The ATO is stepping up its education campaigns for small businesses.
They are reminding small businesses with turnover between $1 million to $10 million that it’s important you report income and claim deductions and offsets correctly.
Meeting your tax and GST obligations ensures you and other small businesses can compete on a level playing field. The ATO is keen to point out that it closely monitors, conducts audits and applies penalties and interest where necessary.
Common issues seen by the ATO
These issues mainly apply to businesses in the property and construction industry and the professional, scientific and technical services sector:
Incorrect claims for the R&D tax incentive (R&DTI), especially for activities that don't meet the eligibility criteria
Omitting sales and income in the BAS and tax returns, including income from related entities
Overclaiming expenses and GST credits
Private expenses incorrectly reported as business-related, or not properly apportioned between business and personal use
Failure to register for GST when required
Not seeking independent advice from a registered tax agent, particularly in head contractor and subcontractor arrangements
How to get your tax right
To do your tax right, you need to:
Report all assessable business income
Include cash income and any deposits into business or private accounts that relate to your business activities
If your income is primarily generated from your personal skills and effort, the personal services income (PSI) rules may apply. You'll need to complete specific questions in your tax return and associated schedules
Correctly report business expenses and deductions
Ensure all business expenses are accurately reported
If an asset is used for both business and private purposes, you must apportion the expense correctly
Only claim deductions that are directly related to your business activities and supported by appropriate records
Correctly claim the R&DTI offset
You can only claim the offset if you've actually carried out eligible R&D activities during the income year
Ensure your notional deductions – such as R&DTI expenses, asset depreciation and contributions under the Cooperative Research Centres Program – are eligible
Maintain complete and accurate records that detail the R&DTI activities undertaken and support the amount claimed, including documentation such as project reports, staff timesheets and evidence of who conducted the activities and when
Register your R&DTI activities with the Department of Industry, Science and Resources (DISR). Registration with DISR is mandatory but it does not confirm eligibility or guarantee payment of the tax offset
Ensure you're seeking advice from a registered tax agent. Be cautious of R&D consultants who don't ask you for supporting evidence or who suggest claims that seem overly generous or too good to be true
Action and consequences
If the ATO suspects you haven’t met your reporting obligations, they may:
Contact you or your tax professional to review your engagement processes and help reduce exposure to high-risk subcontractor arrangements
Request that you fix a mistake or amend your tax return or adjust or fix your BAS
Seek further information to understand your circumstances and determine whether amendments are required
Conduct a review or audit of your business – if they identify non-compliance, penalties and interest charges may apply
For more information or assistance please contact Infinite Accounting Solutions on 02 9899 4730 or via the contact page at www.ias-ca.com.au.
Source: ATO