Deductibility of payments due to scams

James Murphy Tax

Question: Could you please advise whether payments by a business as a result of a scam are tax deductible? My client is a farming partnership and receives invoices by email. Several of the invoices were intercepted by scammers advising of a change of banking details on the invoices. The changed invoices were then received by my client and paid into …

Staff Refusing to vaccinate

James Murphy Tax

Question: In NSW, the public health order has been updated for early childhood workers to have both vaccines by 8 November. I have one staff member that isn’t getting it and has no intentions of getting it. I am just wondering what I do. Do I need to write a letter of termination? Or does she write a letter of …

SMSF Question

James Murphy Tax

Question: I need to clarify the following scenario. If you have a Self-managed Super Fund, are you able to use any of the funds in providing a deposit for a house ( First Home Buyer)? Answer If we are talking about existing funds in super, the answer is no… But we mention in passing the First Home Super Saving (FHSS) …

Subject: CGT on the transfer of interest

James Murphy Tax

Question: I note the rollover provisions relating to the transfer of an asset under relationship breakdown, i.e., the party receiving the asset is liable for CGT if/when eventually sold. The cost base being that of the other party. However, what is the situation when under the “divorce” agreement, the property recipient pays an agreed price for the 1/2 share of …

Purchased Leave

James Murphy Tax

Question: I would like to know how purchased leave works. Could you please help with this? Specifically, I would like to know how purchased leave is taxed. Is it taxed when taken or when the initial deduction is made? I would also like to know how superannuation works when an employee purchases leave and if any additional leave is accrued …

CGT Calculation Unit Trust

James Murphy Tax

Question: Just wondering if you could assist please with a CGT calculation for a commercial property owned by a unit trust.  It is a commercial property from which my clients run their business. They lease it to their trading entity, another unit trust. They will continue to lease the premises from the new owners.   I understand that there are …

2021 pension and late penalties

James Murphy Tax

Question 2 In Manual 2021, I cannot find an explanation of how the pension amount should be calculated. I would also like to know what penalties there are if the pension is not paid on time? I had a problem paying the 2021 pension before 30 June, and I wondered whether I could appeal to someone for leniency. It could …

GST registered provider for NDIS

James Murphy Tax

Question: My client is a registered provider for NDIS and has the GST concession as a NFP entity. Currently registered for GST Major incomes are from government funding. The question is whether this business can still claim a GST credit for expenses, such as rent and general business overhead expenses, for running a business. ATO website does not really show …