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Frequently Asked Questions
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Can all the interest from our joint accounts be declared in my wife's tax return because her income is much lower than mine?
All income must be declared by each recipient on the same basis as the accounts are held. Interest from a joint account must be split 50/50. You cannot declare it all on your wife’s tax return and doing so could lead to an ATO audit.
I have just moved permanently to Australia. Do I have to pay tax on the money that I have brought with me?
You will only have to pay tax on any earnings you make from the time that you moved to Australia. If the money that you brought with you earns interest in a bank account you will have to pay tax on the interest.
I have just received a letter from the tax office saying that I did not declare some interest from my bank account. What should I do?
If you believe this is incorrect, you should contact your bank to verify the income details for your accounts. The bank should notify the ATO in writing if this information is not correct.
You have 28 days to correct this information. However, if you have omitted the taxable income, you will not need to contact the ATO. They will amend your return and send you a new assessment requesting payment of the additional tax, a general interest charge and, in some cases, penalties. If you require assistance with your communication with the ATO, we can help.
I will be going to Europe for six months and intend to work while I am away. Will I have to pay tax in Australia on the money that I earn overseas?
The income will be taxable unless you have worked overseas continuously for more than 90 days and are working on a specific Australian government project or deployed overseas as a member of an Australian government agency. In these cases the income will be tax exempt
If your overseas income is not exempt, you will need to declare the income on your Australian tax return and may be entitled to a foreign income tax offset for any foreign tax you paid on that income.
Can I claim a deduction for sun protection items?
A deduction is available for outdoor workers who buy sunscreen lotion, sunglasses and hats for use at work. The claim must be substantiated and apportioned for private use.
My employer expects me to wear specific clothing for work? What would I be able to claim on my tax?
Compulsory uniforms are generally deductible provided they identify you as an employee of that organisation or in a specific occupation. A requirement to simply wear particular colours is not enough to make the clothing deductible (for example a waiter being required to wear black and white clothing) nor is a requirement to wear a store’s own brand of clothing (they are still conventional clothing and not tax deductible). Corporate wardrobes are also deductible if certain conditions are met. The uniform design must be registered with AusIndustry. Provided that the clothing is deductible then you may also claim maintenance costs (laundry, dry cleaning and repairs).
Am I entitled to claim $300 for work related expenses as this does not have to be substantiated?
You cannot just claim $300. You must actually incur any expense before it is claimable. Whilst you may not need receipts for expenditure up to $300 you must have spent the money and it must be relevant to your employment.
I have incurred travel expenses this year. What can I claim on my tax?
Your travel must be relevant to your job function for you to be eligible to claim a deduction for those expenses. Where this is the case, and you have the necessary documentation, you can claim the cost of transport and incidentals. If your travel involved an overnight stay you would be able to claim for meals. Travel overseas also requires you to keep travel diary.
I am paid an allowance for travel. Can I claim a deduction for that on my tax return?
A deduction will only be allowed if you have actually incurred a work-related expense and have the necessary documentation. Travel to and from your job is generally not claimable unless, for example, you are carrying bulky equipment. Some awards allow for a payment of an allowance even though an expense is not necessarily incurred by the employee. If a deduction can be claimed it cannot be for more than the expense that you incurred even if the allowance that you have received was higher.
I had an overseas holiday during the year and while I was away attended a seminar that was relevant to my job. Can I claim the cost of the trip?
You cannot claim the cost of the trip because the main purpose was to have a holiday and attendance at the seminar was incidental to this. You will only be able to claim the additional expenses that you incurred to attend the seminar. These could include the registration fee, taxi fare to the seminar, etc.
I need to have a telephone for making and receiving business calls and would like to know what I can claim.
Installation costs are not deductible. However, part of the rental costs are deductible where a taxpayer is required to make calls from home. Call costs would be deductible and a log of calls must be kept for a minimum of 4 weeks. Mobile phones are claimed in the same way.
This year I bought a laptop and new mobile phone which I need for my work. Can I claim the cost of these on my tax return?
Items like this that you buy for use in your job can be claimed in your return. However, since the cost of these items is most likely to be more than $300 each you will not be able to claim the full cost in one year.
It will be necessary to spread your claim over the useful life of the items (depreciation) and only the work-related proportion is claimable. You should keep a log of work related use for a period of at least four weeks for each item to determine the proportion that you can claim.
