2009 "Investment Allowance" for business - golden opportunity or not?

well thats what im hoping electro with a new ute being a landscaper... but what do we say we use the tv for.... :D

I do a lot of computer aided electronic design of boards and I also write software. I think I can claim that the bigger "monitor";) will be used with my computer for my business practices.:)
 
coastymike Good point. It is $600 in depreciation. Serves me right for responding with the flu. Have fun.

I am not an accountant but would you not pro-rata the depreciation in the tax year depending on when the laptop was bought?

Also, according to Treasury's Q&A the proportion spent on software would not be eligible for the bonus allowance.
 
So, if my business buys a house and land package, can it claim the 50% deduction? It would be an income producing asset.

$200k Land
$150k House
_____
350K total

75k Deduction (150*50%)

$22500 refund @ 30% tax

This equates to almost 7% equity for free, not to mention stamp duty savings because its a new build.
 
Hi michal thanks for response, awesome so that means- ie i buy a 30k ute then for the 09-10 tax return i can claim 19,500 for the ute which includes the depreciation ?
then each yeah i can claim $9000 is that right or am i wrong?

My interpretation: (for ease of calculation lets say the ute is $33000 and you're registered for GST)

33000 (before end of FY)
claim back 3000 gst
claim 50% 'investment allowance' depreciation 2008-09 tax year: 15000 deduction
claim 15% depreciation (SBE - simplified depreciation, first year of asset): 4500
FY 2009-10 can claim 30% of the written down value of 25500: 7650

So you should be able to claim 19500 depreciation 2008-09. I think.
 
Last edited:
Just a quick one on GST. I know the gst is excluded from 50% tax deduction but what if I'm not registered for GST?

All my income comes from overseas and therefore my services are treated as an export for tax purposes (i.e. GST not required to be collected and payed). So for this reason and to the BAS I have not bothered registering for GST.

Now I know I can't claim GST back on purchases if Im not registered but if I do register but not actually pay the ato any GST (since Im not collecting it) can I still claim it back as an input tax? Can anyone shed some light?
 
Just a quick one on GST. I know the gst is excluded from 50% tax deduction but what if I'm not registered for GST?

All my income comes from overseas and therefore my services are treated as an export for tax purposes (i.e. GST not required to be collected and payed). So for this reason and to the BAS I have not bothered registering for GST.

Now I know I can't claim GST back on purchases if Im not registered but if I do register but not actually pay the ato any GST (since Im not collecting it) can I still claim it back as an input tax? Can anyone shed some light?

Does not being required to collect GST exclude you from being able to claim it back on legitimately incurred expenses? Don't know much about exporting. Offhand, I would say you probably could claim back the GST on your expenses...but I'm no expert.

Otherwise, if you can't claim back the GST, with 'normal' depreciation I think you just depreciate the full amount, GST included. Don't know if that's the case for the investment allowance though.
 
This thread has had me thinking long and hard over the last few days. It has also reinforced my dislike for searching the ATO website - because I can never bloody find relevant things. I suspect half the the time it is simply because I'm not searching for the correct terms. Anyway...

The attractiveness of the 'investment allowance' is the significant upfront weighting. If an eligible company (<$2million) purchases a vehicle for business purposes prior to end of June, is there anything stopping that entity from deciding the vehicle is not suitable, and after 6 monthsselling it off to one of the company directors (or the sole company director if there's only one) or said director's spouse, and then purchasing another vehicle and doing it all again before the "cut-off" for the 50% investment allowance at the end of December 2009? Everything I've read suggests there is no limitations to the number of purchases that can be made.

All the searching I've done has not revealed the tax implications of this. There must be some sort of fringe benefit issue? I've found a reference to the GST ramifications of exactly what I've suggested above, but little else. http://www.ato.gov.au/businesses/content.asp?doc=/Content/18276.htm&page=5&H5 Talks of selling a $22k car to a director for $2200??

I did see an oblique reference to some sort of 'acceptable percentages of initial value' in a forum post somewhere - I got the feeling it was some 4wd forum?

Even so, if the transaction was demonstrably 'at arms length' - eg sale at the 'termination value' of the asset (car), is this a valid approach? Is there a minimum time a business/company must hold such an asset before disposal?
 
