Transcript Slide 1

PROFESSIONAL
LEGAL
PRACTITIONERS
MARCH 2005
SEGMENT
AUDIENCE
DATE
GST intermediate
Presented by: Norman Kochannek
Australian Taxation Office
GST INTERMEDIATE
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Overview
 Accounting rules
 Insurance
 Tax invoices
 Business deductions
 Disbursements
 Tax Office’s legal database
 Trust accounts
 Hire purchase
 Asset disposal
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Accounting rules
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Accounting rules
You can account for GST on a cash basis in three situations:
 current or projected annual turnover is $1 million or less
 currently accounting for income tax on a cash basis, or
 Commissioner’s determination.
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Accounting rules
If you account on a cash basis, you account for GST when:
 you receive a payment for a supply (GST collected), and
 you make a payment for an acquisition (GST paid).
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Accounting for GST - cash basis
July Aug Sept Oct Nov
First Quarter
1 July Issued Invoice
Dec
Second Quarter
Jan Feb Mar
Third Quarter
1 October Received Payment
Monthly and cash basis - GST
charged to be sent in by 21 November
Quarterly and cash basis - GST
charged to be sent in by 28 February
Accounting rules for non-cash basis
If you account for GST on a non-cash basis, you account for
GST when:
 you issue an invoice or receive any payment for a supply
(GST collected), whichever is the earlier, and
 you receive an invoice or make any payment for your
acquisitions (GST paid), whichever is the earlier.
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Accounting for GST –non-cash basis
July Aug Sept Oct Nov
First Quarter
1 July Issued Invoice
Dec
Second Quarter
Jan Feb Mar
Third Quarter
1 October Received Payment
Monthly and non-cash basis - GST
charged to be sent in by 21 August
Quarterly and non-cash cash basis - GST
charged to be sent in by 28 October
Cash basis by law
 Held to be most appropriate for sole practitioners
accounting for income tax purposes*
(* FCT v Firstenberg (1976) 6 ATR 297)
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Tax invoices
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 Sample
2
3
invoice for
less than
$1,000
4
7
15 Burshag Road
Festler NSW 2755
Date: 1 March 2001
Building Company
254 Burshag Road
Festler NSW 2755
8
9
5 Description of supply
Qty
500
7
invoice for
$1,000
or more
Tax Invoice
Windows to Fit Pty Ltd
ABN: 32 123 456 789
To:
10
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1
Window Frames
GST
TOTAL PRICE INCLUDING GST
Value
$15.00
$1.50
Total
$7,500
$750
6
$8,250
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Accounting - tax invoices
Other types of tax invoices:
 contracts
 written agreements
 reimbursements.
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Commissions
 An agent prepares a contract on the sale of a house for
$400,000
 An agent charges commission ($22,000)
 Agent needs to remit 1/11 of commission
 Agent keeps $20,000, GST remitted is $2,000
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Disbursements
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Disbursements
 Payment of money to lawyer ‘up front’
 Incur costs on behalf of client
 No win/no fee
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Trust accounts
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Trust accounts
 Operation of trust account
 Operation of general business account
 Normal bank account
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Hire purchase
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Hire purchase versus lease
With hire purchase:
 cash basis - claim credit for each payment
 non-cash - claim all credit on receipt of invoice.
With a lease:
 cash basis - claim credit each payment
 non-cash - claim credit each instalment.
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Asset disposal
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Trade-ins
If you are registered for GST, and you trade-in a business
asset, your supply of the trade-in is a taxable supply
Example:
 photocopier trade-in value $2,300
 1/11th, or $209, is GST to be reported on your activity
statement and sent in to the Tax Office.
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Selling a motor vehicle
If you are registered for GST and:
 you sell a motor vehicle that was used in your business,
then
 1/11th of the selling price is GST which must be reported
on your activity statement and sent to the Tax Office.
