation may apply to the remuneration paid to the director (TAA 1953 Sch 12-40(1); SGAA s12(2)). So, whether the NED is an employee or not, tax and superannuation obligations still apply.

 If you have any questions, feel free to contact Tax Ideas Accountants & Advisers. You can also book an appointment through our live calendar.

 

Small business simplified depreciation rules

Q: A business client had a turnover of $4 million for both the 2016 and 2017 financial years. For the 2017 financial year, can they use the simplified depreciation rules for small businesses? If yes, and they have individual assets valued at less than $20,000 on July 1, 2016, can these assets be immediately written off, or do they all need to be put into a general pool?

Business-related capital expenditure & preservation value of goodwill

Q: Torres and Baker ran a dog washing business together in Mosman, NSW, called Pets R. Torres decided to leave the partnership and start his own dog washing business alone. In May 2017, Baker paid Torres $50,000 to make sure he wouldn't start a similar business within a 10 km radius of Mosman. This payment was to protect Pets R's reputation.

Depreciation: The shipping containers for hire

Q: I have a client who buys and rents out shipping containers. Eventually, they sell the containers to buyers. My question is, should we consider the shipping containers for rent as inventory, depreciable assets, or neither?

The CGT of the asset that gift to the company

Q: Two directors/shareholders want to transfer plant and equipment to their company through loan accounts ($100,000). Can they gift these assets to the company instead of creating loans for themselves? If yes, how should this be recorded in the accounts, and are there any tax implications?

Conditions for the GST-free supply of a going concern

Q: A client owns a bed-and-breakfast (B&B) business with four adjacent properties used for guest accommodation. The business makes $200,000 a year. They want to sell the business and properties for $1.6 million ($1.5 million for the properties and $100,000 for the business). Will this sale be subject to GST? Can they get an exemption for selling the business as a "going concern" because the properties are essential for the business?

Capitalized Asset

Question: I run a small business and bought something for $22,000 including GST (which is $20,000 without GST). The instant asset write-off rules say you can write off things that cost less than $20,000, but anything $20,000 or more needs to be added to the balance sheet as a capital expense. So, based on this, do I need to put the asset on the balance sheet for $20,000 instead of counting it as a regular expense in the profit and loss account? Is this what you understand from the rules?

Asset income of the deceased estate

Q: A client passed away in the 2016 financial year. We're sorting out their taxes for that year and need advice on how to handle income from their assets after their death. They owned commercial properties with their wife, but we're not sure if they owned them as joint tenants or tenants in common. If it's joint tenants, does the property automatically go to the surviving spouse? Do we need to file an estate tax return? What if the property hasn't been officially transferred yet? Can a family trust give income to a deceased estate?

The small business concessions

 

Margin scheme of selling the commercial property

Q: A client is buying a commercial property with a tenant, which means the purchase is GST-free because it's considered a going concern. However, the client plans to divide the land and build three residential townhouses. How does the client calculate the GST margin when selling these properties? (Note: The owner originally phased the property before June 2000, and it's been used for commercial purposes since.)

GST-free supply of a farming business requirements

Q: Section 38-480 states that the land must have been used for farming for at least five years before the sale to qualify for GST-free status. What happens if the farming business has stopped, even though the land was a farm for longer than five years? This concerns a large farming property in the Northern Territory that has been divided into smaller parcels. The head of the family managed the farming and subdivision but passed away unexpectedly about 18 months ago, after which the farming business wasn't actively pursued.

GST using the margin scheme & treatment in profit and loss

To calculate GST using the margin scheme, subtract the purchase price of the property (excluding development costs) from the selling price. This gives you the margin, on which GST is calculated. Then, add this GST to the selling price to get the total amount the buyer pays.

For example, if you sell a property for $1 million and the margin (calculated as explained) is $300,000, then the total amount the buyer pays would be $1.3 million.

In the profit and loss account for tax purposes, you would record the sale as revenue of $1 million. However, for expenses, you would list the cost of the property plus any development costs (excluding GST).

If you have any questions, feel free to contact Tax Ideas Accountants & Advisers. You can also book an appointment through our live calendar.

 

Leave a Reply

    Search form

    Categories

    See all

    Growth Is Just One Click Away

    Don't feel like calling? Just share your goals and situation & our expert will get in touch.

    Schedule A Meeting with "The Ideas"!

    How long would you like the meeting to be?