November 9, 2023
Navigating the Property Investment Tax Landscape
Investing in property comes with its own set of financial responsibilities, and understanding the various taxes associated with investment properties is crucial for a successful and financially sound journey.

Investing in property comes with its own set of financial responsibilities, and understanding the various taxes associated with investment properties is crucial for a successful and financially sound journey. At Attune Advisory we believe in empowering you with knowledge to help you make informed decisions on your own, alongside offering you tailored advice when you need it.

With that in mind we thought we’d explore the four types of taxes relating to investment property that you need to be well-versed in: stamp duty tax, land tax, income tax, and capital gains tax.

 

1: Stamp Duty

What is Stamp Duty? Stamp duty, also known as transfer duty, is a tax imposed when the ownership of an investment property is transferred from the seller to the buyer. Unfortunately, the Australian Tax Office (ATO) does not permit claiming stamp duty as a tax deduction. 

Calculating Stamp Duty: A Case Study Let's consider Jenna, who purchases a $330,000 investment property in New South Wales. The stamp duty scale is tiered based on property value. In Jenna's case, she calculates her stamp duty to be $10,185. However, being a first-time buyer, she qualifies fora total stamp duty exemption under the First Home Buyer Assistance Scheme.

Factors Influencing Stamp Duty:

  • State or territory of residence
  • Property value
  • First-time buyer status

It's important to note that stamp duty is applicable to all transfers of title, including those between family members or ownership structures.

2: Property Investment Land Tax

Unlike stamp duty, land taxis an ongoing annual payment based on the unimproved value of the land you own. The unimproved value excludes buildings, paths, landscaping, and fences. There are some extras to consider when it comes to land tax, which are usually well documented on your state’s government website – here’s the link for NSW: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/land-tax

Calculating Land Tax: To start with, we suggest discussing your position with the Attune team to ensure tax calculations (of any kind) are calculated correctly. Having said that, let’s continue with New South Wales as an example of location for this purpose. The above website offers a tool to help you start the calculation process, which can be found here: https://www.apps09.revenue.nsw.gov.au/erevenue/calculators/landtax.php

 Important Note: The Northern Territory is the exception, as it does not require property investors to pay land tax.

3: Income Tax on Investment Property

Income generated from your investment property is subject to income tax. Combining this with your other sources of income, such as salary and other investments, is essential for accurate assessment in your annual tax return. And, once again, we advise you speak with your Attune team member for the right guidance so you can be completely confident in your tax position.

Tax Deductions for Investors: Investors can claim various deductions, including immediately deductible rental expenses and those claimable over several years, such as depreciation (again, we’ll be able to help with your deductions and their eligibility).

Key Consideration: You cannot claim tax deductions for expenses like stamp duty, loan repayments, and costs paid by your tenant.

4: Capital Gains Tax (CGT)

If you plan to sell your investment property, you may be liable to pay capital gains tax on the profit made from the sale.

Exemptions and Concessions: Fortunately, the Australian Tax Office provides exemptions and concessions, such as the MainResidence (MR) exemption, the 6-year rule, the six-month rule, and the 50% CGT discount. Each of these rules has their own criteria to be met that we can walk you through when the time comes to consider selling an investment property.

Key Takeaways:

Paying tax on investment property is inevitable, but being well-informed about these tax types allows you to account for them and potentially take advantage of exemptions and deductions. Seeking tailored, professional advice from the team at Attune Advisory can result in significant savings or at the very least, accuracy in accounting when it comes to your liability and tax position. Whether you're a first-time buyer or an experienced investor, understanding the tax landscape is crucial for financial success, which is ultimately the reason we invest in property at all!

While every effort has been made to ensure accuracy in the above at the time of writing, this guide is intended as an overview, not exhaustive advice. As usual with any tax matter, we strongly suggest you seek professional advice for legal, tax, or investment issues specific to your circumstances from the Attune Advisory team.

If you’d like to discuss your property investment position or are planning for the future with property investment, contact us today for strategic and tailored advice that fits your needs. Call the team on 1800 866 113 or send us an email to start the conversation – you won’t regret it!

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October 30, 2023
The Advantages of Self-Managed Superannuation
When it comes to securing your financial future, self-managed superannuation funds (SMSFs) have gained immense popularity in Australia, and for good reason. SMSFs offer unique benefits for individuals and families looking to take control of their retirement savings.

When it comes to securing your financial future, self-managed superannuation funds (SMSFs) have gained immense popularity in Australia, and for good reason. SMSFs offer unique benefits for individuals and families looking to take control of their retirement savings.

With that in mind, here we will explore some of the many advantages of self-managed superannuation. First however, we’ll remind you that the team at Attune Advisory have the knowledge and experience to guide you through every stage of your own SMSF journey with tailored, strategic advice to help you secure your financial future.

Ok, let’s get started…

Greater Control

One of the standout advantages of an SMSF is the level of control it provides over your retirement savings. Unlike industry or retail superannuation funds, where your investments are managed by external professionals, an SMSF allows you to make investment decisions that align with your financial goals. With your SMSF, you can invest in a variety of assets, including property, shares, fixed income, and more.This control empowers you to tailor your investments to suit your risk tolerance and preferences.

