Latest / The Money Puzzle / What your accountant never told you
Transcript
- 0:08Speaker 1: Hello and welcome to this episode of The Money Puzzle.
- 0:11Speaker 1: I'm your host, James Gerrard, standing in again for James Kirby,
- 0:13Speaker 1: who will be back next week. In our last episode,
- 0:16Speaker 1: we had property developer Daichi Samohara, who gave us an
- 0:19Speaker 1: insider's view on the world of property development. And today,
- 0:23Speaker 1: we're going to continue with the theme of looking under
- 0:25Speaker 1: the hood, but this time, all things tax and accounting.
- 0:28Speaker 1: To help me do this, we have a superstar of
- 0:30Speaker 1: the accounting world. And to give our listeners an idea
- 0:33Speaker 1: of the stardom our guest has, when he's spotted at
- 0:36Speaker 1: accounting conventions... Fellow accountants drop their pencils and calculators in all.
- 0:40Speaker 1: And when our guest goes to his local shopping center,
- 0:42Speaker 1: he's treated like a celebrity, mobbed by adoring fans who
- 0:46Speaker 1: are holding their 2023 tax returns, wanting to grab our
- 0:49Speaker 1: guest's attention and garnish his autograph. So without further delay,
- 0:53Speaker 1: let me introduce you to today's guest. He's an accountant
- 0:55Speaker 1: and he's actually my accountant. I've known him for over
- 0:57Speaker 1: 20 years. A big money puzzle. Welcome to Central Coast accountant,
- 1:01Speaker 1: Timothy Ricardo. Welcome, Tim, and how about that for an intro, hey?
- 1:05Speaker 2: Well, thanks, James. I give it an embarrassing factor of 10,
- 1:09Speaker 2: so it's right up there.
- 1:11Speaker 3: Fantastic.
- 1:12Speaker 1: All right, well, let's get straight into it. We're going
- 1:15Speaker 1: to have a chat about end of financial year tax
- 1:18Speaker 1: planning because it's upon us this time of year again,
- 1:21Speaker 1: but maybe not directly related to that to start up with,
- 1:23Speaker 1: but electric vehicles, the prices are dropping. And so I
- 1:27Speaker 1: wanted to ask, is it worthwhile considering one from a
- 1:29Speaker 1: tax perspective under a novated lease?
- 1:33Speaker 2: Well, this is one of your favourite topics, I think, James.
- 1:36Speaker 2: You just want to talk about your own electric car,
- 1:38Speaker 2: I think.
- 1:39Speaker 3: I do. You actually caught me.
- 1:41Speaker 1: I want to ask you some questions and not have
- 1:43Speaker 1: you charge me for our time.
- 1:45Speaker 4: Yeah, fair enough. Well, look, the short answer is yes.
- 1:49Speaker 2: You know, you should definitely consider it, especially if you
- 1:51Speaker 2: want to get an EV car anyway, because they can
- 1:54Speaker 2: be a It can be a real tax saver getting
- 1:57Speaker 2: it through a novated lease. And, you know, 100% tax
- 2:01Speaker 2: exempt sounds too good to be true, but that seems
- 2:05Speaker 2: to be the case at the moment. So, yeah, definitely
- 2:07Speaker 2: worth considering if you're interested in an EV car.
- 2:12Speaker 3: Excellent.
- 2:12Speaker 1: So it sounds like a very attractive way to fund EVs.
- 2:15Speaker 1: A vehicle– and so, novated leases are pretty tax-effective anyway,
- 2:18Speaker 1: but under the electric vehicle discount scheme that came in
- 2:23Speaker 1: a little while ago, it makes it even more attractive. So,
- 2:26Speaker 1: moving on to stage three tax cuts, they start from
- 2:29Speaker 1: 1 July. They were introduced by the coalition and amended
- 2:33Speaker 1: recently by the Labor government. So, Timothy, is there anything
- 2:35Speaker 1: that people need to do? given that tax rates are
- 2:39Speaker 1: higher this financial year for most, and they'll be slightly
- 2:42Speaker 1: lower next financial year for most.
- 2:43Speaker 4: Yeah, definitely.
- 2:45Speaker 2: I think knowing that the brackets are coming down, we
- 2:47Speaker 2: want to generally bring forward deductions into this financial year,
- 2:52Speaker 2: which is a pretty common thing you do anyway for
- 2:54Speaker 2: tax planning, because it sort of gets the benefits sooner.
- 2:58Speaker 2: But you may also get that benefit at a higher
- 3:00Speaker 2: tax rate, which means that you're saving more money as
- 3:04Speaker 2: if you're compared to deferring it to next year. But
- 3:08Speaker 2: And secondly, obviously, on the other side is deferring your
- 3:12Speaker 2: income to next year. So if you're a small business
- 3:15Speaker 2: owner and you're wanting to try to manage your tax planning,
- 3:19Speaker 2: trying to push your income or dividends into next year,
- 3:22Speaker 2: if you can make use of the lower tax rates, yeah,
- 3:25Speaker 2: that's definitely something to look at.
- 3:28Speaker 4: Yeah, and for.
- 3:29Speaker 2: Low-income earners, I think you mentioned recently in the breakfast
- 3:33Speaker 2: show the other day, James, about the new– pay rise
- 3:39Speaker 2: from the low income earners.
- 3:41Speaker 4: What are they getting?
- 3:43Speaker 3: That's right. Well, I'll just recap that.
- 3:45Speaker 1: So the Fair Work Commission, they do an annual wage
- 3:48Speaker 1: review of the minimum wage and they introduced a 3.75%
- 3:52Speaker 1: increase this year, which is in line with inflation.
- 3:55Speaker 3: The broader inflation rate is 3.6%.
- 3:57Speaker 4: Yeah.
- 3:58Speaker 2: So I thought that was interesting to bring up because
- 4:01Speaker 2: in line with the tax cuts as well, I looked
- 4:05Speaker 2: up the The low-income earners, they're going to be getting
- 4:08Speaker 2: another $ 16 in the hand per week on top of
- 4:12Speaker 2: their $ 23 from that. So you're almost at $ 40 a
- 4:16Speaker 2: week extra for those lower-income earners with the two of
- 4:19Speaker 2: these combined. So, yeah, that's pretty good. But across the board,
- 4:23Speaker 2: everyone seems to be benefiting and some more than others. But, yeah,
- 4:28Speaker 2: so that's something else to look forward to with these
- 4:31Speaker 2: tax cuts coming in.
