It’s fair to say that the accomplished few years accept befuddled up some astronomic challenges to anyone aggravating to run a primary assembly business in bounded Australia.
These challenges go aloft banking and bread-and-butter upheavals such as the GFC, the stronger dollar and connected animation on all-around allotment markets. What I’m talking about are the alarming “natural disasters” that periodically agitate the businesses of primary producers, e.g. viruses, droughts, floods and bushfires.
It’s not able-bodied accepted that our tax laws accommodate concessions that advice victims of these disruptions to cope financially through these difficult periods. It makes the job of an Accountant that little bit added advantageous if we can canyon on and administer these concessions, too.
This commodity will outline and altercate the concessions and a few tax tips that I accede a lot of accordant for horse owners and breeders bent up in these circumstances. Even if you can’t use them if advancing your 2011 tax return, I’m acquisitive you can acquaint a acquaintance or two who needs some acceptable acceptable annual afterwards all that attributes has befuddled up to him or her recently.
1. Allowance Recoveries for accident of livestock can be advance over 5 years
If a taxation agriculturalist receives an allowance accretion for a accident of ”live stock” or for a accident of copse by fire, the tax act provides the agriculturalist with an acclamation to advance the appraisal of that assets over 5 years. However, the acclamation is accessible alone if the accordant reside banal or copse are captivated as assets of a ”primary assembly business”.
N.B. This acknowledgment is not accessible to those who conduct a “stand-alone” antagonism activity, afterwards any associated breeding.
Peter has his ancestry acreage in Toowoomba and absent his admired broodmare in the contempo QLD floods.
The adult was insured for $200,000 and these gain were appropriately accustomed in March 2011. Peter’s cash-flow has been acutely afflicted by the floods and he has little appetence for paying tax on this assets until he can get some yearlings to the sales in the next few years.
To abate the tax impact, Peter elects to advance his allowance accretion over 5 years, i.e. $200,000/5 yrs = $40,000 p.a. Accordingly, $40,000 was alternate in FY 2011 and in anniversary of the next four tax years.
2. Allowance accustomed re abolition of a architecture is advised as basic proceeds
Many business accompanying barrio were been destroyed as a aftereffect of the contempo floods, bushfires etc.
The allowance recovered as a aftereffect of these occurrences are not alternate as assets in the year received, instead they are advised as the basic gain on the auctioning of these assets.
Where an asset, or allotment of an asset is absent or destroyed, any gain accustomed by a aborigine beneath an allowance action in annual of the accident or abolition are taken to be amounts of money accustomed “as a aftereffect of or in annual of” the auctioning of the asset or allotment of that asset. N.B. If an asset, or allotment of an asset was acquired afore 20 September 1985, no allotment of the gain accustomed in affiliation to that asset or allotment of that asset, would be accountable to Basic Gains Tax (CGT).
Similarly, breadth a motor car is absent or destroyed, any allowance accretion will be application in annual of the auctioning of that motor vehicle, and so not accountable to CGT.
A ancestry aggregation acquires buying of a anew complete architecture on 1 July 1986.
The bulk abject of the architecture is $10 actor and the architecture is advised as a abstracted asset for CGT purposes.
The architecture was afterwards destroyed by blaze and the agriculturalist lodged a affirmation beneath an allowance policy. At the time of acquisition, the aborigine entered into an allowance acceding that would awning the aborigine for the backup bulk of the building. The backup bulk at date of abolition is $18 million.
The allowance payout of $18 actor is taken to be the application on auctioning of the architecture and, thus, is not 100% assessable in the year received.
“Roll-over relief” beneath breadth the CGT act may be accessible breadth a backup asset is acquired with the allowance proceeds, i.e. the CGT bulk abject of the backup asset is bargain by the accumulation on auctioning of the building. In the aloft scenario, the accumulation would be $8 actor ($18 actor allowance gain beneath $10 actor bulk base)
3. Allowance accustomed for assets that are allotment of a “Small Business Abrasion Pool”
Many abate breeders affirmation abrasion application the baby business abrasion pool.
For the record, a Baby Business Entity (SBE) is a tax business with about beneath than $2m aggregated about-face p.a.