This thread has had me thinking long and hard over the last few days. It has also reinforced my dislike for searching the ATO website - because I can never bloody find relevant things. I suspect half the the time it is simply because I'm not searching for the correct terms. Anyway...

The attractiveness of the 'investment allowance' is the significant upfront weighting. If an eligible company (<$2million) purchases a vehicle for business purposes prior to end of June, is there anything stopping that entity from deciding the vehicle is not suitable, and after 6 monthsselling it off to one of the company directors (or the sole company director if there's only one) or said director's spouse, and then purchasing another vehicle and doing it all again before the "cut-off" for the 50% investment allowance at the end of December 2009? Everything I've read suggests there is no limitations to the number of purchases that can be made.

All the searching I've done has not revealed the tax implications of this. There must be some sort of fringe benefit issue? I've found a reference to the GST ramifications of exactly what I've suggested above, but little else. http://www.ato.gov.au/businesses/content.asp?doc=/Content/18276.htm&page=5&H5 Talks of selling a $22k car to a director for $2200??

I did see an oblique reference to some sort of 'acceptable percentages of initial value' in a forum post somewhere - I got the feeling it was some 4wd forum?

Even so, if the transaction was demonstrably 'at arms length' - eg sale at the 'termination value' of the asset (car), is this a valid approach? Is there a minimum time a business/company must hold such an asset before disposal?



My accountant said because of FBT reasons, we are better off using a different ABN that is not a company ABN to buy the car.
 
Apocalypse

First question to ask is whether in such a situation the vehicle was trading stock which would mean that it is not eligible for the investment allowance.

Second question is whether Part IVA would apply to the transaction.
 
Apocalypse

First question to ask is whether in such a situation the vehicle was trading stock which would mean that it is not eligible for the investment allowance.

Second question is whether Part IVA would apply to the transaction.

First answer: not trading stock - a legitimate business purchase of a vehicle for use predominantly for business purposes. Any private use offset by employee contribution.

Second answer: possibly...I think you'd be hard pressed to argue that after 6 months the Commodore you were using was no longer appropriate and you switched to a Falcon; but switching from a Commodore to a diesel utility because of a need to carry different loads could present a compelling business reason. Is Part IVA the only potential 'stumbling block'? If we ignore Part IVA for the moment, would an asset's "termination value" avoid a FBT liability, or would it need to be the market value?
 
Hi Guys,

Seemed like a good idea so we've just signed up to buy a new commercial vehicle for the company. Will get a 50% rebate in this year's return as well as all the ongoing benefits of deductibility in subsequent years.

Its a ute, so fully commercial so doesn't attract FBT. Also doing it under Corporate Higher Purchase (see my other thread around brokering a good rate). Can't do it under Novated Lease as it is owned by the lessor.

Worked out to be a great idea given the added deduction up front.

Cheers,
Michael
 
If our small business - corporate trustee of our Family Trust - buys a >$1K laptop before 30 Jun 09, will it be eligible for the investment allowance deduction?
My understanding was that the deadline was actually 31 December 09 (for an eligible small business).

Although obviously if I bought something after June 30 I would only be able to claim it next FY.
 
Thanks for the thread Tracey.

Great comments and hypertheticals guys. You have started me thinking. . . . .seems I better speak to hubby tonight to see what we need. Next stop, accountant.

I am also suprised there has not been much feedback about this from the media. Guess it doesn't apply to the average Joe, so therefore isn't much in the way of "news".

Regards JO
 
First answer: not trading stock - a legitimate business purchase of a vehicle for use predominantly for business purposes. Any private use offset by employee contribution.


How can you determine employee contribution before you have driven the vehicle to find out what percentage will be private use?

How do I pay a certain percentage for private use if I am to buy the vehicle outright? Thanks.
 
How can you determine employee contribution before you have driven the vehicle to find out what percentage will be private use?

How do I pay a certain percentage for private use if I am to buy the vehicle outright? Thanks.

You can't before, but you should have a rough idea to figure out if it's viable or not. Then you would keep a log book for a minimum of 12 weeks to ascertain a more accurate percentage.

If you operate through a company structure, you can make a post-tax private contribution to offset the non-business use and eliminate any fringe benefit liability. If you personally own the vehicle you can only claim the percentage of business use as a deduction.
 
