for sale sign

Selling property? Understand the tax implications first

Know the Tax Consequences before you sell property

ATO flags income tax, CGT and GST issues for business property transactions

If your business or entity is planning to sell property, it’s important to understand how the transaction will be treated for tax purposes. The Australian Taxation Office (ATO) has issued a timely reminder that the way property sales are taxed depends on the purpose of ownership and how the property has been used.

Business Property Sales May Be Taxable

If you’re in the business of buying and selling property or even developing property for resale, you may be assessed on revenue account, not capital account. This means the entire profit from the sale could be considered ordinary income, and not eligible for capital gains tax (CGT) discounts.

The key considerations are:

  • Was the property acquired with the intention to resell for profit?
  • Was the property used in a business of property development or subdivision?
  • Have you previously engaged in similar transactions?

In these cases, tax applies to 100% of the gain and CGT concessions may not be available.

Capital Gains Tax May Apply in Other Situations

If the property was held as a long-term investment and not part of your trading stock, CGT may apply instead. This could allow for CGT discounts if the asset was held for more than 12 months.

Factors affecting CGT include:

  • The nature of the entity (individual / trust / company)
  • The holding period of the asset
  • Whether it qualifies for any small business concessions.

GST Could Be Involved Too

If you are registered for GST and the property transaction is part of your enterprise, you may need to account for GST on the sale. However, if the sale qualifies as the “sale of a going concern” or involves farmland, GST concessions may apply.

Property transactions can trigger complex tax implications depending on your business structure, purpose and transaction history. Incorrect treatment can result in significant tax liabilities and penalties.

Need clarity on your property tax position?

Talk with your accountant or business advisor before you list or sell. We’re here to help you navigate the tax implications and make informed decisions.

CONTACT ALLAN BUSINESS BUSINESS ADVISORS

EOFY blocks

Trust Distribution reminder 30 June 2025

As we approach the end of the financial year all trustees need to consider their trust distributions for 30th June 2025.

Trustee minutes document the trustee’s decision (determination) in relation to the distribution of income to the beneficiaries for the financial year, and many Trust Deeds require the decision to be made and documented prior to the end of the financial year.

This is a reminder for you to make sure you make your determinations before the end of the 30th June, and we provide a link to a pro forma document (below) to help you record the decisions. This document should be dated and signed, and retained by you for your records.

If you have any questions, please contact us on 02 9981 2300.

CONTACT ALLAN HALL BUSINESS ADVISORS BROOKVALE

Compliance cogs

ATO compliance spotlight on legal profession

Lawyers in Tax Office’s compliance spotlight

The Australian Taxation Office (ATO) has expressed concerns about issues within the legal profession following recent compliance activities.

While the majority of legal practitioners meet their tax obligations, the ATO has identified a significant number who are not fulfilling their responsibilities, particularly in lodging returns, accurately reporting income and paying tax on time.

A common issue observed is the incorrect reporting of distributions from partnerships and associated service trusts. Lawyers who divert legal practice income to associated entities may be classified as high-risk and attract compliance attention.

To assist legal professionals in assessing and managing their tax risk, the ATO offers an online resource that outlines inappropriate alienation of income and the compliance actions that may follow.

To address non-compliance, the ATO has taken actions such as:

  • Conducting reviews and audits
  • Issuing default assessments
  • Applying garnishee notices
  • Entering into payment arrangements
  • Initiating prosecutions

Legal professionals are urged to:

  • Ensure all tax lodgements are up to date (including income tax, GST, FBT, superannuation and other obligations)
  • Correctly report trust and partnership distributions
  • Accurately declare all income
  • Lodge on time, every time
  • Voluntarily disclose any missed tax obligations
  • Ensure compliance with PCG 2021/4

Non-compliance can have serious professional consequences. In one case, the Queensland Civil Administration Tribunal upheld a decision by the Bar Association of Queensland that a barrister was unfit to practise due to multiple failures, including unpaid tax liabilities dating back to 2019. A review of more than 250 lawyers found that 85% had failed to lodge tax returns, with some having multiple years overdue. As a result of these investigations, the ATO has raised $28 million in liabilities by securing outstanding lodgements and identifying omitted income.

