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ATO COMPLIANCE PROGRAM – 2012/13

The ATO will be targeting the following areas (among others) in the 2012/13 financial year:

Individual taxpayers:

  • incorrect or fraudulent refunds from over-claiming and deliberate fraud;
  • review of work-related expenses for occupations with high levels of claims;
  • people getting caught up in tax avoidance schemes;
  • omitted income, including dividends and interest, capital gains and foreign source income;

Micro enterprises (businesses with an annual turnover of under $2 million or superannuation funds with less than $2 million in assets):

  • unrecorded and unreported cash transactions;
  • employer obligations;
  • GST refund integrity and GST evasion;
  • incorrect fuel tax credit claims following implementation of the clean energy measure;

Small to medium enterprises (businesses with an annual turnover of between $2 million and $250 million):

  • participation of wealthy individuals in the tax and superannuation systems;
  • use of trusts to inappropriately minimise tax;
  • Division 7A – treatment of private company profits;
  • capital gains – non-disclosure and incorrect reporting;
  • employer compliance with fringe benefits tax rules;
  • integrity of business systems for GST and excise obligations;
  • GST and property transactions;

Superannuation

  • SMSFs compliance with obligations, including
  • income tax
  • illegal early access to superannuation
  • the competency of approved auditors;
  • employer compliance with their superannuation guarantee obligations;
  • the quality of information reported to us by superannuation funds;
  • excess contributions paid into superannuation funds;
  • large fund compliance with their income tax obligations.

Pointon Partners has recently assisted clients in several ATO audits in relation to a number of the above issues by identifying potential risks, so that clients can better prepare for the audit process, which can be lengthy and costly. We have also advised clients regarding possible strategies to deal with those risks. In some instances, we have recommended the implementation of particular policies and guidelines to assist our clients in ensuring that compliance with tax and other laws are maintained.

If you would like further details regarding these matters, then please contact Anthony Pointon, Robert Gordon or Laszlo Konya on 03 9614 7707.

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