- 4:34Speaker 1: And what about people who are retired, who draw down
- 4:36Speaker 1: a pension from their super account, particularly those people that
- 4:40Speaker 1: were taking the reduced minimums, which went on for, was
- 4:43Speaker 1: it like four or five financial years? Is there anything
- 4:45Speaker 1: that they should be considering this financial year?
- 4:48Speaker 4: Definitely. Okay.
- 4:49Speaker 2: So this is a good 30th of June sort of
- 4:53Speaker 2: tax planning issue to bring up with all those retirees,
- 4:56Speaker 2: the ones who have self-managed supers or even the ones
- 5:00Speaker 2: that have pensions with their funds. They want to make
- 5:02Speaker 2: sure that they're complying. And I think the pension reduction,
- 5:09Speaker 2: it was half the rate of what it normally is.
- 5:15Speaker 2: So definitely for this financial year, double check your minimum
- 5:19Speaker 2: withdrawal so that your pension can stay compliant because otherwise
- 5:23Speaker 2: there's a whole lot of messy admin work that needs
- 5:27Speaker 2: to be done. And yeah, you might lose some tax
- 5:30Speaker 2: benefits there. So So, yeah, at the end of each year,
- 5:33Speaker 2: we usually give a letter to all of our, when
- 5:37Speaker 2: we finish their tax, to all of our self-managed super clients.
- 5:41Speaker 2: And they've got in black and white there what they
- 5:44Speaker 2: need to draw down on. So you should always double
- 5:48Speaker 2: check your end of year paperwork and make sure that
- 5:51Speaker 2: you've got that amount drawn down before 30th of June,
- 5:56Speaker 2: which I think for a 65-year-old, just to give an example,
- 6:00Speaker 2: Two and a half percent was what it used to be.
- 6:02Speaker 2: And that's now been brought under the halving. And now
- 6:06Speaker 2: it's been brought back up to five percent. So it's
- 6:09Speaker 2: a pretty significant change.
- 6:11Speaker 3: Absolutely.
- 6:11Speaker 1: I guess the fortunate thing is that people who are
- 6:14Speaker 1: in retail or industry super funds, the trustee of those funds,
- 6:18Speaker 1: So if you're an industry fund with like Australian Super,
- 6:21Speaker 1: if you're a retail fund with say BT, the trustee
- 6:24Speaker 1: will say, hey, you need to increase your pension payments
- 6:26Speaker 1: and make sure you take out the minimum. You were
- 6:28Speaker 1: taking 2.5%, but this financial year you need to take
- 6:31Speaker 1: out 5%. But it's probably the people in the self-managed
- 6:34Speaker 1: super funds who are the ones that are potentially going
- 6:37Speaker 1: to be caught out because they're the trustee themselves and
- 6:40Speaker 1: they're the one responsible for making sure that they meet
- 6:42Speaker 1: the minimum requirements.
- 6:43Speaker 3: Is that right, Tim?
- 6:43Speaker 4: That's right, yeah.
- 6:46Speaker 3: Good. Moving on to family trusts.
- 6:48Speaker 1: I read about this recently in The Australian, and it
- 6:50Speaker 1: was quite interesting that there's some things that people need
- 6:53Speaker 1: to do before the end of the financial year if
- 6:54Speaker 1: they run their own family trust, generally in conjunction with
- 6:57Speaker 1: their advisor being a tax accountant on the trust.
- 7:00Speaker 3: Did you want to run through what that is?
- 7:02Speaker 4: Yeah, certainly.
- 7:03Speaker 2: So the main one is to make sure you get
- 7:06Speaker 2: your resolutions in place for your income distribution. ATO has
- 7:12Speaker 2: done a lot of work in this space in the
- 7:13Speaker 2: last few years in sort of making sure that people
- 7:18Speaker 2: are making their resolutions. And if not, you can be
- 7:23Speaker 2: caught out paying the highest marginal rate of tax inside
- 7:27Speaker 2: the trust if it's left undistributed. So you've got to
- 7:31Speaker 2: make sure you do a resolution, make sure that resolution
- 7:34Speaker 2: is compliant with your deed. And, yeah, I guess also
- 7:40Speaker 2: making sure that you've– paid through that amount to your
- 7:43Speaker 2: beneficiary which you've got a little bit of time to
- 7:45Speaker 2: do that but um but you need to make sure
- 7:47Speaker 2: that you you're doing what you're saying you're going to
- 7:49Speaker 2: do in that resolution it's very.
- 7:52Speaker 1: Important and for individuals does this apply the instant tax
- 7:58Speaker 1: write-off i believe there's an amount and you can run
- 8:00Speaker 1: through the the details of how many thousands of dollars
- 8:03Speaker 1: people can buy things for and then write them off
- 8:06Speaker 1: straight away is that was that more a business thing.
- 8:07Speaker 2: Yeah that's uh definitely a business thing james the um
- 8:12Speaker 2: businesses can, I think they've passed it in the last budget,
- 8:17Speaker 2: it's $ 20, 000. Now, this is a massive change from last
- 8:20Speaker 2: year where we had temporary full expensing under the sort
- 8:24Speaker 2: of COVID honeymoon rates there where they were letting everyone
- 8:30Speaker 2: write off everything they bought.
- 8:32Speaker 4: So people would go and buy.
- 8:33Speaker 2: A new piece of equipment, could be $ 100, 000, $ 500, 000, they'd
- 8:36Speaker 2: claim the whole thing and write it off. But They've
- 8:40Speaker 2: reduced that back down to a meagre $ 20, 000 as soon
- 8:45Speaker 2: as all the budget provisions pass the parliament. But, yeah,
- 8:50Speaker 2: that's only for businesses and individuals. They're sort of stuck
- 8:54Speaker 2: with the usual $ 300 threshold, which is very old and
- 8:59Speaker 2: dates back to the 80s or whenever it was that
- 9:02Speaker 2: it was put as a, what is an asset and
- 9:07Speaker 2: over that amount need to depreciate. So if you're going
- 9:09Speaker 2: to go buy that computer for $ 1, 000 in your personal tax,
- 9:13Speaker 2: you need to depreciate it. But yes, it's $ 300, anything
- 9:19Speaker 2: less than that, you can write it straight off.