To further support its compliance efforts, the ATO is set to receive a significant funding boost. As part of the 2024–25 Federal Budget, the government has allocated nearly $1 billion in additional resources over four years. This investment will enhance the ATO’s ability to pursue tax avoidance and improve the integrity of the tax system, particularly among high-wealth individuals, closely held businesses and professional service firms. Read 2025-26 Budget summary here »

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International Services

US Tariff Announcement

Context

On 2 April 2025, U.S. President Donald Trump announced a series of new tariffs, collectively referred to as the “Liberation Day” tariffs, aimed at restructuring international trade relationships and bolstering domestic industries.

These measures include a universal baseline tariff of 10% on all imported goods, with additional reciprocal tariffs targeting specific countries based on their existing trade barriers against U.S. products.

Canada and Mexico are excluded from this round of Tariffs.

Key Aspects of the “Liberation Day” Tariffs

Baseline Tariff: A 10% tariff applies to all imports into the United States, effective 5 April 2025.

Reciprocal Tariffs: Additional tariffs are imposed on countries with significant trade barriers against U.S. goods. Notable examples include:

  • China 34%
  • EU 20%
  • Japan 24%
  • India 26%

Automobile Tariffs: A 25% tariff on all foreign-made automobiles is set to take effect at midnight on 3 April 2025.

Based on information available at this stage, Bloomberg estimates that these country-specific tariffs could add up to around 17 percentage point (ppt) the US average effective tariff rate, using the 2024 US trade composition.

  • The White House flagged that these new tariffs won’t come on top of the sectoral levies on steel and aluminium, as well as the new duties on cars and car parts due to start from April 3. Energy imports are also excluded, as well as some other products already threatened by additional sectoral tariffs.
  • The new tariffs will be additional to levies already charged on individual countries, according to the executive order.
  • Taking this into account, Bloomberg estimates that these new “reciprocal tariffs” could add around 17% to the average effective tax rate. Adding to tariffs on China, Canada and Mexico already implemented, this could take the average effective tariff rate to around 22%, from 2.3% in 2024.

Estimating the impact on the US economy is not straightforward. A Fed model from 2018 suggests each 1 percentage point (ppt) hike in the tariff rate lowers Gross Domestic Product (GDP) by 0.14% and pushes up core Personal Consumption Expenditures (PCE) prices by 0.09%. Hiking tariffs by 17ppt with this announcement would therefore point to a Gross Domestic Product (GDP) hit of 2.4% and a price boost of 1.4% – likely playing out over the next two to three years.

  • For inflation, firms’ pricing power, dollar moves, and the underlying state of the economy all matter, and interact in unpredictable ways. Early evidence from the data underscores the complexity. Import prices are up since Trump came into office, pointing to pass-through of tariffs to US buyers. At the same time, inflation readings in categories where imports are an important part of the consumer basket are down — possibly reflecting front loading of imports leaving retailers with an excess of inventory.

Potential Impacts on Investment Markets

1 Equities
  • Short-Term Volatility: Global equity markets may experience increased volatility, particularly in sectors tied to global trade — including industrials, autos and technology.
  • Exporters & Multinationals: U.S.-based companies with global supply chains or significant foreign sales may face higher input costs and retaliatory tariffs, affecting margins.
  • Domestic Manufacturing Tilt: U.S. companies with a domestic production base may benefit if reshoring trends accelerate or trade barriers become entrenched.
2 Fixed Income
  • Inflation Risk: Tariffs on imports typically increase input costs, which can filter into higher consumer prices. If inflation expectations rise, bond yields could follow suit.
  • Central Bank Response: The Federal Reserve may be slower to cut rates, especially if tariffs are inflationary, adding duration risk to long-dated bonds.
3 Commodities and Currencies
  • Commodity Prices: If global growth slows due to a trade disruption, commodity demand may weaken — oil and industrial metals are particularly sensitive.
  • U.S. Dollar: Uncertainty and capital flight may initially strengthen the USD, but long-term trade imbalances and fiscal risks could reverse this trend.
4 Geopolitical Risk
  • The likelihood of retaliatory measures from China, the EU, and other major economies may lead to a broader trade war environment, which markets have historically reacted to with caution.

Portfolio Considerations

This is a rapidly changing environment, with the potential for escalation via further tariffs from other countries, or alternatively, exemptions based on negotiation. Given the lack of clarity around the path forward, we expect that volatility is likely to remain elevated and we remain focused on investing for the long term.

