Tax Compliance Advice: What You Need to Know About GAAR, PSI & PSB
Navigating Australia’s tax compliance regulations can feel like a journey through a maze, with potential pitfalls at every turn. Understanding these rules is crucial for businesses and individuals to avoid costly penalties. A few essentials for sole traders and small businesses to know are PSI (Personal Services Income), PSB (Personal Services Businesses), and GAAR (General Anti-Avoidance Rules).
Understanding PSI & PSB
Personal Services Income (PSI) is income earned through an individual’s efforts or skills. It typically applies to sole traders, freelancers, and contractors who provide services rather than goods or products. PSI rules prevent individuals from splitting income with others to minimise tax liability or retain profits in lower-taxed entities. However, not all income derived from personal efforts falls under PSI. If a business can demonstrate that it meets specific conditions, it may qualify as a Personal Services Business (PSB). This type of business will be exempt from PSI rules and allowed to operate under a business tax structure.
The Role of General Anti-Avoidance Rules (GAAR)
Even if a business qualifies as a PSB and is exempt from PSI rules, it is not free from scrutiny. The ATO employs GAAR to address tax avoidance strategies that companies or individuals may use to structure income arrangements to gain a tax advantage, such as splitting income or diverting profits to a lower-taxed entity such as a company, partnership, or trust. The ATO considers these actions tax avoidance and GAAR violations involve costly fines - something no business wants.
When Does GAAR Apply?
GAAR application is based on a detailed assessment of whether the arrangements are designed for tax avoidance. The ATO uses several factors to determine this:
- Is the remuneration commensurate to the value of services provided? The ATO examines whether the salary or wages paid to the individual providing services are proportionate to the income received by the PSB. If the remuneration is significantly less than what the business earned, it could indicate that the arrangement is aimed at minimising tax liability.
- Does the PSB distribute income to associates and not to the business owner? If the PSB distributes income to others, such as associates or family members, rather than paying the service-providing individual, this may be viewed as an attempt to reduce tax.
- Are salaries or wages misaligned? When salaries or wages do not align with skills or services, it raises questions about income distribution and intentions.
- Is a company, partnership, or trust used to retain profits or avoid PSI? Income splitting and misuse of an entity can trigger the application of GAAR if it leads to a lower overall tax liability.
An Example of When GAAR May Apply
Sam is a software developer who offers his expertise through his SX Trust. The trust secures a contract valued at $120,000 for Sam’s services. Over the course of the year, SX Trust pays Sam an annual salary of $50,000 and records $25,000 in deductions. The remaining $45,000 is then allocated to Sam’s wife and children, who are beneficiaries of the trust. The trust falls into a lower tax bracket. The SX Trust meets the criteria of a PSB by passing the results test, so Personal Services Income (PSI) rules don’t apply. However, the ATO could interpret the arrangement as an attempt to reduce tax by distributing income to Sam’s family, triggering a GAAR investigation.
Do You Require Further Assistance?
Understanding PSI, PSB, and GAAR rules and seeking professional advice can help when navigating these complex tax rules and ensure you remain in good standing with the tax office. Contact the Ascent Accounting team for more information or assistance in maintaining compliance.
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The Australian Government’s expanded 5% Deposit Scheme, which commenced on October 1, offers a fast-tracked path to home ownership for many aspiring buyers. By drastically reducing the deposit required and eliminating Lenders Mortgage Insurance (LMI), this program aims to unlock the door to your very own home sooner than ever thought possible. However, like any major economic policy, it has significant implications that buyers and taxpayers must consider. Here is a breakdown of how the scheme works, who qualifies, and what the potential impact could be on the property market. What is the 5% Deposit Scheme and how does it work? The scheme is designed to make home ownership more achievable, particularly for those struggling to save a 20% deposit. Low Deposit: The home buyer secures a loan with a minimum deposit of 5% (for First Home Buyers) or 2% (for single parents/legal guardians). Government Guarantee: Instead of the buyer paying LMI (which protects the lender), the Australian Government provides a guarantee to a Participating Lender. This guarantee allows the lender to provide a home loan covering up to 95% or 98% of the home's value without the usual LMI fee. No LMI: The buyer avoids paying Lenders Mortgage Insurance, significantly reducing upfront costs. Key features of the expanded program include no income caps, as well as unlimited spots and no waiting list. The Scheme also makes a wider choice of home types available (houses, apartments, house/land packages, vacant land with a building contract, new or existing homes). It’s not just for first home buyers!
