RSM Australia

Tax risk management

Ensuring your company is operating within the tax laws through effective tax risk management

A key aspect of corporate governance involves tax risk management.

Companies have to be comfortable that their tax decisions do not fall foul of the tax law and are not subject to adverse scrutiny by the tax authorities. RSM can help companies manage this exposure in a number of ways.

Our tax risk management services include:

  • representing the company in a tax audit or review, including negotiating with tax authorities to settle a disputeA key aspect of corporate governance is tax risk management
  • preparing objections to unfavourable tax assessments
  • advising boards of directors on the risks associated with tax schemes to be entered into by the company
  • preparing reasonably arguable position papers to document the position taken in respect of the interpretation of a tax law
  • carrying out prudential reviews or 'health checks' on various tax areas to identify any tax risks or exposures
  • applying for rulings from the ATO to provide certainty on tax outcomes

Webinar: JobKeeper 2.0 - What you need to know | 14 October 2020

There has been significant changes to the JobKeeper payments in the last few months.
Space: The final frontier for GST?

Space: The final frontier for GST?

The Technology and Innovation team at RSM share practical GST insights from within the developing Australian Space Industry. Goods and services tax (GST) in Space - is the supply of new and developing technology taxable?
New JobKeeper 2.0 legislation has been passed by Parliament

JobKeeper 2.0 legislation passed

Legislation has been passed by Parliament extending the JobKeeper wage subsidy scheme until 28 March 2021. The current JobKeeper rules will cease to have effect from 28 September 2020.
What deductions can you claim when working from home?

Claiming deductions for working from home - with a twist

Many of us have been working from home recently and are continuing to adopt hybrid versions of working between the office and the home.
Rental property FAQ's and common issues tackled

Rental property FAQ's and common issues tackled

During these uncertain times of COVID-19, some clients have used the time to assess their finances and plans for the future.
COVID-19 Lessons for Primary Producers

COVID-19 Lessons for Primary Producers

The COVID-19 Pandemic has presented great challenges across the globe and will continue to do so for the foreseeable future as governments tread a fine line between the very real public health concerns and trying to jumpstart faltering economies.

Urgent action required by employers | JobKeeper Update

The government has introduced further changes to the JobKeeper Payment, designed to include as many employees as possible.
The transformational joint venture Thunderbird Mineral Sands Project will bring together Sheffield Resources and Yansteel

RSM Australia brings together Sheffield Resources and Yansteel in joint venture

RSM Australia brings together Sheffield Resources and Yansteel in a transformational joint venture for the Thunderbird Mineral Sands Project.

Changes to JobKeeper – what do employers need to do now?

With all the changes the Australian government announced around the JobKeeper extension (JobKeeper 2.0 and 2.1), there has been some confusion around the Government changing the employee eligibility date from 1 March 2020 to 1 July 2020. 

JobKeeper 2.1 - Treasury announces further changes to JobKeeper payment

In response to the significant impact of coronavirus restrictions on business owners in Victoria, and likely impacts to follow in NSW, Treasury has announced further changes to the JobKeeper V2.0 proposals originally announced in July.
Accounting for government assistance during COVID-19

COVID-19 Financial Reporting: Accounting for government assistance

As the COVID-19 pandemic continues to have a serious impact on the economic environment, governments continue to provide different forms of assistance to affected entities.
changes in tax rates

Accounting for changes in tax rates

Corporate Tax rates for smaller Australian companies are set to fall over the next few years. How should the changes in tax rates be reflected in financial statements?
RSM’s multidisciplinary Family Law Support team are experts in untangling the financial web in family law matters.

Case Study: Untangling the financial web

Understanding financial statements and their underlying supporting documents can feel like interpreting a foreign language, but they contain a wealth of important information for property settlements.
With new changes to the JobKeeper program, what does it mean for business owners?

New announcement and changes to JobKeeper 2.0 - What it means for business owners

The government has today released more detail surrounding much anticipated changes to the JobKeeper program.
Queensland may offer you ex gratia relief from a land tax liability.

