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Case 2 - Deceased Estates

Client: My client had properties in his name and also in a trust. He passed away and left these properties to his three children according to his will. For tax and business reporting purposes, we've set up an estate for the properties he owned personally and a family trust for the ones in the trust. We've already submitted tax returns and BASs for the estate and trust up to September 30, 2016. But now, the children have moved all the properties into their own names as per the will. Here are my questions:

Deceased Estates

Q: My client recently passed away and left his investment properties to his three children as stated in his will. However, there's a condition: the income from these properties must be shared among his three children and eight grandchildren for the next 15 years. Can we create a trust to manage this income distribution evenly among the 11 beneficiaries over the next 15 years?

Capital Gain Tax

Q: I have a farming client who's selling a pre-September 20, 1985 asset, which means they won't pay capital gains tax (CGT) on the sale. I've heard they can roll over the sale proceeds into a superannuation fund. Does the small business 15-year exemption affect the $500,000 retirement limit?

Deductions: Expenses incurred to keep the business running

Q: My client, a sole trader, got audited for claiming high expenses. He works on an accrual basis and did a job for a restaurant in 2015 but never got paid. He still hasn't been paid. The restaurant was struggling financially, so my client agreed to invest in it, hoping to make a profit when it sells in the future. Now the tax office says he has to pay GST and penalties on that unpaid income. Can he claim the expenses he spent to keep the restaurant running against the income the tax office is chasing him for?

Deduction:A self-storage facility

Question: We have a client who works as a lawyer under a fixed-term contract. He keeps most of his professional library and office records in a self-storage facility, which he accesses occasionally for work. Can he claim the cost of the self-storage facility as a deduction against his employment income?

How to treat the settlement amount from employer

Q: A person got paid the wrong amount for their work from 2010 to 2015. They settled with their old boss for $30,000 on July 8, 2016. Now they're retired and taking care of their disabled wife. How should they handle this payment? Should they divide the $30,000 among the years they were underpaid? And do they need to report it all at once for the 2016-2017 tax year?

Deduction:Meal Expenses

Q: My client, who works as a traveling executive chef, gets their accommodation covered by their employer but not their meals. Can they claim meal expenses using the ATO's reasonable meal rates, even if their payment summary doesn't show any travel allowance?

Any requirement that company could carry forward losses

Q: My client had to pause their company's operations for over a year due to other work commitments, which led to their Australian Business Number (ABN) being cancelled and no tax returns filed during that time. Now, the company's back in business as usual, with no changes. Can they still use the losses from that pause in future years?

CGT treatment of mortgage

Q: There's a valuable house in Sydney owned by Mr. and Mrs. X. They live there. Mrs. X wants to renovate the house, spending about 23% of its current value. They don't want to pay extra taxes for transferring part of the house to Mrs. X. So, they decided she'll lend the renovation money to Mr. X, secured by a mortgage. Mr. X will then pay back 23% of the house's value when repaying the loan, or 23% of the sale price if they sell the house. The renovation could increase the house's value more than the money Mrs. X loaned. If Mrs. X owns part of the house, she won't pay taxes when selling it, as long as it's still their main home. But if they use a mortgage, the tax treatment is different. Is a mortgage taxable? If so, would the extra money paid back be a profit subject to tax? And would they get a tax break if they hold the mortgage for over a year before repaying it?

Deduction:A scrapped Div 43 asset

Q: Can the remaining value of a Division 43 asset (specifically a spa) used in an investment property, which has been written down to $6,300 (originally costing $9,200), be claimed as a full deduction now that it's been scrapped? If not, how is the remaining value at the time of disposal treated for tax purposes?

A: If a Division 43 asset, like a spa, is scrapped, the owner can claim an immediate deduction for the remaining value of the asset at the time of destruction. This deduction is calculated as the undeducted construction cost minus any compensation received for the destruction of the asset.

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

The CGT of the property sold by foreign resident

Client A bought a property in 2000 and lived in it until they moved to the US permanently in January 2013. From that point, they rented out their property until they sold it in 2017.

As a non-resident, Client A won't be able to get a clearance certificate from the ATO to avoid the 10% withholding tax when selling the property. This new rule applies to all non-resident property sellers.

However, there's good news regarding the calculation of Capital Gains Tax (CGT) on the sale. Client A can use the market value of the property on January 1, 2013 (when they started renting it out) as the cost base for CGT purposes, instead of the original purchase price. This means they'll pay CGT based on the property's value when it started generating rental income.

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

GST for the rented cottage out the back of a commercial property

Q: Ms. C owns a commercial property with a cottage rented out at the back. The cottage is currently rented, but the main building is available for rent. Does the rent from the cottage attract GST since it's part of the commercial property, or is it considered residential?

Value shifting

Question: A client issued dividend access shares to existing shareholders without telling the tax office. These shares don't give voting rights or entitlement to company assets if it closes. How do they inform the tax office? Does this affect the company's or shareholders' tax returns? When does issuing these shares cause direct value shifting, and what are the consequences?

Hiring cars for employees is subject to FBT

Q: The department lends short-term hire cars to senior executives when their own cars are being repaired. Most of these costs are covered by insurance. Andrew's car was damaged in an accident, so he got a hire car from the department. The department paid $660 for the hire, but they got $400 back from insurance. What kind of benefit is this, and how is it taxed? Does the insurance refund affect the tax? What if the insurance company provided the hire car directly? Any exemptions?

The CGT for the sale of the inheritance

Q: The life tenant of a property passed away, and now the beneficiaries want to sell the property they inherited. Will they face capital gains tax (CGT)? If yes, do the costs paid by the life tenant count toward the cost base?

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?

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