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Tax Issues - Frequently Asked Questions

Which is the most tax effective:  sole trader, partnership or company?

If I employ someone, do I need to contact the ATO?

What is Fringe Benefits Tax (FBT)?

Who pays FBT?

Can I depreciate equipment and furniture?

Can I claim mileage and use of my car as a business expense?

 

Which is the most tax effective:  sole trader, partnership or company?

There is no set answer for this question. There are too many factors that need to be taken into account. As each case should be looked at individually, it may be worthwhile speaking to a professional adviser or to your accountant so that you can get the right advice for your situation.

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If I employ someone, do I need to contact the ATO?

Yes, you need to register for PAYG and you will be required to deduct tax from your employees’ wages.  You can register by calling the ATO on 13 28 66 or electronically through their website at www.ato.gov.au.

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What is Fringe Benefits Tax (FBT)?

Fringe Benefits Tax is a tax payable by employers for benefits (as defined by the Act) paid to an employee or the employee’s associate. Examples of benefits include a car, car parking, low interest loan and payments of private expenses. Salary, wages and superannuation are specifically excluded.

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Who pays FBT?

Fringe Benefits Tax is payable by employers and is assessed on the value of the fringe benefits payable to the employee or their associates. Further information is available from the ATO.

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Can I depreciate equipment and furniture?

The income tax laws allow you to claim an annual deduction for wear and tear of items used to produce the income disclosed in your tax return.  This deduction allows the capital cost of plant to be written off over the effective life of each item.  For further information on how to claim a depreciation deduction, please refer to the ATO.

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Can I claim mileage and use of my car as a business expense?

If you use your car for business you are able to claim some of the costs of running it.  Self-employed people are required to substantiate their claims if the vehicle is a motor car, a station wagon, a panel van, utility vehicle or other road vehicle designed to carry less than one tonne or fewer than nine passengers.  There are a number of different methods for claiming motor vehicle expenses, these are outlined in the ATO website and publications.

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