- 9:21Speaker 4: So yeah.
- 9:24Speaker 2: Good.
- 9:24Speaker 1: And June is a very popular trading time for the
- 9:28Speaker 1: share market. There's a lot of volume that goes through
- 9:30Speaker 1: and that's partially attributed to people selling things in June
- 9:35Speaker 1: for tax reasons. Do you want to run us through
- 9:38Speaker 1: at a high level what people can and can't do
- 9:41Speaker 1: with regards to selling shares for a loss? Can they
- 9:44Speaker 1: just buy the exact same shares back in July? I
- 9:47Speaker 1: know that the ATO have a thing called wash.
- 9:49Speaker 3: Sales, which they don't really like. So yeah, maybe if
- 9:52Speaker 3: you can run us through all that.
- 9:53Speaker 4: Yeah.
- 9:53Speaker 2: So you've said it there, basically acting, doing things for
- 9:58Speaker 2: the sake of tax. Now, the ATO have, you know,
- 10:03Speaker 2: tax avoidance rules, which are basically if you're making a
- 10:06Speaker 2: decision just for the sake of saving tax, then you've
- 10:10Speaker 2: got a bit of a problem. Now, it's obviously everybody
- 10:15Speaker 2: does things that are tax effective and they try to
- 10:18Speaker 2: do things that are tax effective. But if you're specifically
- 10:22Speaker 2: coming up to the end of financial year and you're
- 10:24Speaker 2: trying to save some money on tax and you go, oh,
- 10:26Speaker 2: I've got these shares sitting there at a $ 20, 000 loss,
- 10:30Speaker 2: so I'll sell those shares and lock in that loss
- 10:34Speaker 2: so that I can offset that against my other gains.
- 10:37Speaker 2: And then maybe I just buy back exactly the same
- 10:39Speaker 2: parcel of shares the next day or even the same day.
- 10:43Speaker 2: It's not going to fly with the ATO because they
- 10:47Speaker 2: basically call that a wash sale. It's purely done for
- 10:54Speaker 2: the tax advantage of it, and they don't see it
- 10:57Speaker 2: as a decision that's been made for any other reason
- 11:00Speaker 2: other than that. And that's when you can fall afoul
- 11:03Speaker 2: of the ATO. But essentially, you've got to be considering
- 11:06Speaker 2: if you're doing it for a financial decision, which is
- 11:09Speaker 2: more in your camp there, James. So if you've got clients,
- 11:13Speaker 2: they've got a good reason to sell things. and obviously
- 11:16Speaker 2: it works for them to be doing that towards the
- 11:18Speaker 2: end of financial year and there's also tax advantages to
- 11:21Speaker 2: do that, then that shouldn't be a problem. And then
- 11:24Speaker 2: later on, if they want to change their mind on
- 11:28Speaker 2: that and there's another financial reason behind that, then that's
- 11:32Speaker 2: a different issue. But it's more if you're just making
- 11:34Speaker 2: that decision, you know, just for the sake of tax avoidance.
- 11:39Speaker 3: That's crystal clear.
- 11:42Speaker 1: End of financial year, we've been talking about this now
- 11:44Speaker 1: for 10 minutes. What I want to ask in the
- 11:48Speaker 1: final part of this part of our chat is around
- 11:51Speaker 1: who should be having a tax planning meeting with their accountant?
- 11:54Speaker 1: Because we hear that term thrown around, tax planning, end
- 11:57Speaker 1: of financial year. Is it people that run businesses? Should
- 12:01Speaker 1: an individual who's a pay-as-you-go with one investment property, should
- 12:04Speaker 1: they be contacting their accountant? What sort of relevant circumstances
- 12:08Speaker 1: should people have to be warranting a tax planning meeting?
- 12:11Speaker 4: Meeting. Right.
- 12:13Speaker 3: Okay.
- 12:13Speaker 2: Well, I think I do often get asked by people,
- 12:18Speaker 2: can we talk about my tax? And they might just
- 12:21Speaker 2: be an individual with just a wage that's coming through
- 12:26Speaker 2: and they've already spent what they've spent on things. They're
- 12:31Speaker 2: not going to buy any more or do anything different.
- 12:35Speaker 2: There's not a lot of point to them having a
- 12:39Speaker 2: tax planning meeting, paying hundreds of dollars to an accountant
- 12:43Speaker 2: or even thousands for them to run through things with
- 12:46Speaker 2: them if they can't do much. But obviously, the benefit
- 12:54Speaker 2: comes more when you've got complex tax structures and things
- 13:00Speaker 2: like trusts and companies. And also, maybe you have a
- 13:04Speaker 2: lot of capital gains and different assets that you own.
- 13:09Speaker 2: Maybe you have a family trust with other other investments
- 13:12Speaker 2: that are bought and sold, or maybe you have even
- 13:14Speaker 2: property and you just want to see where you could
- 13:16Speaker 2: be sitting. Like with property owners, quite often people might,
- 13:21Speaker 2: in their tax planning meeting, might consider maybe prepaying a
- 13:25Speaker 2: few things, which might bring forward a few deductions if
- 13:28Speaker 2: that's going to benefit them in this financial year. So look,
- 13:32Speaker 2: it's all about scale and it's all about what you
- 13:35Speaker 2: can do. Your accountant should be able to give you
- 13:37Speaker 2: a good idea just to you know, quickly whether or
- 13:41Speaker 2: not one would benefit you. But, yeah, it is quite
- 13:44Speaker 2: common for me to say, oh, look, it's probably not
- 13:46Speaker 2: going to be worth your while once you consider the cost. But, yeah,
- 13:50Speaker 2: those with businesses, yeah, pretty well it could benefit them.
- 13:55Speaker 2: It's just whether or not they, you know, how much
- 13:59Speaker 2: it's going to benefit them really.
- 14:01Speaker 4: Yep.
- 14:01Speaker 3: And that makes sense.
- 14:02Speaker 1: So horses for courses, common sense applies. The more complex
- 14:06Speaker 1: your situation is, the more likely it is that.
