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Scam vs. Non-Scam
Banks employ clever systems and people so that their customers lose as little as possible. But they aren't perfect. Non-Scam - Legitimate Purchase We are selling a property - and property marketing fee is coming up on CBA alert as a new bank account. But because the "pay now" unique button says "the below BSB and ACC numbers are unique identifiers to your invoice" - I'm confident to proceed because it all makes sense. Accidental Use of Your Email/Phone I've had times where my email/phone number has been used by accident. For example my phone number is accidentally put for someone picking up a parcel* - if I need to "tell" the business that it is an issue I do so, but in this case (the parcel was collected I assume by the correct person) - I ignore it. (*Note - this was the legitimate AUS-Post SMS that I've had other messages from and I couldn't reply to - not just a mobile number that is a typical scam that says "your parcel has been delayed") Love to hear of your scam/non-scam.
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Case - Don't Pay a "Cash price" if you wish to claim a tax deduction!
I had to explain to my mum some years ago - when someone offers you a lower price for CASH. They mean that they are cheating the tax office and not declaring the income. So they usually are: 1. Not paying 1/11th GST 2. Not paying income tax at their marginal tax rate (25% for company or usually 34.5% for sole traders between 45k-120k) 3. Probably still claiming their expenses as normal. So they are potentially TRIPLE CHEATING. And given that a large portion of Tax raised goes towards the poor, aged, disabled or towards useful things like schools, hospitals, roads, etc. - in my opinon they are unAustralian. (I do respect differing points of view of course). https://www.ato.gov.au/general/gen/the-cash-and-shadow-economy/ While the ATO doesn't catch everyone - there are a bunch of tools that they do have Such as Small Business Benchmarks and Personal Living Expenses Worksheet (below) to try to show that someone is not reporting their income https://www.ato.gov.au/uploadedFiles/Content/MEI/downloads/BUS00195965n72959_01_11.pdf
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Case - Paying Business Expenses in Cash - bad idea (Also more about Record Keeping)
Paying Business Expenses in Cash is not illegal. But as a Bank Statement or Credit Card statement can also serve as another proof of purchase if you lose the receipt - paying business expenses in cash isn't usually a good idea. Personally, I try to minimise "record keeping" as much as possible. You are required to have a record to claim a tax deduction (and/or a GST credit) - but it is an "admin" activity not a "growth" activity - i.e. it doesn't help your business (or you) create wealth. ATO Taxation Ruling 2018/2 - About Record Keeping & Electronic Records https://www.ato.gov.au/law/view/document?DocID=TXR/TR20182/NAT/ATO/00001&PiT=20200317000000 ATO Taxation Ruling 96/7 - About Record Keeping (note it was made in 1996!). https://www.ato.gov.au/law/view/document?docid=TXR/TR967/NAT/ATO/00001
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Case -Taken Money from your SMSF before retirement
I had an enquiry where a potential client has taken money from their SMSF before retirement - they had intended to make a property investment with the SMSF, but ended up purchasing the property in their own name. I knew the consequences were likely to be quite serious. But luckily I found from other accountants who have been in similar situations - if you engage early with the ATO - they may just require that you pay the money back with interest, then roll the funds into a non-SMSF (i.e. a retail or industry fund), then agree not to be part of an SMSF again. Examples: https://www.ato.gov.au/Super/Self-managed-super-funds/In-detail/SMSF-resources/SMSF-case-studies/Early-engagement-and-voluntary-disclosure/ How we help you if you engage early. https://www.ato.gov.au/Super/Self-managed-super-funds/Administering-and-reporting/How-we-help-and-regulate-SMSFs/SMSF-early-engagement-and-voluntary-disclosure-service/ SMSF support services (for SMSF professionals like us:) https://www.ato.gov.au/Super/Self-managed-super-funds/In-detail/SMSF-resources/SMSF-support-services/
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