Christmas can be the most wonderful time of the year—it can also be one of the most expensive. The key to enjoying the festive season and reducing the risk of financial stress is careful planning. As your financial partners at Ascent Accountants, we want you to focus on what truly matters—time with friends, family, and peace of mind. Six essential budgeting tips to help you take control of your Christmas spending. 1. Make a detailed budget list. The sooner you start, the more control you have. Begin by listing every expense you anticipate, including gifts, food, clothes, travel, and entertainment. Once you have your total, check it against your available funds. If the total feels too high, look at where you can cut back or spread the cost. Being realistic from the beginning prevents surprises later. 2. Prioritise what truly matters (and pay your priority debts!). When money is tight, focus your funds on the essentials and the things that genuinely bring the most joy. Order your list by priority (e.g., gifts for children first, then shared family meals, then travel). It’s okay—and essential—to say 'no' to extras that don’t fit your budget. Always consider your priority payments and debts before any other Christmas spending. Priority debts, like rent, electricity, or car insurance, must always come first as they significantly impact your day-to-day life if left unpaid. 3. Be cautious with credit and 'Buy Now, Pay Later' arrangements. It's tempting to use a credit card or a Buy Now, Pay Later option, especially when promotions promise delayed payments. However, small instalments add up quickly, and missing a payment can result in fees and/or negatively impact your credit record. If you do use credit, only borrow what you can comfortably afford to repay, and make a solid plan to pay it off as soon as possible in the new year. 4. Compare prices & shop smart. Always take time to research before you buy. Comparing online and in-store prices can result in significant savings. Be wary of high-pressure sales events like Black Friday, which often encourage impulse spending. Before purchasing, ask yourself three questions: Do I really need this? Is this on my original budget list, or is it extra? Is this truly a bargain if I don't actually need it? 5. Suggest a 'Secret Santa'. If your family or friend group has traditionally bought gifts for everyone, suggest switching to a Secret Santa arrangement. Setting a sensible spending limit or pooling funds for one thoughtful gift makes things easier and less expensive for everyone. Often, homemade gifts or vouchers for experiences are more meaningful and last longer in the memory than expensive presents. 6. Plan ahead for next year. The best way to guarantee a calm, affordable Christmas next year is to start preparing now. After this year's holidays, take note of exactly what you spent and where the money went. Set a goal for next year and start a small savings fund. Even setting aside $5 or $10 a week can make a monumental difference in managing next Christmas without stress. Need to tidy up your finances after the holidays? If the Christmas period leaves you needing advice on debt consolidation, setting up a savings plan, or just better budgeting habits for the new year, contact the team at Ascent Accountants. We can help you build the confidence to hit your financial goals!
As the end of the year approaches, businesses are gearing up for the festive season, which means planning the annual Christmas party and showing appreciation with gifts. While the cheer is high, so too are the complexities of Fringe Benefits Tax (FBT). Getting the FBT treatment wrong can turn a simple celebration into an unexpected tax bill. As your trusted advisors at Ascent Accountants, here is a breakdown of the key tax rules, with a focus on the crucial $300 per person limit, to ensure your end-of-year generosity is tax-effective. The critical $300 minor benefit threshold. The Minor Benefits Exemption is your best friend for managing FBT. A benefit is generally exempt from FBT if its total notional taxable value is less than $300 (GST inclusive) per person, and it is provided infrequently and irregularly. Christmas parties (entertainment) The location and cost of your party are the key factors for FBT.
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If your business interacts with the public in any way (from welcoming customers into your shop to visiting client sites) then public liability insurance isn’t just “nice to have.” It’s essential protection. Whether you’re a sole trader, a café owner, or running a construction company, public liability insurance helps safeguard your business against unexpected (and often costly) accidents. What Is public liability insurance? Public liability insurance covers your business if a member of the public suffers injury, death, or property damage as a result of your business activities. In simple terms, it’s there to protect you financially if something goes wrong—such as a customer slipping in your store, a tradie damaging a client’s property, or a product you sell causing harm. Without it, you could be personally liable for significant compensation and legal costs. What does it cover? A typical policy covers: Injury or death to a third party caused by your business operations. Damage to property belonging to someone else. Compensation and legal costs you’re ordered to pay following a covered claim. For example, if a customer trips over a cable in your office or a carpenter cracks a client’s TV while working onsite, public liability insurance steps in to cover the costs. What isn’t covered? While every policy is different, public liability insurance usually won’t cover: Damage involving vehicles. Defective work. Breach of professional duty or negligence in advice (that’s covered by professional indemnity insurance). Defamation or advertising liability. Understanding these exclusions helps you choose the right combination of cover for your business. Who needs public liability insurance? If your business has any level of public interaction, you likely need it. Common examples include: Customer or supplier visits: If anyone comes to your premises or you work on theirs. Public events: Markets, expos, and pop-ups. Retail, trade, and construction: High public contact increases your risk. Leased premises: Many shopping centres and landlords require proof of cover. Contractor or license requirements: Many trade licenses (like electricians and plumbers) require it to operate. Even if it’s not legally required, most Australian businesses choose to have public liability insurance for peace of mind. How much cover do you need? The level of cover depends on your industry, business size, and risk exposure. Most businesses opt for between $5 million and $20 million. It’s worth reviewing your policy regularly, especially if your operations expand or you start working in new environments. Is it compulsory in Australia? Public liability insurance isn’t legally mandatory for all businesses, but some industries and licences make it a condition of operation. For example, in Queensland, electrical contractors must hold a minimum of $5 million in public and product liability cover. Similarly, councils or venue owners may require proof of insurance before approving an event or leasing a space. Don’t risk a law suit. Being sued for negligence can be financially devastating. Even a minor incident can mean you lose hundreds of thousands—not to mention the impact on your brand and business reputation. Public liability insurance ensures your business can keep operating, even when the unexpected happens. If you’re unsure whether your current cover is adequate, our team at Ascent Accountants can help you review your business risks and recommend the right level of protection for your situation. Contact us today to learn more.