We are not suggesting any changes to portfolios on the basis of today’s announcements, however if you have questions about your portfolio, we suggest raising them with your adviser to ensure your portfolio remains appropriate for your objectives and risk tolerance.

CONTACT ALLAN HALL FINANCIAL PLANNING


General Advice Warning

The information contained in this article is general in nature and does not take into account your personal situation. You should consider whether the information is appropriate to your needs and, where appropriate, seek professional advice from a financial advisor. This site is designed for Australian residents only. Nothing on this website is an offer or a solicitation of an offer to acquire any products or services, by any person or entity outside of Australia. Robin Bell, Martin Cimino, Angelo Adam and Allan Hall Financial Planning Pty Ltd are Authorised Representatives of Consultum Financial Advisers Pty Ltd ABN 65 006 373 995 AFSL 230323. 

teaching financial responsibility

New requirements for CCS providers from 1 April

What are the new STR requirements for CCS provider approval applicants starting 1 April 2025?

All new Child Care Subsidy (CCS) provider approval applicants will need to supply a statement of tax record (STR) to the Australian Government Department of Education.

Some existing providers may also be asked to provide an STR. The Department of Education will notify those existing providers who will require an STR.

The STR demonstrates your satisfactory engagement with the tax system and is required when applying to administer CCS.

To apply for an STR, use the ATO’s online services. After you submit your application, you’ll receive a receipt and your STR within 4 business days.

Important tips

  1. Check your registration: Make sure you have an Australian business number (ABN), tax file number (TFN) and goods and service tax (GST) registration if your income is above the relevant limits
  2. Review your tax lodgements: Ensure you’ve submitted at least 90% of your income tax returns, business activity statements (BAS), and fringe benefits tax (FBT) due in the past 4 years (or since your tax record started, if less than 4 years)
  3. Address outstanding debts: If you owe $10,000 or more (not including disputed debts), either pay them off or set up a payment plan.

Taking these steps will help you resolve any tax issues with us before applying for your STR.

Claim Family Tax Benefit (FTB) and Child Care Subsidy (CCS) by 31 May

Confirm your income by lodging a tax return (or advising that you do not need to) NO LATER THAN 30 JUNE if you wish to submit a claim and receive CCS. Failure to do so can impact receiving FTB supplements and top-ups, and reduce your CCS to zero.

CONTACT ALLAN HALL BUSINESS ADVISORS

business owner on laptop

ATO focus areas for small business

The ATO reveals what they’re focusing on for small business and how to get it right.

The ATO has published their focus areas for small business. It shows small business owners the current risks and behaviours attracting the ATO’s attention.

The ATO actively detects, treats and addresses concerning behaviours to ensure all small businesses can operate on a level playing field. Their 3 key focus areas include:

  • business income is not personal income
  • deductions and concessions
  • operating outside the system.

The ATO will continue to publish new focus areas quarterly. By being transparent about what attracts their attention, they want to ensure small businesses get it right from the start.

Use the ATO’s focus areas for small business as a guide for conversations to help get your tax right.

Business owners are also encouraged to visit good business habits and Essentials to strengthen your small business, the ATO’s online learning site that offers over 30 free, self-paced courses.

CONTACT ALLAN HALL BUSINESS ADVISORS

Related reading

shares

Share investing versus share trading

Understanding Share Investing vs Share Trading: A Guide to ATO Classifications

Key tax differences between share investors and traders explained

A commonly asked question we receive at Allan Hall is how the ATO classifies a share investor vs a share trader.

Typically clients make a profit and they want to be assessed as an ‘investor’ so that the capital gain is taxed with any applicable discounts. Conversely if they incur a loss we receive questions as to whether they are classified as a ‘trader’ so that the losses can be deducted against other income they have earned.

Tax treatment

If you hold shares as an investor:

  1. your shares are assets and are subject to capital gains tax when you sell them
  2. your costs are taken into account at the time you sell your shares
  3. if you have a capital loss you can use it to offset capital gains but not to offset income from other sources
  4. income is earned from dividends and similar receipts.

If you are a share trader:

  1. your shares are treated like trading stock in the ordinary course of a business
  2. your gains are treated as ordinary income
  3. your losses and costs are treated as deductible expenses in the year they are incurred.

How to determine if you are a share trader

Determining if you are a share trader is the same as determining whether your activities are considered to be carrying on a business for tax purposes.