Investment Diversification

Diversification is a key principle of sound financial planning. SMSFs offer a unique advantage in this regard. You have the freedom to diversify your investments across a wide range of asset classes, spreading risk and potentially increasing your returns.Whether you prefer growth assets like stocks and real estate or more conservative options such as term deposits or government bonds, an SMSF allows you to create a well-balanced and diversified portfolio.

Tax Efficiency

Another significant advantage of SMSFs is the potential for tax savings. The tax rate for SMSFs is generally lower compared to personal income tax rates. This can result insignificant savings on capital gains tax (CGT) and income tax, allowing your investments to grow more efficiently. Additionally, SMSFs can be used to implement strategic tax planning, contributing to long-term financial security.

Estate Planning

SMSFs are an excellent tool for estate planning. With an SMSF, you have greater control over how your superannuation benefits are distributed upon your passing. You can establish binding death benefit nominations, ensuring your assets go to the intended beneficiaries. This level of control is especially important if you have unique family dynamics or wish to provide for loved ones with specific needs.

Flexibility in Retirement Planning

SMSFs offer flexibility that can be tailored to your specific retirement goals. You can choose when to start your pension, how much you withdraw, and whether you take lump sum payments or regular income. This flexibility allows you to structure your retirement income in the most tax-effective way, ensuring that your retirement years are comfortable and enjoyable.

Potential Cost Savings

While setting up and running an SMSF does incur costs, it can often be more cost-effective, particularly for those with larger superannuation balances. The fees associated with retail or industry superannuation funds can eat into your retirement savings over time. With an SMSF, you have more control over where and how your money is spent, potentially resulting in cost savings in the long run.

Customised Investment Strategy

Your SMSF allows you to create a personalised investment strategy. You can adjust your investments based on your changing circumstances and financial goals. Whether you are planning for your first home, your children's education, or funding your dream retirement, you have the flexibility to align your investments according to your life-stage.

Transparency and Visibility

With an SMSF, you can access your financial information in real-time. This transparency allows you to stay informed about your investments' performance and make adjustments as necessary. You're not in the dark, wondering how your superannuation is being managed, and you have complete visibility and control over your fund's transactions and investments.

To conclude, self-managed superannuation funds offer an array of advantages that make them a compelling choice if you’re seeking to secure your financial future. Greater control, investment diversification, tax efficiency, and flexibility in retirement planning are just a few of the benefits that make SMSFs an attractive option.

If you're interested in exploring the advantages of self-managed superannuation for yourself, it's crucial to seek professional guidance. At Attune Advisory, our team of experts specialises in helping you navigate the complexities of SMSFs.With personalised advice and tailored strategies, we can help you make the most of your self-managed superannuation fund.

 

Take control of your financial future with an SMSF – contact Attune Advisory today on 1300 866 113 to discuss how to get started. Your retirement goals are within reach, and an SMSF could be the key to achieving them.

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October 21, 2023
Unlocking the 15-Year Exemption for Small Business CGT
Navigating the intricate landscape of tax legislation, particularly when it involves theCapital Gains Tax (CGT), can be a perplexing journey for many small business owners. The CGT realm may seem like a labyrinth of rules and regulations, that can leave you with uncertainties about potential exemptions and how to optimise your tax position.

Navigating the intricate landscape of tax legislation, particularly when it involves theCapital Gains Tax (CGT), can be a perplexing journey for many small business owners. The CGT realm may seem like a labyrinth of rules and regulations, that can leave you with uncertainties about potential exemptions and how to optimise your tax position.

With that in mind, we’ll aim to shed light on the 15-year exemption for small business CGT and demonstrate why your best nextstep might be to chat to the team at Attune Advisory to delve deeper into your specific circumstances and how they might fit into the exemption.

Understanding the Fundamentals 

Capital Gains Tax, often abbreviated as CGT, is the tax levied on the profit generated from the sale of a capital asset, whether it be property, shares, or even your own business. Navigating the complexities of CGT, especially when selling a business, can be a daunting task, given the numerous regulations set out by the Australian Tax Office (ATO)– this is where we can help ...

Start by picturing a scenario where your business could be exempt from this tax. That's where the15-year exemption for small business CGT comes into play. This provision was established to offer long-standing small businesses a reprieve when they sell their assets after an extended period.

Criteria for the 15-Year Exemption

To qualify for the 15-year exemption, certain criteria must be met:

  • Asset Ownership: The asset must have been owned continuously for at least 15 years.
  • Age and Retirement: You must be an Australian resident, aged 55 or older, and considering retirement.
  • Active Asset: The asset must have been an active asset for at least 7.5 of those 15 years.

It's vital to understand the nuances of each criterion. For instance, the "active asset" requirement means the asset must have been actively used in your business operations and not merely held for speculative purposes. This distinction adds complexity to the eligibility which we can help clear up for you if you’re in this position. 