Queensland foreign owner land tax surcharge: Ex gratia relief guidelines

In last year’s State Budget, the Queensland Government unexpectedly announced an immediate 2% surcharge on the Queensland land tax liabilities of foreign companies and trustees of foreign trusts (collectively, “foreign owners”).
What does the future of JobKeeper hold for Australian businesses?

A better approach to JobKeeper?

With speculation rife over the future of the JobKeeper scheme, we explore what has worked with the scheme, what hasn’t and possible changes to the scheme that may be considered when the Treasurer releases his economic update and the results of the Treasury review into the scheme.
 Corporate Tax

OECD's Annual Corporate Tax Statistics Publication

The OECD has released the 2nd edition of its annual Corporate Tax Statistics publication.
Will your JobKeeper records sustain an ATO review?

JobKeeper - Will your records sustain an ATO review?

The ATO have recently updated their ‘Keeping JobKeeper Fair’ guidance and have provided examples of the type of activity they are targeting when reviewing eligibility.
ATO’s assurance initiatives - Top 1,000 Tax Performance Program

ATO’s assurance initiatives - Top 1,000 Tax Performance Program

Established in July 2016, the ATO's Top 1,000 Tax Performance Program is in its fourth year of establishing greater assurance that large public and multinational taxpayer groups are paying their ‘fair share of tax’.
Accounting for changes to AASB 16 Leases

Accounting for changes to AASB 16 Leases

Accounting for COVID-19 related rent concessions and other modifications to lease contracts, from the lessee’s perspective.
The ATO has released long awaited guidance on Division 7A minimum yearly loan repayments and COVID-19.

Division 7A minimum yearly loan repayments and COVID-19

The ATO has released long-awaited guidance on Division 7A minimum yearly loan repayments and COVID-19. However, given the late release of the guidance and the onerous requirements to be satisfied in the application form it is arguably too little, too late.
Under the Director Penalty Regime, the Commissioner of Taxation is empowered to make Directors of a company personally liable for specific tax related liabilities of companies they represent.

The ATO Director Penalty Regime

The ‘corporate veil’ separates the rights, obligations and liabilities of a company’s Shareholders / Directors from those of the company itself.
Tax Returns

Employee Home Office Expenses

Due to the spread of COVID-19 and Government lockdown measures, most employees across Australia are relishing in the flexibility of being able to work from home.
The R&D Tax Incentive and Your Business

The R&D Tax Incentive and Your Business

The Research and Development Tax Incentive is a Federal Government initiative to encourage companies to invest in innovation that benefits Australia.
JobKeeper

Jobkeeper deadline - extended again?

A “systems issue” at the ATO’s end on the last day of enrolment caused frustration for entities that tried to log in but were locked out and could not access the portal. 
The Federal Government has announced an extension of the instant asset write off to 31 December 2020.

Instant asset write off extended

In an effort to promote further investment by Australian business, the Federal Government has announced an extension of the instant asset write off to 31 December 2020. Legislation is expected to be introduced shortly.
Do you have the evidence ready for a JobKeeper claim review by the Australian Taxation Office?

Do you have the evidence ready for a JobKeeper claim review by the ATO?

The first of June is traditionally the start of winter but, for the tax-minded amongst us, 1 June 2020 also marks the official start of the next phase of the JobKeeper scheme.
As is with the common cliché, the reality is that taxes are still a prevailing issue for everyone despite challenges they may be facing.

Tax planning considerations in a COVID-19 world

In times of crisis, it is normal to overlook certain aspects of life as health and safety become a focus. As is with the common cliché, the reality is that taxes are still a prevailing issue for everyone despite the challenges they may be facing.
The hidden payroll tax and WorkCover costs of JobKeeper payments that employers need to be aware of.

