the years I have dedicated this book to many amazing people who have had a huge impact on my life. My mum and dad (who have both passed away); my three kids (Hamish and Zoe on earth and Sophie in heaven); my wife Kylie; my university colleagues; the Irish cricket team; the Allies on Kokoda; the frontline emergency services and healthcare workers and even the Commissioner of Taxation!
But I also dedicated two editions to two amazing families who helped us have Hamish and Zoe via surrogacy (the Donavans and the Merediths). Before we started the surrogacy process, I remember one of our tummy mummies telling us that she had a gift to bear children, but ‘a gift is not a gift unless it is given’.
I feel the same way about this book. Ever since I started working as an accountant at the age of 18, I have had a gift (some would say a curse) for understanding tax. But as a gift should be given, I have decided to share some great tax tips with you for a small tax deductible fee (that is, the price of this very cheap book!).
Whatever you get out of this book, I hope it is positive and not too taxing! And this is my gift to you.
PART I YOU AND YOUR FAMILY
From marriage and children right through to divorce, retirement and ultimately death, all families encounter many life-changing events. And in nearly all of these events, there are tax consequences along the way.
The Australian tax system offers a range of tax benefits including credits, refunds, offsets and bonuses to support families. Some people feel ambivalent about putting their hand out for government entitlements. But don't be shy in claiming your fair share. After all, the government doesn't get shy when it comes to taxing you!
Tax evasion and tax avoidance are illegal ways of reducing your tax payable. Tax planning and tax minimisation are legal ways of reducing your tax payable.
Part I looks at the tax concessions available to families, the special considerations you need to look out for, as well as some simple strategies to save tax within your family.
You need a tax file number (TFN) to be eligible for any of these tax concessions, as do your spouse and your children if they have income, superannuation or investments.
1 MARRIAGE
Accountants are frequently asked two questions by couples who are just about to get married: ‘Are there any tax implications once we tie the knot?’ and ‘Do we need to start doing joint tax returns?’
Your wedding day is a special day. So I'm perplexed as to why on earth the bride and groom are thinking about the ATO during such an exciting time in their lives!
You don't need to worry about tax in the lead–up to your nuptials. Unless you are involved in a business together, you don't have to lodge a combined tax return. Any share of joint investments, such as interest, dividends and rental properties, is still recorded separately in your respective tax returns.
You don't have to lodge a combined tax return if you're married. Any joint income is recorded separately in your respective tax returns.
You do need to show on your return that you now have a spouse, and disclose his or her taxable income each year.
The combined income of married couples is taken into account if you don't have private health insurance (an extra 1 per cent Medicare levy is charged if you earn over $180 000 combined, increasing to 1.5 per cent for couples earning more than $280 000) as well as when calculating Family Assistance Office benefits such as child care rebates and family tax benefits.
If you elect to change your name, you can notify the tax office:
by phone on 13 28 61
by post after completing the Change of details of individuals form (NAT 2817)
or online via your myGov account at www.my.gov.au. Make sure it is linked to the ATO.
You will need either your Australian full birth certificate; your Australian marriage certificate; or your Australian change of name certificate.
According to the ATO, the definition of spouse has been extended so that both de facto relationships and registered relationships are now recognised. Your ‘spouse’ is another person (whether of the same sex or opposite sex) who:
is in a relationship with you and is registered under a prescribed state or territory law
although not legally married to you, lives with you on a genuine domestic basis in a relationship as a couple.
Since 1 July 2009, people living in same-sex relationships have been treated in the same way as heterosexual couples for tax purposes. The ATO has outlined some of the tax concessions now open to same-sex couples, including:
Medicare levy reduction or exemption
Medicare levy surcharge
dependant (invalid and carer) tax offset
senior and pensioner tax offset
spouse super contributions tax offset
main residence exemption for capital gains tax.
It is not unusual to find a couple where each owns a main residence that was acquired before they met. However, spouses are only entitled to one main residence exemption for capital gains tax (CGT) purposes between them. If both members of a couple own a main residence they must do either of the following:
select one residence for the exemption
apportion the CGT exemption between the two residences.
Provided the homes meet the requirements for the main residence exemption, they will both be wholly exempt from CGT for the period prior to the couple being treated as spouses. However, from the time the couple became spouses, only one exemption is available, though this may be divided between the two dwellings.
