Magic Millions Disclaimer: The views and information in this article are that of PAUL CARRAZZO CPA and are reproduced with permission it may be relevant and useful to some of our clients.
ATO ANNOUNCE – THEY’RE CHASING YOUR LOSSES!
Due to the vagaries of the racing and breeding industry, tax losses are very common, especially in the early years, thus the industry should always take special notice if the ATO launches special projects focusing on tax losses.
I hope I have your attention now, as a release in the past week from the ATO has made it quite clear that it will not only be individuals who will wear the brunt of their crackdown on the claiming of illegitimate tax losses.
As background, individuals have been in the ATO’s sights for many years, highlighted by the tightening of the “Non-Commercial Loss” rules in the 2009 Budget, this change make it far more difficult for high income earners with an “adjusted taxable income” of over $250,000 to claim tax losses immediately.
This latest announcement has now put the onus on “Small-Medium Enterprise” (“SME”) to ensure that the claiming of their tax losses are within accepted ATO guidelines, so now entities such as companies and trusts, and not just individuals, are firmly within the sights of the ATO. For the record, a SME is a business whose turnover is within the range of $2 million to $250 million p.a.
What does the ATO release say?
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The release emphasizes that a large number of businesses in the small-to-medium enterprise (SME) market segment are reporting tax losses following the global economic downturn. Due to this, the ATO are “stepping up” their focus on businesses reporting losses. The major focus of the ATO will be to ensure losses are incurred and used in accordance with the tax law, and they intend to:
ATO “losses” project strategy As part of the ATO tax loss initiatives for 2011, they will be undertaking the following campaign activities in the coming weeks. Pre-lodgment awareness campaign The ATO will write to selected SME companies (via their Accountant) with carried forward tax losses in their 2009 income tax return. Their letters will provide “educational” guidance about common issues associated with revenue losses. Verification campaign The ATO will write to selected SMEs (via their Accountants) in early April that generated, deducted or carried forward significant tax losses in the 2008 or 2009 income year. This letter will notify them that they may seek further verification of those loss amounts through a questionnaire, or where necessary, a more formal review or audit process. The ATO will notify those SMEs they select for verification purposes via their tax agents in late April early May 2011.
What do you need to do? If your racing and/or breeding entity has reported losses in either the 2008 or 2009 income year, I strongly suggest you take the opportunity to check these losses to ensure that they are still eligible to use them. Some common mistakes the ATO have indentified, or are likely to identify, include:
What is a horse business for ATO purposes? It goes without saying that my office has seen many instances over the years where SMEs have had their business status questioned by the ATO and their tax losses put at risk. I don’t expect this ATO project to be any different and I’m sure many breeders and owners will come under scrutiny, thus it’s crucial that your tax losses are reviewed for eligibility before the ATO darkens your doorstep… In summary, the primary business factors the ATO wants demonstrated for a horse breeding business and/or racing business to be accepted are listed below and are sourced from guidelines within the ATO tax rulings TR 2008/2 and TR 97/11 and related case law in this area:
N.B. The taxpayer need not demonstrate all of these factors, however the existence of a business is enhanced by the activity demonstrating as many of these factors as possible. Whether an activity is a taxation “business” will always be decided as a question of fact. |
You are welcome to contact the writer if you wish me to clarify or expand upon any of the matters raised in this release.
End of release.
DISCLAIMER
Any reader intending to apply the information in this article to practical circumstances should independently verify their interpretation and the information’s applicability to their particular circumstances with an accountant specialising in this area.
Prepared by:
PAUL CARRAZZO CPA
CARRAZZO CONSULTING CPAs
22 BLACKWOOD ST, NORTH MELBOURNE VIC 3051
TEL: (03) 9329 7044
FAX: (03) 9329 8355
MOB: 0417 549 347
E-mail: [email protected]
Web Site: www.carrazzo.com.au