You can't before, but you should have a rough idea to figure out if it's viable or not. Then you would keep a log book for a minimum of 12 weeks to ascertain a more accurate percentage.

If you operate through a company structure, you can make a post-tax private contribution to offset the non-business use and eliminate any fringe benefit liability. If you personally own the vehicle you can only claim the percentage of business use as a deduction.

Thanks Apocalypse.
Let me rephrase my question again as I am still not clear.

Say I buy the car through the company structure outright and pay in cash from the company fund. Probably some numbers will reveal better what I am asking.

Let's say a car is 55k with GST included. Lets also say that I will use this car for 50% business use. Before GST it is 50k.

Since the 50% business allowance claim does not have to be only on the business use part of the vehicle, I can claim 50% depreciation in the first year irrespective of my business use % of the vehicle. That is my business can claim 25k is depreciation first year just from the 50% small business criteria.

That still leaves 15% depreciation left for the car for first year use (using simplified depreciation rule). Since I am using the car for 50% business use, my business can claim another 7.5% of 50k=3.75k.

So the total business depreciation for first year is (25+3.75)k.

Does this also mean that I should pay 50% of the GST from my post-tax $. And the rest 2.5k GST can be claimed by the company?

Please enlighten as we actually need a car and we are about to get one soon.

Does this process allow me to not pay FBT?

What's the other way I do not have to pay FBT if not like above and not going into a lease?
 
Thanks Apocalypse.
Let me rephrase my question again as I am still not clear.

Say I buy the car through the company structure outright and pay in cash from the company fund. Probably some numbers will reveal better what I am asking.

Let's say a car is 55k with GST included. Lets also say that I will use this car for 50% business use. Before GST it is 50k.

Since the 50% business allowance claim does not have to be only on the business use part of the vehicle, I can claim 50% depreciation in the first year irrespective of my business use % of the vehicle. That is my business can claim 25k is depreciation first year just from the 50% small business criteria.

That still leaves 15% depreciation left for the car for first year use (using simplified depreciation rule). Since I am using the car for 50% business use, my business can claim another 7.5% of 50k=3.75k.

So the total business depreciation for first year is (25+3.75)k.

Does this also mean that I should pay 50% of the GST from my post-tax $. And the rest 2.5k GST can be claimed by the company?

Please enlighten as we actually need a car and we are about to get one soon.

Does this process allow me to not pay FBT?

What's the other way I do not have to pay FBT if not like above and not going into a lease?

Alright. Let me point out I am not an accountant so I really have NFI...but this is what my research suggests.

What you outlined is accurate, I believe, if the purchase is made privately but through a business ABN, and apportioned approriately for business/private use. But through a company it seems to work a bit differently. You need to consider the depreciation aspects and the fringe benefit aspects separately. And they may well appear to bear little similarity to each other!

OK. The company buys the car for the company's business. This is a 100% business capital expense. Using your 55k example (and ignoring the fact that some of the costs of buying the car - eg rego/stamp duty aren't capital in nature and don't actually form part of the cost base...) 5k back in GST straight away, 50k cost base for depreciation.

50% deduction for the investment allowance, 15% for the first year under SBE concessions = 25000 + 7500 = 32500 deductible, leaving a 'closing value' for the car of 42500. If you purchase before June 30, that's in the 2008/2009 FY. For 2009/2010, your depreciation claim would be 30% of 42500 = 12750. Other operating costs such as fuel, insurance, etc are just straight deductions (ex-GST). That's the INCOME TAX side of things. If the vehicle is used 100% for business purposes (or for the odd little exempt purpose) that's the end of the matter - no FBT liability to consider.

But if there is some private use - this is where it gets tricky. And probably why your accountant said its easier through a non-company ABN.

Now remember - this is just the way I see it. I could be totally wrong.

If there is private use of a company/business asset, this generally gives rise to a fringe benefit. Which they tax - generally at a prohibitive amount to discourage the practise (practice?). But there are means to avoid this punitive tax.

With respect to cars, there are basically two ways of doing so - the statutory formula method, or the operating cost method. Statutory formula is better when there are a high number of km travelled, but with a low business use proportion. Operating method is better if the relative private use is low. At a 50:50 split I don't know which is better - it would depend on how many km the vehicle travels over the year.