- 14:09Speaker 3: You should have a tax planning meeting.
- 14:11Speaker 1: But it sounds like anyone can have a tax planning
- 14:13Speaker 1: meeting if they're an accountant. They're just going to be
- 14:14Speaker 1: charged for it and the benefit might not be exceeding
- 14:17Speaker 1: what the cost is. Yeah. All right. Well, I'm very
- 14:19Speaker 1: excited to get on to our next segment. It's around
- 14:23Speaker 1: I heard a friend say this at a barbecue. Can
- 14:26Speaker 1: I do this as well? But before we jump into that,
- 14:29Speaker 1: let's take a short break. Hello and welcome back to
- 14:31Speaker 1: The Money Puzzle. I'm James Gerrard, writer, contributor to the
- 14:34Speaker 1: Wealth section of The Australian and also founder of financialadvisor.com.au.
- 14:39Speaker 1: This week on the show, I have Timothy Ricardo, Certified
- 14:41Speaker 1: Practicing Accountant from Central Coast of Sydney. Now, before we
- 14:46Speaker 1: get started on this particular part of the episode, I
- 14:48Speaker 1: just want to remind all of our listeners that everything
- 14:50Speaker 1: that we discussed is general information and should not be
- 14:53Speaker 1: taken as personal tax or personal financial advice. So, please
- 14:56Speaker 1: seek out a qualified advisor before making any decisions. Now, Timothy,
- 15:00Speaker 1: I've compiled a list of questions that I've heard over
- 15:03Speaker 1: the years in regards to tax. And most of these
- 15:06Speaker 1: have come about from someone saying, I was at a
- 15:09Speaker 1: barbecue and my friend told me that they're doing this.
- 15:12Speaker 1: Why can't I do this? Or I was at a
- 15:14Speaker 1: party and someone told me they're doing this. Or I
- 15:17Speaker 1: was in a taxi and a taxi driver said that
- 15:19Speaker 1: he's doing this. So I've got a good dozen or
- 15:21Speaker 1: so of these questions. Are you ready to confirm or
- 15:24Speaker 1: dispel these tax myths?
- 15:26Speaker 2: Yeah, this sounds like it's going to be... quite a
- 15:29Speaker 2: painful one here, James. I think this is probably why
- 15:32Speaker 2: I don't attend many barbecues, apart from.
- 15:36Speaker 4: The obvious of, you know, always too busy to do so.
- 15:41Speaker 4: I don't know.
- 15:43Speaker 3: All right, well, here we go. The first one.
- 15:45Speaker 1: If I have a family trust, can I distribute $ 416,
- 15:50Speaker 1: which is the tax-free threshold for a minor, to each
- 15:52Speaker 1: of my 50 nieces and nephews as a tax-free distribution?
- 15:56Speaker 1: So that would be an extra $ 20, 000 per year tax-free
- 15:59Speaker 1: if somebody distributed $ 416 to 50 people under the age
- 16:04Speaker 1: of 18 who are family members. So what do you
- 16:06Speaker 1: reckon about that one, Tim?
- 16:08Speaker 2: Wow, that's a lot of nieces and nephews there, James.
- 16:11Speaker 2: I think I've got, what is it, 16? nieces and nephews,
- 16:16Speaker 2: so I thought I was doing pretty well, but 50,
- 16:20Speaker 2: that's a good number. Look, I think it wouldn't be
- 16:25Speaker 2: recommended as an initial comment, mainly because the ATO's focus
- 16:30Speaker 2: on distributions and making sure you're following through on those
- 16:34Speaker 2: distributions and issues surrounding just paper distributions and then taking
- 16:41Speaker 2: the money yourself. But it's also a risky practice anyway,
- 16:45Speaker 2: distributing to a whole lot of people, because perhaps your
- 16:49Speaker 2: deed doesn't allow you to distribute to them. Or maybe
- 16:52Speaker 2: you have a family trust election in place, which doesn't
- 16:55Speaker 2: allow you to distribute to nephews and nieces. So you
- 16:59Speaker 2: can talk to your accountant about that one, but it's
- 17:01Speaker 2: certainly not a case of 20 grand tax-free in your
- 17:05Speaker 2: pocket if you decide to distribute to your 50 nieces
- 17:09Speaker 2: and nephews.
- 17:09Speaker 4: Do you know all their names, James? I do.
- 17:12Speaker 1: My beautiful wife, Kiara, she's Vietnamese and her parents, both
- 17:17Speaker 1: of them have large families. So her mother is like
- 17:20Speaker 1: one of 12 and her dad's about the same. And
- 17:23Speaker 1: so almost everybody is family one way or another. So
- 17:27Speaker 1: picture this scene, Timothy, family barbecue happens to be a
- 17:31Speaker 1: bank nearby with an ATM and there's a line with
- 17:34Speaker 1: 50 little kids there. and someone's standing there pulling out
- 17:39Speaker 1: $ 420 at a time and distributing it to each of
- 17:41Speaker 1: the 50 nieces and nephews, and the trustee says that
- 17:44Speaker 1: that can be done.
- 17:45Speaker 3: How are we feeling about that now?
- 17:47Speaker 2: Look, I'm feeling terrible about it, James, but that's okay.
- 17:50Speaker 2: I think we're going to keep moving. Keep moving.
- 17:54Speaker 4: Give me the next one.
- 17:56Speaker 3: All right, I'm a contractor.
- 17:58Speaker 1: Can I operate through a P2I limited structure to reduce
- 18:01Speaker 1: my tax bill by having multiple shareholders to pay income to?
- 18:04Speaker 1: So just to elaborate on that a little bit more,
- 18:06Speaker 1: a contractor, rather than they contract and invoice themselves and
- 18:11Speaker 1: pay up to 47% tax, the question here is can
- 18:15Speaker 1: we just use a company structure and invoice and I
- 18:18Speaker 1: can split my income to multiple people through that company
- 18:21Speaker 1: structure so I don't have to pay 47% tax? Okay, so....
- 18:25Speaker 2: I think there's a lot could be said about this one.
- 18:27Speaker 2: I've had this question recently. It's a pretty common thing,
- 18:32Speaker 2: people wanting to try to use structures as a bit
- 18:35Speaker 2: of a sham business, you know, to try to distribute income.