Under tax law, a business includes ‘any profession, trade, employment, vocation or calling, but does not include occupation as an employee’.

To determine whether you are a share trader or a business of trading shares, the following factors have been taken into account in court cases:

  1. the nature and purpose of your activities – typically the ATO wants to see a business plan that details the intention to make a profit and the ways this would be achieved
  2. the repetition, volume and regularity of your activities – the higher the volume the more likely you are carrying on a business
  3. whether your activities are organised in a business-like way – advice received, company analysis methodology, record keeping etc  
  4. the amount of capital invested

The above is a brief overview of the issues involved. Should you require further advice please contact your Allan Hall advisor.

CONTACT ALLAN HALL BUSINESS ADVISORS

house key

Landlords targeted in expanded ATO crackdown

ATO Expands Property Management Data Matching Program to Strengthen Tax Compliance

The Australian Taxation Office (ATO) is expanding its Property Management Data Matching Program as part of its ongoing commitment to enhance tax compliance.

This program plays a critical role in identifying and addressing potential discrepancies in rental income reporting, particularly within the property management sector.

Key points

  • Expansion of Data Matching Program: The ATO has expanded its program to better track rental income reporting and ensure tax compliance within the property management sector
  • Enhanced Data Collection: The program now collects more detailed rental data, cross-referencing it with ATO records to identify under-reporting or non-compliance
  • Focus on Compliance: Property owners and managers are advised to maintain accurate records, as the ATO’s enhanced capabilities increase the likelihood of detecting discrepancies.

The Property Management Data Matching Program enables the ATO to collect and analyse a wide range of data from property management agencies across Australia. This includes detailed information on rental income, property expenses and other financial activities related to investment properties. The data collected is cross-referenced with other ATO records to identify cases of under-reporting or non-compliance with tax obligations.

Objective and Scope

The primary objective of the expanded program is to ensure that all property owners and managers accurately report their income and meet their tax obligations. By gathering data from property management software, rental bond authorities and other relevant sources, the ATO can detect inconsistencies between reported income and actual rental earnings. This helps to identify individuals and entities who may be attempting to under-report their income or avoid their tax responsibilities.

Implications for Property Owners and Managers

The program covers a broad spectrum of rental properties, including residential, commercial and short-term accommodations.

Property owners and managers are advised to ensure that their records are accurate and up to date. The ATO’s expanded data matching capabilities mean that discrepancies in rental income reporting are more likely to be detected, leading to potential audits, penalties or other compliance actions.

By leveraging advanced data matching technology, the ATO aims to ensure that all taxpayers meet their obligations. Read more »

CONTACT ALLAN HALL BUSINESS ADVISORS

car buying private or business

Changes to car thresholds from 1 July

The following car threshold amounts will apply for the 2024–25 financial year.

Income tax

  • The car limit for 2024–25 is $69,674. This is the highest value you can use to calculate depreciation on a car where both of the following apply:
    • you use the car for business purposes
    • you first use or lease the car in the 2024–25 income year.
  • As a business owner, you can claim a tax deduction for expenses for motor vehicles you use for business purposes.
  • If you use a motor vehicle for both business and private purposes, you can only claim a deduction for the business part. You must be able to show the percentage you claim as business use and have records to support your claim.

Goods and services tax (GST)

  • If you buy a car and the price is more than the car limit, the maximum GST credit you can claim (except in certain circumstances) is one-eleventh of the car limit. For the 2024–25 income year, the maximum GST credit you can claim is $6,334 (that is, 1/11 × $69,674).
  • You can’t claim a GST credit for any luxury car tax you pay when you buy a luxury car, even if you use it for business purposes.

Luxury car tax (LCT)

  • The LCT threshold for 2024–25 is:
    • $91,387 for fuel-efficient vehicles. This is in line with an increase to the motor-vehicle purchase sub-group of the Consumer Price Index (CPI)
    • $80,567 for all other luxury vehicles, in line with an increase in the ‘All Groups’ CPI.

If you’re looking to buy a luxury car, remember to be cautious of those who offer to buy one from a dealer on your behalf at a discount. This may be a scheme to evade LCT. You may be at risk if they don’t have the right insurance or if the car is damaged or defective.

To find out more about LCT, including when you need to apply it and what’s included in the LCT value of a car, visit the Luxury car tax page on the ATO’s website.

CONTACT ALLAN HALL BUSINESS ADVISORS