Now - speaking of years - FBT is all calculated around the fringe benefit year - April 1st to March 31st. So the figures you use when performaing calculations for assessing a FBT liability may well be DIFFERENT to the ones you use when calculating values for income tax purposes.

For reference, I would suggest consulting http://www.ato.gov.au/businesses/content.asp?doc=/content/fbt_guide.htm and specifically Chapter 7.

The statutory formula is easier to use. But it ignores any differentiation between business and private use, and ignores any costs like fuel/etc. It basically gives you a "taxable value" simply by multiplying the cost base of the vehicle by the appropriate percentage, which depends on your mileage
Total kilometres travelled during the year
Statutory percentage
Less than 15,000 = 26%
15,000 to 24,999 = 20%
25,000 to 40,000 = 11%
Over 40,000 = 7%​

So if you travelled 20000km for the Fringe Benefit year, your percentage would be 20%. 50k x 20% = 10k. This is your taxable value. If you do nothing, the company will be required to remit FBT, which means 'grossing up' this value (multiplying by 2.0647) and then applying the FBT rate of 46.5% to the result. About $9600. This is on top of all the other running expenses the company has already coughed up for. If the car was cheaper, it would be less. If the mileage was higher, it would be less. But, If you made a personal contribution from your own pocket of 10k that would reduce the taxable value to zero, and remove the FBT liability. This is generally the better way to do things, and there are numerous "examples" demonstrating the net benefit if you google.

The operating cost method is more complex, but gives a better result with higher business use. The taxable value is is the 'private use' percentage of the following: actual running costs like fuel, rego, insurance, maintenance, etc; a 'deemed depreciation' figure, and a 'deemed interest' figure http://www.ato.gov.au/print.asp?doc=/content/76140.htm. The deemed interest I don't really understand and I think is there just to fudge the figures upwards a bit to discourage private use. Anyway.

Actual operating costs you simply tally up (for the Fringe Benefit year period - not financial year period). Deemed depreciation uses the standard diminishing rate for cars, which is now 25%. Remember this is depreciation figure is only for the purpose of calculating the FBT liability. It has NO bearing on the depreciation you may claim on the company's income tax side of things. Deemed interest is the deemed depreciation rate times the statutory interest rate (currently 5.85% as per above link). Lets say fuel/rego/insurance/etc for that period was $4000.

Deemed depreciation = 50000 x 25% = 12500
Deemed interest = 12500 x 5.85% = 731

4000 + 12500 + 731 = 17231

And the taxable value is the personal use percentage of that figure - 50% in the example, = 8615.

So if you make a private contribution of that amount, it will reduce the value to zero, with no FBT liability.

Simple, huh?:eek:
 
  • Like
Reactions: JIT
Very comprehensive explanation there Apocalypse. That pretty much explains the way my wife and I salary package our novated leases for cars through our Government employers.

So far this arrangement has worked out quite nicely and it's great getting a new $50K car every few years and being able to sell the old one pocketing a few thousand dollars cash which is the gap between the residual payout and market value.

However, I now operate a small business in addition to my Government job and I am wondering whether there would be more benefits of buying a car through my business? I am in a medical profession and my accountant has suggested I employ a structure involving a Family Trust for my business income to be able to distribute income to my wife (who is on a lower income) and my baby. Could anyone suggest whether I might be better off getting a car through my business, perhaps even purchased through some kind of trust/company structure and then utilising the "Investment Allowance"? I would still need some kind of loan for a car as our cash is tied up in properties/cash buffer/renovation funds.
 
Lukey

You can have a company as trustee of a trust, and have the benefits of both the company and a trust.

Being in the medical profession I'm surprised that you don't operate through a trust anyway (assuming that your business is your medical profession). If you get sued as a private person then all your personal assets are at risk. If you are operating through a trust then my understanding is that only the assets within the trust are at risk.

I may be wrong on that, seek professional advice etc.
 
You can have a company as trustee of a trust, and have the benefits of both the company and a trust.

Thanks Geoff. Could you briefly outline what the benefits of a trust and a company are?

Being in the medical profession I'm surprised that you don't operate through a trust anyway (assuming that your business is your medical profession). If you get sued as a private person then all your personal assets are at risk. If you are operating through a trust then my understanding is that only the assets within the trust are at risk.

Would that suggest that I should keep IPs (and definitely any PPOR) in personal names?
 
Back
Top