If you run a professional services firm, there are many tax issues to consider in the allocation of profits. The ATO is particularly concerned about individual professionals with an ownership interest who redirect their income to an associated entity, such as a trust, with the effect of significantly reducing their tax liability – raising the prospect that anti-avoidance provisions could apply. From 1 July 2022, new guidelines explaining the ATO’s compliance approach to profit allocations will commence. These guidelines assist taxpayers to identify their particular risk level and understand whether their profit allocation arrangement may attract attention from the ATO.
Before speaking to your adviser or business accountants in Melbourne, it may help you to understand the new two-step process for identifying your risk.
For the guidelines to apply to your profit allocation arrangement, you must satisfy two “gateway” tests.
Firstly, does the arrangement have a sound and genuine commercial rationale? The ATO suggests that a change in tax performance, without any other non-tax related practical changes, strongly indicates a lack of commercial rationale.
Secondly, are you satisfied that the arrangement has no “high risk” features? This includes anything flagged in a Taxpayer Alert, as well as the following:
If you don’t meet these gateway tests, the guidelines don’t apply, and you should seek professional advice.
If you pass the gateways, the next step is to consider three risk assessment factors (or two, if the third is impractical) and use the tables in the ATO’s guidelines to identify your “score” for each factor. The total of your scores – adjusted for whether you apply two or three factors – will determine which risk zone the arrangement falls into: low, moderate or high risk.
The three factors are:
Your adviser can help you perform these calculations.
If your arrangement is in the “low risk” zone, you can have confidence that the ATO will generally not dedicate compliance resources to testing your arrangement. If it rates as “moderate” or higher, the ATO is likely to analyse your situation further. Arrangements that were previously “low risk” but now have a higher rating may qualify for a transitional period until 30 June 2024 in which to apply the ATO’s previous guidance.
The ATO says taxpayers should self-assess their risk annually, document the assessment and be able to provide supporting evidence in the event the ATO fact-checks the assessment. Contact Alexander Bright today for expert assistance in assessing and managing your risk. Our accounting firm can also assist you with a range of bookkeeping services and business accounting services in Melbourne.
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