- 18:41Speaker 2: The bottom line is you just need to watch out
- 18:43Speaker 2: for what's called personal incomes, the personal services income provisions,
- 18:48Speaker 2: and the ATO don't really allow you to split what–
- 18:53Speaker 2: psi what's called psi income um so they uh what
- 18:58Speaker 2: they're looking at doing there would probably be contrary to
- 19:02Speaker 2: the rules uh you just need to look at how
- 19:04Speaker 2: the business is running whether it satisfies other um conditions
- 19:08Speaker 2: 80 20 rule results test to see if maybe it's
- 19:11Speaker 2: um a personal services business um but generally the questions
- 19:16Speaker 2: uh surrounding these is to try to make people um
- 19:20Speaker 2: like i said set up businesses that um that are
- 19:22Speaker 2: not really businesses and, yeah, they're charading as such.
- 19:27Speaker 4: So, yeah, watch out.
- 19:28Speaker 1: Okay, so it sort of sounds like the tax office,
- 19:30Speaker 1: just look at intentions. If something looks like you're doing
- 19:33Speaker 1: something to try and get around paying tax illegitimately, they're
- 19:36Speaker 1: probably going to rule it that way in short.
- 19:39Speaker 2: Well, they've probably already got rules in place to close
- 19:43Speaker 2: those loopholes. But, yeah, certainly if that's your taxi cab
- 19:48Speaker 2: driver giving you that advice, James, I'd be very wary.
- 19:53Speaker 1: All right.
- 19:54Speaker 3: Zero from two. Let's see if we can get a
- 19:55Speaker 3: yes on something.
- 19:57Speaker 1: Can I become a tax resident of a tax-free country
- 20:00Speaker 1: such as Vanuatu? and then register a business there, start
- 20:05Speaker 1: invoicing through that and pay no tax.
- 20:07Speaker 3: It sounds pretty good, doesn't it?
- 20:08Speaker 2: It sounds amazing. Except that I'd be out of a
- 20:13Speaker 2: job if I moved over there. That's the only problem, James,
- 20:16Speaker 2: not having any tax to pay. But for all of
- 20:19Speaker 2: our Vanuatu listeners, potentially they could be over there and operating.
- 20:24Speaker 2: But for any of you who want to actually live
- 20:27Speaker 2: and reside or have a home or work in Australia,
- 20:31Speaker 2: then most of the time the answer is going to
- 20:33Speaker 2: be no, James. So I don't think that that's really
- 20:38Speaker 2: a viable option if you're in Australia and operating in Australia. And, yeah,
- 20:44Speaker 2: there's lots of complex rules here. You need to talk
- 20:47Speaker 2: to your advisors about this one, particularly if you may
- 20:52Speaker 2: be looking at a dual sort of citizenship or residency.
- 20:56Speaker 2: There's all sorts of– tax residence issues to consider there.
- 21:01Speaker 4: Okay.
- 21:02Speaker 1: So it sounds like if you live in Australia, work
- 21:05Speaker 1: in Australia, there's no way or it's unlikely to be
- 21:09Speaker 1: able to be classified as a VATU and tax resident
- 21:12Speaker 1: and pay no tax.
- 21:14Speaker 3: Well, let's try again.
- 21:16Speaker 1: Can we buy an investment property or investment properties all
- 21:19Speaker 1: around the country and travel to them and claim the
- 21:22Speaker 1: travel costs as a tax deduction because I'm going to
- 21:25Speaker 1: inspect my investment property and coincidentally it lines up with
- 21:29Speaker 1: a school holiday and they just might take a bit
- 21:31Speaker 1: of extra time staying in that location as well.
- 21:35Speaker 4: Okay.
- 21:35Speaker 2: So this one's been a no as well, James. You
- 21:39Speaker 2: should have mixed these up a bit more and put
- 21:42Speaker 2: some yes ones in there, but I... feel like a
- 21:45Speaker 2: bit of a wet blanket. But no, travel has not
- 21:49Speaker 2: been allowed with rental properties since 2017, something like that.
- 21:57Speaker 2: So it's been a number of years now that travel
- 22:00Speaker 2: can't be claimed. But also with holiday homes, you've got
- 22:03Speaker 2: to be careful because you've got to reduce your claims
- 22:08Speaker 2: when you're using them personally as well. So there's also
- 22:10Speaker 2: a bit of another trap to be watching out for
- 22:13Speaker 2: when you're when you're looking at holiday investment properties.
- 22:19Speaker 3: Okay, well, I'm determined to get a yes out of you.
- 22:21Speaker 3: Let's try this one. Assume I have a.
- 22:24Speaker 1: Dog and I work from home as well. Can I
- 22:28Speaker 1: claim my dog food and pet bills as a expense
- 22:32Speaker 1: because my dog, although it's a chihuahua, doubles as a
- 22:35Speaker 1: guard dog?
- 22:37Speaker 4: Once again, yes.
- 22:40Speaker 2: Like I said, I don't attend many barbecues. If these
- 22:43Speaker 2: are the type of questions I don't think I'll go
- 22:46Speaker 2: to any time soon. But generally no, well, pretty well
- 22:52Speaker 2: that's going to be a no, especially if it's a
- 22:54Speaker 2: chihuahua there, James. But some businesses that require legitimate guard dogs,
- 23:00Speaker 2: you know, then, you know, they can sort of claim
- 23:03Speaker 2: those sort of expenses for those barbecues. for looking after
- 23:09Speaker 2: their guard dogs and that sort of thing. But for
- 23:12Speaker 2: your general run-of-the-mill sort of home office worker, that's going
- 23:16Speaker 2: to be a definite no. Okay.
- 23:20Speaker 1: I feel like there's a yes coming on this one.
- 23:23Speaker 1: who can claim gym membership as a tax deduction? So
- 23:26Speaker 1: if someone asserts that I need to be physically fit
- 23:29Speaker 1: for my work and so part of me staying fit
- 23:32Speaker 1: for my work is going to the gym, I want
- 23:35Speaker 1: to claim that as a tax deduction. Is this possible
- 23:37Speaker 1: under any circumstances?
- 23:38Speaker 4: Absolutely. There we go. Hooray, finally.