I want to contribute extra money to my superannuation account. Are there superannuation contribution limits?
There is a limit to the amount of money you can voluntarily contribute into your super fund on a concessional basis. Superannuation contribution limits operate to limit the tax benefits available each year. Making contributions over the limits results in additional tax payable, and excess concessional contributions are counted towards the non-concessional cap. However, from 1 July 2013 excess concessional contributions can be withdrawn and taxed at the individual’s marginal rate plus interest. Legislation was passed in March 2015 to treat excess non-concessional contributions on a similar basis. Concessional contributions are essentially those contributions which are tax deductible, and include employer contributions and personal contributions claimed by the self-employed. From 1 July 2014 the concessional cap is $35,000 for anyone aged 49 years or more on 30 June 2014 and for anyone aged under 49 years on 30 June 2014 the cap is $30,000. Non-concessional contributions are those made from after-tax income. There is no contributions tax applied when they are contributed to the super fund.Once in the fund, the normal fund tax rates apply to earnings
From 1 July 2014 there is a limit of $180,000 per year on non-concessional contributions which are post-tax amounts that have not been claimed as a tax deduction. This cap amount may be indexed annually.
If your superannuation contributions exceed the cap amount you will be taxed at the highest marginal rate plus Medicare on those excess contributions. There are transitional rules that apply to taxpayers who are nearing retirement.
I have been thinking about salary sacrificing money into my superannuation account? Is there a limit to how much I can salary package?
Amounts paid into superannuation by your employer to meet the Superannuation Guarantee obligations and amounts paid under a salary sacrifice arrangement are called concessional contributions.
From 1 July 2007 total annual concessional contributions have been capped to an upper limit. If annual contributions exceed the applicable cap amount, the excess will be taxed at the highest marginal rate, plus Medicare.
The cap will be indexed annually based on movements in full-time adult average weekly ordinary time earnings (AWOTE) published by the Australian Statistician for the December quarter, rounded down to the nearest multiple of $5,000.
There is currently a temporary higher cap of $35,000 for the 2014-15 financial year for individuals aged 60 years and over, and $35,000 for the 2014-15 financial year and later financial years for individuals aged 50 years and over.
The higher cap will cease when the general concessional cap reaches $35,000 by way of indexation. Currently, for the 2014-15 financial year, the cap for all individuals is $30,000 (including those aged from 50 to 74 years of age who have had a higher limit in past years).
I have heard that salary sacrificed superannuation contributions will now be reported on my PAYG Payment Summary. What implication will there be for me?
Since 1 July 2009 all contributions made to a superannuation fund under a salary sacrifice arrangement have been included in the reportable employer superannuation contributions amount shown on your PAYG payment summary. Also included are any superannuation contributions for which a tax deduction has been claimed. This means that any entitlement you have to any benefits from Centrelink or the Family Assistance Office that are subject to an income test will take into account those amounts.
It also contributes to the calculation of any Child Support payments and is used to determine your liability to such things as the Medicare levy surcharge or repayments of HECS-HELP debts. They may also impact on any tax offsets that you are entitled to claim on your tax return.
I am over 60 years of age and retired. Will my superannuation pension be tax free in future?
People who have reached 60 no longer pay tax on superannuation income streams (pensions or annuities) that are paid from a taxed fund. A taxed fund is one where contributions tax was paid on the contributions made by your employer into your super fund on your behalf.
Contributions tax would also have been paid for contributions made under a salary sacrifice arrangement. Most funds are taxed funds. However, for taxpayers who belonged to an untaxed super fund, they will still have to pay tax on their superannuation income stream, irrespective of their age.
Taxpayers who are over 60 years of age (for the full financial year) and receiving a superannuation income stream from a taxed fund no longer receive a PAYG Payment summary.
I pay extra contributions to my superannuation fund. Can I claim this on my tax return?
Employee taxpayers whose employer is required to contribute to superannuation are not eligible to claim a tax deduction.Instead the government may make a co-contribution to their fund.
Contributions made through salary sacrifice or by another person on your behalf will not be counted for the purposes of calculating the co-contribution. If you are self-employed you may be able to claim a deduction for your contributions.
Why am I being asked to tell my superannuation fund what my tax file number (TFN) is?
