ATO turns focus to MIS tax deductions

australian taxation office ATO self-managed super funds compliance capital gains

6 August 2009
| By Benjamin Levy |

The Australian Taxation Office (ATO) has warned it will pay close attention to claims relating to managed investment schemes, as well as other retail investment products, over the coming year to ensure any claimed deductions are legitimate.

The ATO expects an increase in the number of people claiming investment sale losses in the coming year and has written to holders of investment properties, shares and managed funds to warn them of their capital gains tax obligations.

It will also continue to encourage participants of “dodgy” schemes to make voluntary disclosures and take advantage of possible reduced penalties. Schemes such as those offering illegal early access to super remain a concern for the tax office.

The ATO will work to raise awareness of the reduction to concessional contribution caps for super to ensure that people who exceed the caps are identified and action is taken, and will follow up complaints from employees about employers who do not pay the correct amount of super.

The ATO will also increase its compliance work to match the increase in self-managed super funds, targeting schemes designed to illegally release super funds early, and ensuring that approved auditors fulfil their role properly. It will cover at least 10 per cent of all new funds during the year, focusing on loans, in-house assets, borrowings and non-arm’s length transactions.

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