- 23:42Speaker 2: Yeah, so look, as far as someone who's got an
- 23:47Speaker 2: elite level of fitness, someone that's emergency services, workers that are, um,
- 23:54Speaker 2: at that higher level, you know, and you've got your
- 23:57Speaker 2: personal trainers, um, other professional athletes, anyone that's, um, sort
- 24:03Speaker 2: of ticks those boxes of, of requiring an elite level of,
- 24:07Speaker 2: of fitness, then yes, they, they can claim that, um,
- 24:10Speaker 2: for your, um, I mean, you've got your Simpsons picture of, uh,
- 24:15Speaker 2: of what police officers look like, um, uh, I'm not
- 24:19Speaker 2: saying that that's what they all look like, but obviously
- 24:22Speaker 2: the general police officer or the, you know, your sort
- 24:26Speaker 2: of general worker that doesn't require that high level.
- 24:28Speaker 4: Of fitness, it's going to be a no.
- 24:30Speaker 2: But, yeah, there's certainly options there, ability to claim when
- 24:36Speaker 2: you've got that high level of fitness required.
- 24:39Speaker 3: Like what?
- 24:40Speaker 1: What's an elite sort of level of fitness or what
- 24:43Speaker 1: sort of roles? Are we talking like a labourer who
- 24:45Speaker 1: works in the building industry?
- 24:48Speaker 4: No, it is going to be few and far between.
- 24:51Speaker 2: To be honest, it is, yeah, I wouldn't have many
- 24:55Speaker 2: of these that I've had. I had a few professional
- 25:00Speaker 2: sort of sports people and they all are able to
- 25:04Speaker 2: claim their gym membership.
- 25:06Speaker 4: You've also got.
- 25:09Speaker 2: I had an actual specific rescue worker that, you know,
- 25:14Speaker 2: required a higher level. Certainly, you know, like your SAS,
- 25:18Speaker 2: your army people that require that higher level as well
- 25:21Speaker 2: of fitness.
- 25:23Speaker 4: Yeah, they are few and far between.
- 25:25Speaker 2: And, you know, out of every thousand tax returns, you
- 25:29Speaker 2: might have maybe half a dozen or so. There's not
- 25:35Speaker 2: going to be many, James. So it's nothing to really
- 25:38Speaker 2: write home about. But yes, it is a possibility.
- 25:44Speaker 1: All right. What about if I'm a professional dog walker
- 25:47Speaker 1: and I'm walking five dogs at a time, five times
- 25:51Speaker 1: a day, I need my cardio fitness, Tim?
- 25:53Speaker 3: Can I claim gym?
- 25:54Speaker 4: You just want me to say no again, don't you?
- 25:58Speaker 4: All right.
- 25:58Speaker 1: I think everyone knows the answer to that. And I
- 26:00Speaker 1: think Tim thinks that the ATH is listening to this.
- 26:02Speaker 1: We'll move on to the next one. Now, continuing on
- 26:06Speaker 1: the home office theme, I work in a home office.
- 26:08Speaker 1: I just bought a new TV and speakers for my
- 26:12Speaker 1: home office.
- 26:13Speaker 3: Can I claim that as a tax deduction?
- 26:15Speaker 2: Okay, so this would be a capital asset anyway because
- 26:20Speaker 2: we spoke before about the $ 300 threshold. But that aside,
- 26:27Speaker 2: it depends on whether you're using it for business or not.
- 26:29Speaker 2: So it would need to be depreciated, number one. which
- 26:33Speaker 2: means basically you have to claim it over a number
- 26:36Speaker 2: of years. So you can't just claim $ 10, 000 off your
- 26:40Speaker 2: tax for that. But, yes, you certainly would need to
- 26:44Speaker 2: have a legitimate claim there as far as it's not
- 26:48Speaker 2: being used privately, and any private use would have to
- 26:51Speaker 2: be apportioned out of that. Now, how you did that,
- 26:54Speaker 2: the problem you're going to come up with is substantiation,
- 26:58Speaker 2: so trying to prove that you use it for work Certainly,
- 27:02Speaker 2: if you're in the audio-visual space and you have lots
- 27:05Speaker 2: of meetings and it's set up in your home office
- 27:09Speaker 2: that you've got specifically set up for work and it's
- 27:12Speaker 2: being used 100% for work, then yes, that would be
- 27:15Speaker 2: a potential to claim. But, yeah, trying to prove that
- 27:20Speaker 2: is often the challenge people have, the substantiation requirements, which
- 27:26Speaker 2: the onus is sort of on the taxpayer there to...
- 27:29Speaker 2: to be able to prove that.
- 27:31Speaker 4: So, yeah.
- 27:32Speaker 3: Good.
- 27:33Speaker 1: All right. Well, before we go through more of my
- 27:34Speaker 1: friend told me that they're doing this, can I do this?
- 27:37Speaker 1: Let's take another short break. Hello and welcome back to
- 27:40Speaker 1: today's episode of The Money Puzzle. I'm James Girard, this
- 27:43Speaker 1: week's host. And I have Timothy Ricardo, Certified Practicing Accountant
- 27:47Speaker 1: from the Central Coast of Sydney.
- 27:49Speaker 3: Now, Timothy, the next one's a little bit risque.
- 27:51Speaker 1: And any listeners with children, maybe just pause this or
- 27:55Speaker 1: skip a minute forward.
- 27:57Speaker 3: So you've been warned.
- 27:58Speaker 1: Now, the question is, if I worked in the adult industry,
- 28:02Speaker 1: can I claim silicon implants as a tax deduction being
- 28:05Speaker 1: tools of trade?
- 28:07Speaker 4: Well, James, I.
- 28:10Speaker 2: Would have left the barbecue at this point. So I
- 28:15Speaker 2: don't know that I... I'm not keen on these questions.
- 28:18Speaker 3: Oh, you're not going to dodge this one. I want
- 28:20Speaker 3: an answer out of you for this one.
- 28:22Speaker 2: You just want me to answer no again, which I'm
- 28:24Speaker 2: going to say it is a no from me. Certainly cosmetic,
- 28:30Speaker 2: medical has been ruled out for a long time and
- 28:32Speaker 2: cosmetic sort of, you know, cosmetic medical procedures have been
- 28:38Speaker 2: sort of excluded from, you know, being able to be claimed.