If you do not tell your superannuation fund what your TFN is then the fund will be required to pay additional tax on any contributions made by your employer (including salary sacrifice amounts).
Without having your TFN recorded, your fund will not be able to accept any personal contributions that you make and the government co-contribution that you may be entitled to cannot be paid into your account.
I have married during the year. What effect does this have on the tax returns that my wife and I have to lodge?
If you married during the year you may be eligible to claim a reduction in Medicare based on your income. You will need to know the income of your spouse before and after marriage. If your spouse has earned income during the year, they will also have to lodge their own tax return. On both of your returns you will be required to disclose information about the other partner so that any entitlements you may have to certain family tax benefits can be calculated correctly.
From 1 July 2014 the dependent spouse tax offset rebate has been abolished for all taxpayers. Some taxpayers may be eligible for the Invalid and Invalid Carer Tax Offset. If your spouse is genuinely unable to work because they are an invalid or they care for an invalid you might qualify for the Invalid or Invalid Carer Tax Offset. The invalid must be receiving a Government disability payment to qualify.
Can I claim anything for the cost of my children's education?
Families receiving Family Tax Benefit Part A receive a payment of up to $422 for each child in primary school, and up to $842 for each child in secondary school.
When is the school bonus paid?
The Schoolkids Bonus is automatically paid to eligible families (ie those receiving Family Tax Benefit Part A) in two separate instalments each year— half in January and half in July. The Schoolkids Bonus is paid automatically and upfront meaning eligible taxpayers don’t need to keep receipts for education expenses or make a separate claim.
However, legislation has passed to end the Schoolkids Bonus payments. The Schoolkids Bonus will continue until the end of 2016. The last instalment will be paid in July 2016.
An income test will also apply to the School kids Bonus from 1 January 2015.
I have been receiving fortnightly payments of the Family Tax Benefit all year. Do I still have a deadline for lodging my tax return?
You have 12 months after the end of the year to lodge your tax return so that the FOA can check that you have been receiving the correct amount. If you overestimated your income you will receive a top-up payment but if you underestimated your income they will require the over payment to be paid back.
For example, for payments received during the 2013-2014 income year you will be required to lodge your 2014 tax return by 30 June 2015. If you have a partner their tax return will also have to be lodged by that date. Failure to meet the deadline could result in your payments being stopped and the repayment of amounts already received. If the tax office does not require you to lodge a tax return then you should notify the Family Assistance Office.
Can I claim for the maintenance that I pay my ex-wife for my children?
No. Maintenance payments are not tax deductible.
How do I know if I’m eligible for the Family Tax Benefit?
The Family Tax Benefit helps with the cost of raising children. It is therefore available for those who:
have a dependent child or secondary student younger than 20 years of age who is not receiving a Government benefit such as Youth Allowance
provides care for a child at least 35% of the time
meets an income test
This is the basic eligibility for the FTB, but if you would like further information, head to the Department of Human Services website.
I have started my own business and wonder if I need to register for GST.
Australian businesses with an annual turnover of $75,000 or more are required to register for GST. If your business has a lower turnover you are not required to register, but you may do so if you wish. You will only be required to charge your customers GST if you are registered. Your local H&R Block office can assist you with your application to register for GST.
I run my own business and want to know how I can minimise my annual tax bill?
If your turnover is less than two million dollars, you would be classed as a small business entity (SBE). As such you would be able to access a number of small business concessions including:
income tax concessions
capital gains tax concessions
excise concessions
Goods and Services Tax (GST) concessions
Pay As You Go (PAYG) installment concessions and
Fringe Benefits Tax (FBT) concessions.
I am self-employed and have paid personal superannuation contributions all year. What can I claim?
Provided that you satisfy the eligibility criteria, you will be able to claim a deduction for the superannuation contributions you have made to a complying superannuation fund or retirement savings account.
To do so you must be fully self-employed or no more than 10% of your assessable income (including Reportable Fringe Benefits and Reportable Superannuation Contributions) is from an employer.You must also have first notified your superannuation fund of your intention to make the claim and received a confirmation.
I have heard that self-employed people can claim the superannuation co-contribution from the government. Am I eligible because I paid money into my super this year and I run my own business?
You may be eligible for the superannuation co-contribution if more than 10% of your total assessable income is from running that business, eligible employment or a combination of the two.