Employers to beware of hidden payroll tax and WorkCover costs of JobKeeper payments

By and large, the JobKeeper Payment scheme is a much-welcome lifeline for employees and employers alike, especially now that the payments have started to flow. However, from an employer’s point of view, they need to be aware that they may be forced to bear some of the costs of administering the scheme.
R&D tax claims in the resources and mining sector

Change, risk and opportunity: R&D tax claims in the mining and resources sector

With so much change impacting business, we present a summary for the mining and resource sector highlighting issues that could impact (some positive) their current and future R&D tax claims.

JobKeeper – Service entities, schemes and more complex rules

The legislative instrument setting out the modified rules for service entities, among other things, was registered by Treasury late in the evening on Friday 1 May 2020.
Transfer pricing issues of COVID-19

COVID-19 and transfer pricing issues: Financing

COVID-19 has had a pervasive effect on business and one of the most salient is its impact on a company’s cash flow and funding arrangements.

Calculating GST turnover for the JobKeeper Payment scheme

Calculating GST turnover for the JobKeeper Payment scheme – cash, accruals, or something else?  One of the critical aspects for an employer to consider and satisfy as part of the JobKeeper Payment Scheme is whether it has satisfied the decline in turnover test. 
Land tax relief for landlords and tenants has just been released

Land tax relief for landlords and tenants

Land tax relief for landlords and tenants following the release of the Mandatory Code of Conduct The National Cabinet recently signed off on the Mandatory Code of Conduct (“the Code”) for commercial landlords and tenants, which included a set of “good faith leasing principles”. 

New announcements to the 'JobKeeper Payments'

In recent days, the Federal Government has made updates to the JobKeeper payment Fact Sheet, providing clarity surrounding eligibility for certain individuals and consolidated groups, and extending the eligibility criteria for eligible charities.
COVID-19 – Decisive and proactive action

COVID-19 – Proactive steps to protect your business

Coronavirus (COVID-19) is a once in a 100-year event with a sudden and significant impact, prompting a financial crisis in markets and businesses across the world. The global nature of the crisis means that supply chains are disrupted, while revenue in many industries has collapsed. 

Active Asset? Small Business CGT Concessions characterised by ‘use’

On 20 December 2019, the Federal Court handed down its decision in the case of Commissioner of Taxation v Eichmann [2019] FCA 2155. The case considered the meaning of an ‘active asset’ for the purposes of the small business capital gains tax (CGT) concessions.
Indirect Tax

RSM Australia appoints Sam Mohammad as national head of indirect tax practice

RSM Australia (RSM), one of the largest mid-tier accounting firms in Australia, has announced the appointment of Sam Mohammad as national head of its indirect tax practice.

Beware of purchasing Victorian residential land in a trust

The Victorian Duties Act 2000 imposes a stamp duty surcharge of 8% on the acquisition of Victorian residential property by a foreign purchaser. This surcharge brings the top stamp duty rate to 13.5%.

Grain Marketing - A Tax Guide for Common Grain Contracts

Harvest in the West Australian wheatbelt is well and truly here, we think you (the hard-working farmers) all deserve a cold beer.

'Exempt' Motor Vehicles Caught Under Fringe Benefits Tax

Fringe Benefits Tax (FBT) arises when an employer provides a benefit to an employee (including Directors) in place of salary or wages and may include the provision of a benefit to an employee’s associate.  

Farmers set to lose tax deductions for vacant land

Farmers are set to lose tax deductions for vacant land – despite calls to Government to change the proposed legislation. The Government provided assurances “…farmers will be fully protected from any unintended consequences of the bill”. 

New black economy measures target withholding obligations and tax deductions

An extra layer of complexity is added for small businesses as new measures to tighten grip on the black economy targets withholding obligations and tax deduction.

What foreign owners of residential property need to know about lodging their annual return

In late 2017, the Australian Federal Government introduced an annual vacancy fee to be levied on  foreign owners of residential property, where the property is not occupied or generally available on the rental market for at least 6 months in a 12 month period. 

How the PM’s defeat impacts corporate tax rates

Following the proposal for reduced tax rates for corporate entities in 2016, the Treasury Laws Amendment (Enterprise Tax Plan No 2) Bill 2017 (the Bill) was ultimately defeated in the Senate on 23 August 2018 by a vote of 36 to 30. 