- 28:42Speaker 2: Certainly not as a tools of trade either.
- 28:44Speaker 4: So I think.
- 28:46Speaker 2: Yeah, I'm going to– I couldn't say that I've had
- 28:50Speaker 2: experience with this one, but I wouldn't be jumping to
- 28:53Speaker 2: allow that one.
- 28:54Speaker 4: All right, moving right along.
- 28:55Speaker 1: And listeners, you can bring your children back in the room.
- 28:59Speaker 1: Can I claim my children's school fees as a tax
- 29:01Speaker 1: deduction as an education expense because I plan to employ
- 29:05Speaker 1: my children in the future in my business? No.
- 29:09Speaker 2: Unfortunately, that's another one that people used to distribute actually
- 29:14Speaker 2: through their trusts because– a lot of education facilities, they're
- 29:20Speaker 2: all charities under education charities. So people used to distribute
- 29:26Speaker 2: to this 20 odd years ago. I remember it happening
- 29:29Speaker 2: quite a lot, but then they decided that that was
- 29:32Speaker 2: an actual benefit to the beneficiary rather than to um
- 29:37Speaker 2: the charity itself so yeah this hasn't been um allowed
- 29:42Speaker 2: for some time in any sort of uh way shape
- 29:44Speaker 2: or form so that's.
- 29:46Speaker 1: Another no james all right feel free to say yes
- 29:50Speaker 1: you know we indemnified ourselves we said that this is
- 29:52Speaker 1: just general information so no one's going to go and
- 29:54Speaker 1: do anything um No one's going to get any implants
- 29:57Speaker 1: or anything like that.
- 29:58Speaker 3: So it's all okay.
- 29:59Speaker 1: Next one is, can I register as a motor vehicle dealer,
- 30:03Speaker 1: buy luxury cars, not pay the luxury car tax, which
- 30:05Speaker 1: I think that doesn't happen when you're a motor vehicle dealer,
- 30:08Speaker 1: but anyway, you can answer this, drive the car and
- 30:10Speaker 1: then sell it for a profit a year or two
- 30:12Speaker 1: later because you didn't sell the luxury car tax. So
- 30:15Speaker 1: something along the lines of you spend $ 200, 000 on the
- 30:17Speaker 1: car and I don't know what the luxury car tax is,
- 30:19Speaker 1: but let's just say it's like 30,000. So it costs
- 30:22Speaker 1: you 170, you drive it for a year, you sell
- 30:24Speaker 1: it for 170 or thereabouts and then you've got a
- 30:27Speaker 1: free car and you just keep doing that over and
- 30:28Speaker 1: over sounds great it.
- 30:30Speaker 2: Sounds really great um the problem you're going to fall
- 30:33Speaker 2: uh into there is fringe benefit tax and that is
- 30:36Speaker 2: if you're using the car personally anyway um it's going
- 30:40Speaker 2: to be caught up and um fringe benefit tax is
- 30:44Speaker 2: something you pay on the full value of the car
- 30:46Speaker 2: so if you're talking about your two hundred thousand dollar
- 30:48Speaker 2: ferrari aspirations there james um and you're using that car personally,
- 30:52Speaker 2: you know, obviously the ATO wants you to pay some
- 30:56Speaker 2: tax on that. So what that means is fringe benefit
- 31:00Speaker 2: tax applies, um, on the full value.
- 31:03Speaker 4: Of the car. And yeah, you just, that would all
- 31:05Speaker 4: need to be factored in. Yeah.
- 31:07Speaker 2: As far as, uh, any scheming here, James, I certainly
- 31:12Speaker 2: would not want to support anything there. That's, uh, you know,
- 31:15Speaker 2: just to try to fund your, um, your $ 200, 000 Ferrari.
- 31:20Speaker 2: So I would, as your accountant, I would advise against
- 31:23Speaker 2: this as well.
- 31:24Speaker 3: All right. Last one then.
- 31:26Speaker 1: On social media platforms, I see all the time, there's
- 31:32Speaker 1: ads for self-help, business incubator type things, go out there
- 31:36Speaker 1: and make a squillion dollars. We can help you to
- 31:39Speaker 1: do it. Come join our program and it's good as done.
- 31:43Speaker 1: Can you claim the cost of those things as a
- 31:45Speaker 1: tax deduction in the education area?
- 31:48Speaker 3: Okay.
- 31:49Speaker 2: So education is something that they've actually released a ruling
- 31:56Speaker 2: on this just recently, the ATO have, to give a
- 31:59Speaker 2: bit more clarity surrounding education claims. There were two things that.
- 32:06Speaker 2: Sort of limbs of being able to claim education expenses.
- 32:10Speaker 2: One of them being that it was going to increase
- 32:12Speaker 2: your income in your current income earning activity. And the
- 32:15Speaker 2: other one is that it's going to improve the skills
- 32:18Speaker 2: in your current income earning activity. So there's got to
- 32:21Speaker 2: be the connection to what you're doing. And the problem
- 32:24Speaker 2: that people usually have with education, self-education, is that it
- 32:29Speaker 2: doesn't link up with what they're currently earning their income on.
- 32:33Speaker 2: So if I'm an accountant and I think that, well,
- 32:37Speaker 2: financial planning is pretty easy. And look, most of us
- 32:40Speaker 2: do think that, really. So we think we might become
- 32:43Speaker 2: financial planners as well, like you, James, because you're someone
- 32:49Speaker 2: that we all look up to as a successful individual.
- 32:54Speaker 2: If I start doing some financial planning courses and want
- 32:57Speaker 2: to claim them, my current income earning doesn't relate to that. Now,
- 33:01Speaker 2: I would have a hard time trying to link up,
- 33:06Speaker 2: you know, that would seem quite related to accounting, but
- 33:09Speaker 2: you'd have a hard time linking that up to your
- 33:11Speaker 2: income earning. Now, there may be some crossover there and
- 33:14Speaker 2: you might get some increase in skills relating to your accounting,
- 33:19Speaker 2: but it's a real... They're really cracking down on this
- 33:23Speaker 2: one as well. So specifically for your question, I wouldn't
- 33:26Speaker 2: say they'd be earning any money from that particular venture,
- 33:31Speaker 2: certainly initially. So getting those self-education claims up front is
- 33:35Speaker 2: probably not going to occur either.
