How do I do that?
The Tax Office has just released its 2008-09 compliance program
- effectively a road map for taxpayers wanting to avoid potential
problem areas. Because it can't audit every single return, the
regulator focuses on what it sees as high-risk areas, which means
if you fall into one of these categories, you should take extra
care.
So what's the focus this year?
A lot of the old favourites have cropped up again. Two of the
biggest areas of claims made by individuals are work-related and
rental property expenses, and they'll both be getting extra
attention again. With work-related expenses, the Tax Office says it
will pay particular attention to occupations with a pattern of
large and/or rising claims, returns that don't fit the pattern for
a particular occupation and claims in returns lodged by tax agents
that are outside the norm for their client base. It's also looking
more closely at claims from nurses, medical practitioners and
chefs.
With rental property expenses, the Tax Office says
under-reporting income and overclaiming expenses is an ongoing
problem. This year it will focus on landlords who incorrectly claim
deductions for interest or those whose claims for capital works
exceed the construction expenditure. It will also be looking for
tax returns where initial repair or renovation costs are
incorrectly claimed as repairs and maintenance, non-deductible
claims for body corporate fees to cover the cost of capital
improvements or capital repairs, borrowing expenses where claims
are incorrectly claimed for stamp duty on the purchase of the
property and incorrect return schedules.
A new area of focus this year is super contributions. The Tax
Office says it will be looking to find taxpayers who have
overclaimed deductions for their super contributions (or claimed
deductions they are not entitled to) or who have made excess
contributions.
How will it do that?
Super funds must report all member contributions to the Tax
Office. It says it will match this information against returns to
check that claims match what the fund received and that the
contribution caps have not been exceeded. If they have, it will
levy an excess contributions tax. If you've exceeded the
non-concessional cap (for non tax-deductible contributions), you'll
also be sent a compulsory release authority to withdraw the tax
amount from the fund.
What other claims are under scrutiny?
Executives and directors first appeared on the list last year
and have cropped up again. The Tax Office says it will write to
public company executives who appear to have under-reported income,
with a focus on shares and options received as part of their
remuneration. It's also expanding its sights to senior executives
of private and foreign-owned companies. Failure to report equity
benefits and cash or profit share bonuses is a key area of
interest. It says it is also checking the returns of individuals
involved in takeovers to ensure income and capital gains are
correctly reported.
Asset sales are also a focus for the broader population. The Tax
Office says capital gains tax compliance seems to be improving but
it's still expanding its data matching to identify asset sales
which may not have been properly accounted for. This year it will
match information on asset transactions from state and territory
title and revenue offices, securities exchanges and share
registries, and reports from managed funds.
It says its reviews of at-risk cases (taxpayers who have been
identified as being more likely to have errors in their returns)
will include people who made a gain from disposing of assets to
invest in super.
There is, of course, an ongoing focus on tax minimisation
schemes - both legal and dodgy, tax havens and schemes such as
those offering early access to super. If you own a business, be
warned the Tax Office will be stepping up its use of data matching
to target people who may have under-reported income or overclaimed
expenses and will conduct more than 5000 cash economy audits or
reviews.
It is also looking at partnership and trust distributions to
ensure they are properly declared.