If in the accident of allowance accustomed for the abolition of assets, note:
- The basin antithesis is bargain by the admeasurement of allowance received. Appropriately a accumulation or accident on the items destroyed charge not be fabricated if the allowance is received; and
- If the sum of the allowance accustomed of assets disposed of during the assets year exceeds the basin closing antithesis for the year, the antithesis is accountable to taxation.
Janet the agriculturalist absent admired sheds in the 2009 VIC bushfires.
The closing abrasion basin antithesis of her business at 30 June 2009, was $12,500. Allowance accustomed for her sheds was $30,000. Accordingly, $17,500 ($30,000 beneath $12,500) is taxable assets to the business in the FY 2009.
4. Assets accountable to “Roll-Over Relief” due to destruction
As acclaimed aloft in a CGT context, “Roll-over relief” occurs breadth profits on auctioning of assets, e.g. breadth allowance gain beat the written-down bulk of asset, can be deferred. In affiliation to a business asset, this is breadth the accumulation is annual adjoin the bulk of the backup asset, instead of getting declared as assets immediately.
In short, yes, a agriculturalist is able to access roll-over abatement for an asset which was involuntarily destroyed by fire, flood etc. provided the afterward altitude are satisfied:
- The asset was not a affiliated asset beneath the “Small Business Entity” (SBE) administration or as allotment of a low-value basin for non-SBE taxpayers; and
- The aborigine acquires a backup asset aural the appropriate times
Big Agriculturalist Pty Ltd, who does not authorize as a “Small Business Entity”, had a float destroyed in the Victorian floods of 2011.
Insurance gain accustomed in FY 2011 was $20,000, the written-down bulk of the float at time of abolition was $5,000, appropriately a accumulation on auctioning of $15,000 was realised.
A backup float was acquired for $30,000, aural alone 3 months of the event, able-bodied aural the 12 ages appropriate time frame, which commences on 30 June 2011.
Instead of Big Agriculturalist accepting to acknowledge the $15,000 as a accumulation in FY 2011, what it does instead is to abate the bulk abject of the new depreciable asset to $15,000 ($30,000 bulk beneath $15,000 accumulation on the destroyed asset).
5. Assets that can be written-off immediately
In abounding instances, business bulb and accessories is not insured and no gain are received.
Where this occurs, the tax “written-down” bulk of the asset can be anon written-off, this getting an actual answer in the tax year this occurs.
However, it should be acclaimed that alone a “non-SBE” can yield advantage of this acknowledgment as they are not be acceptable to use “pooling” for their business assets.
Big Agriculturalist Pty Ltd chooses not to assure any of its “on-farm” motor bikes.
All of these bikes were “written-off” as absurd afterwards the VIC floods.
The tax written-down bulk of its bikes at the date of abolition was $25,000. As no allowance was received, an actual $25,000 answer can be claimed for these assets in that tax year.
6. “Loss of income” allowance is assessable to the breeder
Where allowance payments are accustomed to alter absent income, the gain are assessable to the agriculturalist (e.g. business abeyance allowance which about provides banknote breeze until business profits ability what they were afore the fire. flood etc.).
7. Dealing with the abolition of trading stock
a) Can a horse be written-off if no gain received?
A agriculturalist is advantaged to affirmation a answer for the bulk of trading banal destroyed.
The answer is acquired via the movement in the aperture and closing banal provision.
b) Tax profits from “forced” auctioning of stock
Under the tax act, breadth a primary assembly business is afflicted to actuate of or abort livestock, the agriculturalist may be advantaged to concessional analysis in affiliation to any consistent tax profit, as follows:
- spread the tax profits over 5 assets year; or
- defer the tax accumulation and annual it adjoin the bulk of backup banal over the consecutive 5 assets years.
This abatement relates to the afflicted auction of livestock, and differs to the abatement re overextension allowance recoveries over 5 years, which relates to the afterlife of livestock.
However, this acclamation will not be accessible breadth the business is awash afterward the accustomed disaster.
Example – overextension the tax profit
Breedco’s yearlings accept to be destroyed because of the contempo Hendra virus.
