Tax obligations for really small businesses
October 31st, 2006When is a business a business?
The ATO applies many tests to determine if a commercial activity constitutes a business or is merely the pursuit of a hobby or is only of personal interest.
The importance of such determination is in claiming deductions. The tax act allows a deduction for all losses and outgoings to the extent to which they:
• Are incurred in gaining or producing assessable income
Or
• Are necessarily incurred in carrying on a business for the purpose of gaining or producing assessable income
Areas of consideration in the classification of a business include:
• profitability
• size
• effort
• maintenance of records.
Profits from a business are added to all other taxable income of the taxpayer for the purpose of income tax assessment.
Usually a loss incurred by a business is deducted from all other taxable income of the taxpayer for the purpose of income tax assessment, but if the assessable income of the business is less than $20,000 any loss is considered to be from ‘non-commercial business activities’ and as such is not immediately deductible and can only by carried forward to be offset against future profits of the business. This requirement can be by-passed if the business can satisfy the real property test ($500,000); or other assets test ($100,000); or profits test (three years including the current year out of the last five years resulting in a profit). Oh, and it doesn’t apply to an individual carrying on a primary production business or a professional arts business if income from other sources is less than $40,000.
Passive activities such as rental property investment do not constitute a business.
A business is required to register with the ATO for an Australian Business Number (ABN), and if income exceeds $50,000 per annum must register for GST. If an invoice is presented to another business and an ABN is not quoted the payer business must withhold 48.5% of the invoice amount and remit it to the ATO.
Can a business register for GST if its turnover is less than $50,000?
The answer is yes it can, and it makes sense to register when the business benefits from the GST it can claim back from the tax office. For example the business may provide tax exempt goods or services so no GST will be paid to the tax office but if registered can claim back the GST paid on business related expenditure.
Sometimes a business will find that a larger business it is dealing with will insist on GST registration. If you want to have commercial dealings with them, and for the sake of expediency and a long term relationship you may decide to register even though it falls below the turnover threshold of $50,000.
If a business is not registered for GST it cannot charge GST on the invoices it issues.
If it is not registered but is required to be registered, a business is liable to pay to the tax office one eleventh of the value of invoices issued.
If registered for GST a business is required to maintain sufficient records to enable the preparation of the business activity statement (BAS) and the income tax return. To prepare the BAS records must be kept inclusive of GST. To prepare an income tax return the business must maintain records exclusive of GST.
If the business is not registered for GST no BAS is required and the records required to prepare the income tax return must be recorded inclusive of GST.
In order to prepare income tax returns you need to be aware of generally accepted accounting principles to properly separate operating applications from capital applications. Then you need to know whether or not you are required to report on a cash basis or an accruals basis.
Compliance work is not easy, so even if you have a small number of transactions it may be advisable to use a suitable software package rather than struggling to comply with the above.
A suitable software package is one that helps and not one that hinders.
Thank you Dene Charlesworth for your question.
Peter Murray BBus
Professional Accountant, Small Business Advisor and designer of eclat.bos Accounting Software.
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