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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.

 

Partnership ‘s shares sales incur which kind of GST supply

Q: Two unrelated parties, A and B, jointly own a commercial property. They are both registered for GST jointly for this property. If A sells its share of the property to a third party unrelated to A or B, is it a non-taxable supply since A is not individually registered for GST?

A: When a partner sells their share in a partnership, it's not considered outside the scope of GST. Instead, it's treated as if all the partnership assets are being sold to a new partnership. This means it could be a taxable supply. However, it might also qualify as a GST-free supply if it meets certain conditions. Even if it's taxable, the new partnership can claim an offsetting input tax credit for the GST paid on the sale, so it's not a long-term financial loss.

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

 

Deduction:Home to work travel

Q: My client works from home in New South Wales for three weeks, then travels to his employer's office in Sydney for the fourth week. He stays with his son in Sydney to save on accommodation costs. Can he claim travel expenses between his home office and the Sydney office? The distance is 550km. I know there's a case about fly-in fly-out workers, but I'm not sure if it applies here.

GST of the transferred stock

Q: A client sold their company, which includes selling the goodwill and other factors like stock. The contract includes transferring stock based on a report every two months, capped at $600,000 excluding GST. Is the stock sale subject to GST, or is it part of the sale of a going concern and GST-free?

The option fee

Q: Company A was going to sell its business to Company B, who paid a $10,000 fee to secure the option to make the offer. If Company B decides not to buy, will this trigger a tax event?

Personal Services Income

Q: A doctor works for a company that supplies patients for him to visit. He's paid per patient, not hourly. To boost his earnings, his wife drives him around while he works. He wants to pay her a fair rate for this service.

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