Investment income is not eligible income. If you claim any of your superannuation contributions as a tax deduction, only the amount that you do not claim will be eligible for the co-contribution.
I run a small business and in June pre-paid 12 months’ rent on the premises that I operate from. Can I claim the whole amount on my tax return even though most of the payment is for next year?
If your turnover is less than $2 million you will qualify as a small business entity and will be able to claim certain eligible pre-paid expenses in the year they were paid.
Some examples of prepaid expenses that can be claimed in the year they are paid are rent, insurance and subscriptions to professional associations.
Eligible expenses will be payments that are made for periods of 12 months or less and that the period covered ends in the next income year. Your pre-paid rent qualifies because the period it covers does not exceed 12 months and that period will end before the end of the next income year. The whole amount will be claimable on your tax return this year.
I am three years behind in lodging my tax returns. Will I get into trouble?
You should lodge your outstanding tax returns as soon as possible and before the Australian Taxation Office takes any action to have you lodge these tax returns. Once they have begun any action, it could result in a court conviction. The ATO may charge a penalty of $170 for every 28 days that the return is outstanding. The maximum penalty is $850 even if you are due a refund.In addition, the ATO will charge interest. This is called the general interest charge and is levied on any outstanding monies. H&R Block can assist you to lodge your late prior year returns.
My wife stays home to care for our children. During the year she worked for one week and has received a payment summary showing that she earned $480 and a small amount of tax was taken out. She has no other income and doesn't think she needs to lodge a return because her income is less than the tax free threshold. Is she correct?
Your wife does need to lodge a return even though her income is below the tax free threshold. Any earnings that have had tax withheld, no matter how small, are required to be reported on a tax return. This is also the only way to get a refund of the tax paid.
I received an additional PAYG Payment Summary (group certificate) after I completed last year's tax return. Can I put it in this year's return?
No, you cannot do that. A PAYG Payment Summary from a past year cannot be included with the current year tax return as the income on it was not earned in the current year. It can only be included in the return for the year to which it relates. You will need to submit an amendment to last year's tax return.
I usually lodge my own return but will be unable to get it in to the tax office by October 31 this year. What can I do to avoid getting into trouble with the tax office?
If you owe tax and lodge your return late, any amount owing will be payable on 21 November this year and a general interest charge will be calculated from then until payment is made. The ATO may charge a penalty of $170 for every 28 days that the return is outstanding. Unless you use a registered tax agent, you have from 1 July until 31 October to lodge your return. If you need an extension of time either contact the ATO.
I am leaving to travel overseas; do I need to complete my tax return before I leave?
It isn't necessary to complete a return before leaving Australia unless you will not be back before the due date for lodgement of your return (31 October). If you won't be back until after that date contact the Australian Taxation Office.
I am in Australia because I have a two year contract with a local employer and have a temporary working visa. I have been told that I am classified as a temporary resident of Australia. Why is this important?
Since 1 July 2006 there has been a separate category for people who are temporarily living in Australia. A permanent resident is generally taxed on all income in and out of Australia but a temporary resident is exempt from paying tax on certain classes of income. People who exhibit the behaviour of a 'resident' and hold a temporary visa granted under the Migration Act of 1958 will be taxed at resident rates. Temporary residents may also be liable to pay the Medicare levy unless they are eligible to apply for an exemption.
I have been backpacking around Australia on a temporary working visa picking up a few temporary jobs to help with expenses. Some employers deducted tax. Will I get this all back when I put in a tax return?
You would be considered to be a non-resident for tax purposes because you have not settled in any one place and established a home during your stay in Australia. You may not get all your tax back when you lodge a tax return because you will be charged non-resident tax rates. This means that you have to pay tax on every dollar of your taxable income. You will not have to pay the Medicare levy though.
What is the difference between resident and non-resident tax rates?
Non-residents pay tax on Australian source income. They pay tax on every dollar of taxable income as declared on their tax return but do not pay Medicare. Residents have to declare all income earned in and out of Australia. A tax free threshold of $18,200 (for the 2014 year) is available to them and a resident may be entitled to claim some tax offsets (rebates) that are not available to non-residents. Depending on their income, a resident may also have to pay the Medicare levy and Medicare levy surcharge.