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Part private use
If the vehicle was used partly for private purposes, you may
be able to claim a decreasing adjustment (also applies to
trade-ins).
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Sale of motor vehicle example
 Ian purchased a utility for $1,100
 He used the vehicle 80% for business and 20% for
private purposes
 He has claimed a GST credit of $80 (80% x $100)
 He sells the utility for $550 including GST
What are the GST implications of the sale?
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Motor vehicle example
 Ian will report and pay $50 GST to the Tax Office
 Decreasing adjustment claim on sale
1/11 x $550 x (1-80/100) = 50 x 20% = $10
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Insurance
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Insurance
 If you claim a GST credit, and advise the insurance
company of the business usage on the insurance you will
not be liable for GST on any insurance pay out
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Component of payout
 Insurance fees
 Settlement of clients costs
 Loss of income stream
 Pain & suffering
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Cash settlement
 The insured purchased business contents insurance from
a general insurer for $1,330
 The policy premium consisted of:
- base premium
$1,200
- GST on policy
$ 120
- stamp duty on policy
$
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Cash settlement – taxable goods
100% entitlement to ITC
$120 GST
No DA
Insurer
$800 ITC
$120 ITC
Premium
$1330
Insured
$
$8000
$8800
Builder
$800 GST
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Business deductions
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Business deductions
Deductions reduce the amount of tax you pay
To claim a general deduction, you must:
 have paid or incurred the expense
 show a relationship to your business, and
 ensure the expense is not of a private, domestic or capital
nature.
You must have kept records
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Business deductions
 Claim deductions for expenses that are necessarily
incurred in carrying on your business. The expense:
- is not of a private or domestic nature
- is not a capital expense.
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Income tax expenses and GST
 Income tax legislation denies a deduction for the GST
amount if it can be claimed as a GST credit
 The amount of GST is not included in the calculation of a
deduction if an entity:
- is registered for GST, and
- Is entitled to the GST credit equal to the amount.
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Common deductions
 Interest on business loans
 Wages to employees
 Supreme Court library fees
 Occupation-specific clothing
 Annual Practising Certificate
 Professional indemnity insurance
 Advertising
 Business premises
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Expenses that you cannot claim
 Admission fees
 Club membership fees
 Fines
 Suspension from practice
 Newspapers
 Glasses and contact lenses
 Driver's licence
 Child care
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Tax Office’s legal database
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Summary
 Accounting rules
 Tax invoices
 Disbursements
 Trust accounts
 Hire purchase
 Asset disposal
 Insurance
 Business deductions
 Tax Office’s legal database
GST INTERMEDIATE
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Need more information?
 Phone
13 28 66
 Order a fax
13 28 60
 Translating and interpreting service
13 14 50
 Hearing or speech impairment
13 36 77
 Obtaining copies of publications
1300 720 092
 Reporting information about tax evasion
1800 060 062
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Questions
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Our commitment to you
The information in this presentation is current at March 2005.
In the taxpayers' charter we commit to giving you information and advice you can rely on.
If you try to follow the information contained in our written general advice and publications, and in doing so you make an
honest mistake, you won't be subject to a penalty. However, as well as the underpaid tax, we may ask you to pay a general
interest charge.
We make every effort to ensure that this information and advice is accurate. If you follow our advice, which subsequently
turns out to be incorrect, or our advice is misleading and you make a mistake as a result, you won't be subject to a penalty
or a general interest charge although you'll be required to pay any underpaid tax.
You are protected under GST law if you have acted on any GST information in this presentation. If you have relied on GST
advice in this Tax Office presentation and that advice has later changed, you will not have to pay any extra GST for the
period up to the date of the change. Similarly, you will not have to pay any penalties or interest.
If this information does not cover your circumstances, you can seek further information from our website at
www.ato.gov.au, or help from the Tax Office or a professional adviser. Since we regularly revise our presentations to take
account of any changes to the law, you should make sure this edition is the latest.
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