Welcome back! This week was very much a mixed bag of offerings on the tax news front with some good, and some bad news delivered. The first part of the podcast we discuss the foreign residen 10% withholding regime, in some detail (but not nealry enough), and then finish on, surprise surprise, SMSF warnings form the ATO. You can hear it all below:
Foreign Resident 10% Withholding Regime
From 1 July 2016, purchasers who acquire interests in Australian land valued at $2m or more from foreign resident vendors will be required to pay 10% of the first element of the asset's cost base (usually, the purchase price) to the Commissioner of Taxation (Commissioner).
If the purchaser fails to pay this amount on or before settlement, they may be liable to an administrative penalty equal to the 10% they failed to withhold.
The purchaser will not be subject to the withholding requirement where the vendor obtains and produces a clearance certificate from the Commissioner in respect of transactions involving TARP or company title interests. The clearance certificate, which will be valid for 12 months, must be provided to the purchaser prior to settlement.
Where a vendor is disposing of an indirect real property interest (but not a company title interest), the purchaser may rely on the knowledge condition, or a residency declaration, to exclude the withholding requirement.
We will look to discuss this in further detail in another blog post or video.
Deductibility of gifts to clients
This determination provides that a taxpayer who carries on a business is entitled to a deduction under s 8-1 of ITAA 1997 for an outgoing incurred on a gift made to a former or current client if the gift is characterised as being made for the purpose of producing future assessable income.
The outgoing is not deductible where it is of a capital nature, relates to the gaining of exempt or non-assessable non-exempt income, or some other provision of the income tax law prevents it from being deductible.
Example
Sally is carrying on a renovation business. Sally gifts a bottle of champagne to a client who had a renovation completed within the preceding 12 months.
Sally expects the gift will either generate future business from the client or make them more inclined to refer others to her business. Although Sally got on well with her client, the gift was not made for personal reasons and is not of a private or domestic character.
Deduction for Airport Lounge Membership Fee
This determination provides that an employer is entitled to a deduction under
s 8-1 of ITAA 1997 for annual fees incurred on an airport lounge membership for use by its employees where that membership is provided because of the employment relationship.
The ATO notes that the annual fees will be deductible in full even if there is substantial private use of the lounge membership by employees.
- See more at: http://www.wiseaccounting.com.au/media/wap027-tax-news-4th-august-2016#sthash.iXqes4a1.dpuf