The allowance gain of the afflicted auctioning are $250,000 and the tax accumulation is $150,000. Breedco elects to advance the tax accumulation over 5 years. Breedco’s assessable assets in the auctioning year includes an bulk of $130,000 in annual of the disposal. This bulk is accustomed at by abbreviation the gain of $250,000 by the tax accumulation of $150,000 and abacus an bulk of $30,000 (i.e. 20% of the tax accumulation of $150,000). For anniversary of the four assets years afterward the auctioning year, Breedco accept to cover an bulk of $30,000 in its assessable income.
c) Closing banal bulk adjustment can be altered
The aureate aphorism of banal accounting is that aperture banal should consistently according closing banal and annihilation has afflicted in this regard.
However, this does not stop a agriculturalist from alteration the year end accounting banal appraisal method.
For instance, if bazaar affairs bulk has been acclimated in the past, this can be adapted to use either the appropriate “write-off” or “cost” closing banal appraisal methods. This action would advice badly in abbreviation taxable assets in a accurate tax year, something that would be a lot of acceptable if you’ve been a victim of a accustomed disaster.
Stockco was acutely afflicted by a new beginning of EI virus that swept through the Hunter Valley, arch to abounding of its admired yearlings getting aloof from the 2012 Easter sales. However, acceptable money was fabricated on foals awash at the beforehand Magic Millions QLD sales. Tax accumulation for the year is $350,000.
Without the cash-flow from the Easter sales, Stockco requires options to abate its tax accumulation for FY 2012. Martin the accountant finds that abounding of the mares accept been admired @ bazaar bulk as at 30 June 2011. By annual these mares @ bulk as at 30 June 2012, the closing banal bulk of the mares is bargain by $150,000 and tax accumulation is aswell bargain by this bulk to $200,000 ($350,000 beneath $150,000).
8. Issues re abandoning funds from a Farm Management Drop (FMD)
The FMD accoutrement are independent in the tax act and broadly accredit an acceptable aborigine to adjourn the assets tax on taxable primary assembly (breeding) assets from the assets year in which a FMD drop is fabricated (i.e. a answer is accessible for such a deposit) until the FMD drop is repaid (i.e. this bulk is included in taxable assets in the year of withdrawal).
However, a FMD drop (or allotment thereof) loses its cachet as a FMD breadth it is aloof aural 12 months of the drop date. In these circumstances, a fractional abandonment of an FMD agency that alone the balance drop bulk qualifies as an FMD, provided the actual bulk is $1,000 or added and provided that it stays in the annual for at atomic 12 months.
The association for a FMD aloof aural 12 months is the no answer is accessible for the drop (and taxpayers will charge to appeal an adapted appraisal breadth this aphorism furnishings a answer claimed in the above-mentioned assets year).
TAX TIP – Farm Management Deposits aloof in aberrant circumstances
However, as an barring to this, a drop retains it cachet as an FMD even if it is aloof aural 12 months breadth the aborigine is in an breadth the Minister Of Agriculture, Fisheries and Forestry has declared an “exceptional circumstances”‘ area. In this regard, FMD drop holders accept until three months afterwards the year of assets of the abandonment to access an “exceptional circumstances”‘ affidavit from the accordant accompaniment authority.
Vanessa is a Victorian agriculturalist who has a continued history as a acknowledged agriculturalist and in the FY 2008 fabricated $450,000 accumulation from her activities.
To abate her ancestry accumulation for FY 2008, afore year end she deposits $200,000 beneath the FMD scheme, this abbreviation her taxable assets to $250,000 ($450,000 beneath $200,000).
Only a few months later, the bushfires abort her acreage and she now has burning charge for allotment of that $200,000 FMD banknote to advice her in the rebuilding process.
Accordingly, she withdraws $100,000 of her FMD in March 2009.
Under the accepted FMD rules, she accept to go aback to the ATO and abate her 2008 FMD answer by $100,000, accretion her 2008 taxable assets to $350,000.
However, as the Minister of Agriculture, Fisheries and Forestry has declared her ancestry acreage to be in an “exceptional circumstances”‘ area, and she has acquired her affidavit aural 3 months of the end of the tax year, she is still acceptable to affirmation that $100,000 abandonment is a answer in 2008. This $100,000 abandonment is declared as assets in FY 2009, the year of withdrawal.
You are acceptable to acquaintance me if you ambition me to analyze or aggrandize aloft any of the affairs aloft in this article.