- 33:38Speaker 3: Sure thing.
- 33:39Speaker 4: All right.
- 33:39Speaker 1: Well, I'm out of questions. Hopefully our listeners learnt a
- 33:43Speaker 1: lot from that.
- 33:44Speaker 3: Yeah.
- 33:46Speaker 1: If anything, they probably learnt don't invite Timothy to their
- 33:48Speaker 1: barbecue and don't ask him any tax questions because he's
- 33:51Speaker 1: going to say no to everything.
- 33:52Speaker 3: But there were one or two yeses and a few
- 33:54Speaker 3: maybes in there. So I think that was somewhat useful.
- 33:56Speaker 2: I feel like this was orchestrated. This is trying to
- 33:59Speaker 2: make me look bad here, James.
- 34:01Speaker 1: No, it just shows that there's tax laws in place
- 34:04Speaker 1: and everything's black and white and it's there.
- 34:06Speaker 3: For a reason.
- 34:07Speaker 1: Well, I'm just going to throw one more curveball question
- 34:09Speaker 1: at you before we wrap up for today. I know
- 34:11Speaker 1: it's a really big question, but try and pick your
- 34:14Speaker 1: brain and get some concise answers here. Now, over the years,
- 34:20Speaker 1: people constantly ask me for recommendations to accountants, and my
- 34:24Speaker 1: observations are that the best accountants, such as Timothy Ricardo here,
- 34:30Speaker 1: have lots of clients, but they also– focus somewhat their
- 34:34Speaker 1: time on the clients that have structures, so run businesses,
- 34:38Speaker 1: have family trusts, run self-managed super funds. And I'm sure
- 34:41Speaker 1: Timothy would love to be able to help absolutely everybody,
- 34:45Speaker 1: but there's only a certain amount of time that these
- 34:47Speaker 1: elite accountants have. And so, they need to focus their
- 34:50Speaker 1: time with the right clients. So, my question is, how
- 34:54Speaker 1: can an everyday mom and dad with a relatively simple
- 34:57Speaker 1: tax situation two incomes, maybe an investment property, maybe a
- 35:02Speaker 1: share portfolio, how do they make sure that they're getting
- 35:05Speaker 1: the best tax advice and tax service when they do
- 35:10Speaker 1: their tax returns every year if they want to use
- 35:12Speaker 1: a professional? Because generally the best accountants are busy with
- 35:16Speaker 1: the bigger fish, I guess you could say.
- 35:17Speaker 2: Yeah, well, look, that's a really good question.
- 35:22Speaker 4: Individuals, yeah, it is a difficult one.
- 35:24Speaker 2: Because accountants are often looking at those sort of touchpoint required,
- 35:31Speaker 2: touchpoints required with a client and how much you're having
- 35:35Speaker 2: to spend with each client. But essentially, if you can
- 35:38Speaker 2: find an accountant that obviously ticks the boxes as far
- 35:42Speaker 2: as their registrations are concerned and they're either CPAs or CAs,
- 35:47Speaker 2: they've got the qualification, being able to have that conversation
- 35:51Speaker 2: with them either before or after your tax return, feel
- 35:55Speaker 2: free to to ask any of your questions. And if
- 35:59Speaker 2: you can do it at the same time, rather than
- 36:03Speaker 2: the ad hoc little questions throughout the year, it's easier
- 36:07Speaker 2: if you can sort of try to build that, I suppose,
- 36:14Speaker 2: structure surrounding that annual meeting you have with them to
- 36:17Speaker 2: get the use out of that. And certainly it might
- 36:20Speaker 2: cost you a little bit more seeing a qualified professional
- 36:24Speaker 2: that's willing to give you the time face to face, but, um,
- 36:28Speaker 2: but yeah, certainly it, it can, um, pay dividends. So
- 36:32Speaker 2: I suppose from that point of view, James, um, try
- 36:35Speaker 2: to find someone that you can, you can actually access and, um,
- 36:40Speaker 2: and have, um, and, and, you know, sort of draw
- 36:43Speaker 2: on their experience and, and also one that's going to
- 36:46Speaker 2: provide them updates and, you know, like yourself sending out
- 36:50Speaker 2: newsletters and, and making sure that, um, key issues are
- 36:54Speaker 2: being addressed so that they don't miss anything.
- 36:59Speaker 3: Yeah, I agree.
- 37:00Speaker 1: And from personal experience, I'd add that you have to
- 37:02Speaker 1: actually like your accountant. So whichever accountant you use, you
- 37:05Speaker 1: have to feel comfortable to be able to communicate with them,
- 37:08Speaker 1: email them, pick up the phone and get back to
- 37:10Speaker 1: them when they're asking you things as well.
- 37:13Speaker 4: Do you agree, Tim?
- 37:13Speaker 1: Yeah, absolutely.
- 37:14Speaker 4: Absolutely.
- 37:15Speaker 3: There we go. Well, that's a wrap for today's episode.
- 37:18Speaker 1: Timothy Ricardo, Certified Practicing Accountant from Sydney's Central Coast. Thank
- 37:22Speaker 1: you for your contribution today. It was very informative and
- 37:25Speaker 1: we went through lots of different tax and accounting topics.
- 37:28Speaker 4: Very good. Thank you for having me.
- 37:29Speaker 3: My pleasure.
- 37:30Speaker 1: And to our listeners, thank you for tuning in to
- 37:32Speaker 1: today's episode of The Money Puzzle. The show will return
- 37:35Speaker 1: to its regular format next week when James Kirby returns.
- 37:38Speaker 1: But in the meantime, send us your questions. I'm sure
- 37:40Speaker 1: James would love to see a full inbox to dig
- 37:42Speaker 1: his teeth into next time. You can tweet us your
- 37:44Speaker 1: questions and thoughts. Just use the hashtag TheMoneyPuzzle, all one word,
- 37:47Speaker 1: or email us at themoneypuzzle at theaustralian.com.au. Until next time,
- 37:52Speaker 1: I'm James Gerrard.
- 37:53Speaker 3: Talk to you soon.
- 38:02Speaker 4: Thank you.