The ATO Focus
The property and construction industry is a major contributor to Australia's economy, with businesses ranging from sole traders to large businesses. It's also one of the top industries the ATO receive tip-offs about, particularly regarding tax and super compliance concerns.
While most small businesses try to do the right thing, they see ongoing issues in this industry with paying the correct amount of tax and GST compliance.
The ATO are on a mission to ensure that small businesses in the property and construction industries, for example, builders, contractors or tradies, understand their tax and super obligations and are reporting and claiming correctly. We will take firm action against those who deliberately choose not to engage with us or comply with their obligations.
Due to mistakes, misunderstanding or deliberate behaviour, they are seeing some small businesses in the property and construction industry:
omitting income through
not reporting all income, whether received in cash or money deposited into bank accounts
incorrectly classifying income from property development
contractors omitting income reported to the ATO through the taxable payments reporting system
overclaiming expenses and GST credits
incorrectly reporting expenses that are private in nature as business expenses, or not apportioning an expense correctly for business and personal use
not registering for GST when required
using business funds and assets to support their personal lifestyle, tax-free.
So How Do You Get it Right
To get it right, you need to report all assessable business income, including cash income and any money deposited to your business and private accounts that is related to your business activities. You also need to correctly report your expenses and business deductions, including correct apportionment of expenses if the asset was used for both business and private purposes.
Over the coming months the ATO will have a specific focus on the property and construction industry. If we suspect a company may have omitted income or overclaimed expenses in your tax return or business activity statements (BAS), they may:
contact you or your tax professional to request you fix a mistake or amend your tax return or adjust or fix your BAS
contact you or your tax professional to better understand your circumstances and potentially request you amend your tax return or BAS
conduct a review or audit of your business – penalties and interest may apply.