Benefits of theExemption

Beyond the obvious benefit of not paying CGT, the 15-year exemption can offer other financial advantages:

  • Superannuation Contributions: It can be used to contribute to your superannuation, potentially enhancing your retirement savings.
  • Incentive for Reinvestment: This exemption provides a compelling incentive for long-standing businesses to reinvest in new ventures or assets.

Frequently Asked Questions

  1. Partial Ownership Period: Can my business qualify if it hasn't operated for the entire15 years?
    Yes, the asset must be owned for 15 years, but it doesn't need to be active for the entire duration. It should be an active asset for at least 7.5 years during the ownership period.
  2. Unforeseen Circumstances: Does this exemption apply if the asset is sold due to unforeseen circumstances before retirement?
    There are scenarios where the ATO may consider providing the exemption, especially in cases of disability or terminal illness. Consult with a tax expert to better understand your unique situation.
  3. Multiple Uses: Can I use this exemption multiple times?
    You can use the 15-year exemption on various assets, but it's crucial to meet the eligibility criteria each time.Additionally, there are caps on the total amounts you can contribute to superannuation using this exemption.

The 15-year exemption for small business CGT offers significant relief to long-standing businesses in Australia. Business owners can make informed decisions about their assets by understanding this provision and its benefits. Keep in mind that every business's situation is unique, and what applies to one may not apply to another.

Sound like something that might fit you? Here’s what to do next…

Speak with an expert.Our dedicated team can provide clarity about your eligibility or offer guidance on various tax-related concerns. We're here to alleviate the stress of navigating the financial maze – in this instance the 15-year CGT exemption. Don't hesitate to book an appointment via email or give us a call on 1300 866 113.

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October 16, 2023
Get To Know Division 293 Tax
As you’re no doubt, acutely aware, running a business inAustralia requires careful oversight of your tax obligations to ensure your financial affairs are truly in order. One such tax that may not be on your radar is Division 293 tax.

As you’re no doubt, acutely aware, running a business inAustralia requires careful oversight of your tax obligations to ensure your financial affairs are truly in order. One such tax that may not be on your radar is Division 293 tax.

Below, we will shed some light on what Division 293 tax is and why it's essential for you as an Australian business owner to be aware of it…

What Is Division 293 Tax?

Division 293 tax is an additional levy introduced by theAustralian Taxation Office with a specific target: high-income earners. Its purpose is to minimise the generous tax benefits high-income individuals might receive from their superannuation contributions. Normally, superannuation contributions are taxed at a concessional rate of 15%. However, Division 293tax essentially doubles this rate for certain high-income earners, imposing an extra 15% tax on their contributions.

Here's a key point to note: If the combined total of your adjusted taxable income and your Division 293 super contributions for a financial year equals $250,000 or more, you could be liable for this additional tax.

Am I Considered a High-Income Earner?

You might wonder if you qualify as a high-income earner. TheATO has specific criteria for this classification. You are deemed a high-income earner if your Division 293 income exceeds $250,000 in a financial year. This income is determined through the 'Adjusted Taxable Income' calculation, which takes into account various components, including your taxable income and personal concessional contributions.

Why Does Division 293 Tax Exist?

The ATO introduced this tax to bridge the gap between the tax concessions available to high-income earners and those accessible to average-income earners regarding superannuation contributions. The existence ofDivision 293 tax is basically all about promoting equity in the Australian tax landscape, ensuring that all Australians, regardless of their income, benefit from tax concessions fairly and equitably.

Examples of Division 293 Tax Calculations

Let's illustrate the application of Division 293 tax with a couple of examples:

Individual Scenario: Suppose your Adjusted TaxableIncome is $300,000 with concessional super contributions of $27,500 in the 2023 financial year.

  • Division 293 Tax = $27,500 * 15% = $4,125

Business Owner Scenario: If your Adjusted TaxableIncome is $240,000 with concessional super contributions of $27,500 in the 2023 financial year.

  • Division 293 Tax = $17,500 * 15% = $2,625 (since only $17,500 exceeds the $250,000 threshold).

Frequently Asked Questions

  1. How will I know if I owe Division 293 Tax? Once you have lodged your individual tax return and the ATO has collected information from your superannuation funds, they will assess whether you owe any Division 293 Tax. If you do, the ATO will send you a notice detailing their calculations and when the payment is due.
  2. What are my payment options? You can choose to pay directly from your personal bank account. Alternatively, you can fill out a nomination form to have the amount deducted from your superannuation account.
  3. Can I avoid this tax? While it's absolutely essential to adhere to all tax obligations, your Attune team member can guide you through the most appropriate strategy for your situation that may reduce your Division 293 tax liability.

If you're a small to medium-sized business owner and have questions about Division 293 Tax and its implications for you and your business, it's crucial you speak with the Attune team so we can provide clarity and the best way forward for you.

We invite you to book an appointment via our website or call us on 1300 866 113. Our team of specialists is hereto guide you through the intricacies of your tax obligations and associated laws, ensuring that you're compliant and taking advantage of the best financial strategies for your business.

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