Foreign incorporated companies and changes to the tax ruling - What you need to know.

Most will remember the 2016 High Court ruling in the case of Bywater Investments Limited.

Reduced corporate tax rates - what rate of tax will my company pay?

While the legislation is transitioning, some have been left confused about the application of reduced corporate tax rates and the details of eligibility criteria during this state of limbo. To provide some clarity, we take a closer look.

Fringe Benefits Tax – ATO finalise their position on private use of vehicles.

New guidelines for private use exemptions of eligible motor vehicles for Fringe Benefits Tax (FBT) - ATO says yes to making a quick stop to grab a coffee (as long as it doesn’t add more than 2kms to your trip to work and is infrequent) but no to heading to cricket practice after work. 

R&D Tax Incentive Reform - Call for submissions

R&D tax reforms, as announced in the 2018-19 Federal Budget, are steps closer to implementation with the Treasurer and Minister for Jobs and Innovation releasing draft legislation proposed to enact the changes. 

New GST withholding rules - what property purchasers and developers need to know

The Federal Government has passed legislation that will require purchasers of new residential properties to remit the GST directly to the Australian Taxation Office (ATO) as part of settlement. The measures were first announced in last year’s Federal Budget. The legislation specifies: 

Budget falters on R&D tax (and how this impacts startups)

It’s the third budget handed down by Treasurer Scott Morrison and for those of us in the innovation space, a whole lot to digest. After poring over the detail, I’ve created a summary of notable items for your reading pleasure (disclaimer: it’s not all pleasant).

Is the ATO watching you and you don’t even know it?

The ATO is always keen to ensure that the tax system is fair and that all Australian taxpayers are paying the right amount of tax on their income.

Government Crackdown on Rental Property Deductions

The Government announced in the 2017 Federal Budget that it would be making changes to the legislation regarding Rental Property Deductions under the guise of “reducing pressure on housing affordability”.

Deductions for Mining & Petroleum Exploration Expenditure

The Australian Taxation Office (“ATO”) have recently issued Taxation Ruling TR 2017/1 to provide guidance on the application of both section 8-1 and section 40-730 of the Income Tax Assessment Act 1997 (“ITAA1997”). 

Budget 2016 - Corporate Tax Rates

Income Year Annual Aggregated Turnover Thresholds Rate 2016/17

Budget 2016 for International Businesses

Key announcements The Government has announced it will strengthen the anti-avoidance measures for multinationals recently legislated and previously announced in the 2015/16 Federal Budget by introducing the following additional measures:

Budget 2016 for Corporations

Cuts to Company Tax Rate The company tax rate will be reduced to 25% over the next 10 years. The company tax rate will be progressively reduced to 25% between the 2016/17 and 2026/27 income years.

Corporate interest deductions to be reduced?

Issue: News leaks that the Government will further reduce interest deductions for multinational groups. Action: Prepare for the worst, but perhaps with a reduced company tax rate to soften the blow?

Company taxpayers: are you ready for the public disclosure of your tax data?

Since tax was first collected, a fundamental feature of tax law has been the unconditional secrecy surrounding taxpayer data. In Australia that position changed in June 2013 when Australia’s tax secrecy laws were amended, directing the ATO to publicly report certain large company tax data.

Tax reform 2016: what’s it all about?

Some in the political media would have us believe Tax Reform 2016 is dead before it starts, and that because Australia currently faces a failure of political leadership – meaningful tax reform is difficult at the best of times, but at present, there simply is not the depth of character, or belief, in Canberra or the state capitals to push through the necessary chan

WA state tax exemption for charitable bodies or organisations

How will the changes affect your organisation?

Tax reform 2015 – a background

The Abbott Federal Liberal-National Party Coalition Government was elected in September 2013 on a platform of 'economic repair' which included promises to conduct two related white paper processes leading into the next federal election: a white paper on tax reform, and a white paper on the reform of Australia’s Federation.