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ATO targets rental property and work-related deductions for tax evasion

Each year, more than 600 million pieces of data are reported to the ATO by third parties including banks, employers, health insurers, state and federal agencies and overseas treaty partners.

Each year, more than 600 million pieces of data are reported to the ATO by third parties including banks, employers, health insurers, state and federal agencies and overseas treaty partners. Photo: Sam Bennett

The Australian Taxation Office expects to contact more than 350,000 taxpayers who have errors in their tax returns and cross-check data from third parties as it moves to clamp down on dodgy claims.

As the end of the financial year approaches, two of the main targets will be illegitimate deductions for rental property – especially for holiday homes primarily used by family and friends – and people double-dipping on work expenses and/or making excessive claims.

Is your holiday home used by family and friends for free? Then it's not a tax deduction.

Is your holiday home used by family and friends for free? Then it's not a tax deduction. Photo: Jessica Shapiro

Each year, about 12 million Australians lodge tax returns. 

Last year, the ATO contacted more than 350,000 taxpayers about errors or omissions in their returns. It expects to do the same this year.

Assistant Commissioner Adam Kendrick told Fairfax Media that "every return is scrutinised as it's lodged".

Deductions on general rental properties will also come under the ATO's focus this tax time.

Deductions on general rental properties will also come under the ATO's focus this tax time. Photo: Louise Kennerley.

More than half of the 350,000 taxpayers had claims checked last year because of basic errors such as misspelt names and addresses, wrong bank details or birth dates and the missing details of spouses.

There was also errors because, in some cases, the return had been lodged by the taxpayer before some of the pre-filled information given to the ATO by third parties was available. 

"We're encouraging taxpayers to ensure that all their pre-filled information is there before they lodge their returns," Mr Kendrick said.

Data cross-checking of individual returns by the ATO resulted in $950 million in liabilities last year.

Data cross-checking of individual returns by the ATO resulted in $950 million in liabilities last year. Photo: Luis Ascui

The rest of the 350,000 claims were knocked back because the individual had deliberately omitted or misreported income, especially investment income.

Each year, more than 600 million pieces of data are reported to the ATO by third parties including banks, employers, health insurers, state and federal agencies and overseas treaty partners. The ATO cross-checks taxpayer returns with such information.

Work expenses, rental deductions under watch

Assistant Commissioner Graham Whyte said this year the ATO would look at work-related expenses across all industries.

The area being monitored was double-dipping: making work-related claims on your tax return when you had claimed them from work.

Excessive work-related claims – for example, claiming all your mobile phone bills and internet connections that are 90 per cent personal use but only 10 per cent work-related – and personal travel claimed as work travel would be monitored.  

Mr Whyte said there were three checklists for taxpayers making such claims.

"You must have spent the money yourself, it must be related to your job [and] you must have a record to prove it," he said.

Income from renting out property would also be scrutinised, as would deductions for repairs and maintenance of such property. Holiday homes reserved for private use by family and friends would be under the spotlight.

"Realistic efforts need to have been made to rent out the property," Mr Whyte said. "We will also be looking at rent that's excessive; that is charged well above the market rate."

Splitting income with a spouse was also a red flag.

Mr Whyte said there had been instances where a husband and wife jointly owned a property but split the income and deductions unequally to gain a tax advantage for the highest income earner.

He said claims for repairs and maintenance shortly after the property was purchased might also be rejected.

These would more likely be treated as a capital works deduction. It can only be claimed as a percentage of the cost, and over several years.

And interest deductions claimed for the private proportion of loans would also be dismissed.

Mr Whyte said the ATO recently found a case of a taxpayer borrowing on top of their existing loan to fund their daughter's wedding but then trying to claim the whole amount of interest.

Mr Kendrick said the ATO had information on its website, including YouTube videos, explaining what people could and could not claim. 

It would also be writing to owners of rental properties in holiday locations to make them aware of their obligations.

Data matching to track cash economy

Third-party providers – such as banks, health insurers and employers – give the ATO data about individual taxpayers, which the agency uses to pre-fill returns.

The ATO also gets data from state and territory title offices, online auction houses, share registries, AUSTRAC and treaty partners.

Mr Kendrick said the ATO would this year publish when such information became available on its website. 

The ATO also uses third-party data to cross-check what people claim on their returns.

Data cross-checking of individual returns by the ATO resulted in $950 million in liabilities last year.

"It's easy to comply, and hard not to," Mr Kendrick said.

The ATO was able to detect tens of thousands in incoming transfers to a taxpayer over two years from an overseas sporting club by using AUSTRAC data, which, ultimately, resulted in a tax bill of more than $25,000.

Mr Kendrick said the agency also used information from state governments to detect when investment properties were sold.

If the individual has rented out that property while he or she owns it, they may be liable for capital gains tax.

It uses a process called "web scraping", which allows it to pull information from the internet. It will scan popular websites such as eBay, Gumtree and cafe and restaurant online reviews to detect people illegally operating in the cash economy.

20 comments so far

  • Wouldn't it be nice if the ATO showed such diligence and invested such resources in chasing the tax from revenue earned in Australia from say companies that shift their profits overseas?

    Commenter
    beachbum
    Date and time
    Tue Jun 16 09:56:34 UTC 2015
    • Yes. Am an Corporate Analyst that sees many financials and tax returns, it's obvious that the ATO is targeting soft targets and must not employ the best or brightest. It's pretty obvious most tax avoidance is by business not individuals $100 deductions here and $100 there. It is the measure of a man in who he goes after, unfortunately Mr Carmody has shown how ineffectual he is.

      Commenter
      David
      Location
      Melbourne re
      Date and time
      Tue Jun 16 20:38:14 UTC 2015
    • The biggest tax evasion seems to escape the ATO and covers up our housing shortage, that is, the many renting a room in their home for high extra steady income undeclared by taking in boarders because a room rent is now very high these days which could in total be a billion dollar evasion, but if it were to stop, then it would expose our rental shortage as severe and maybe drive rents up more. It is also a good additive to paying off a mortgage.

      Commenter
      Brian Woods
      Location
      Glenroy
      Date and time
      Tue Jun 16 21:28:57 UTC 2015
  • Although real estate commission is not allowed to be given to anyone except qualified agents, some organisations receive commission for referring their members to the developers, builders and real estate agents in the form of donations.

    Many tradespeople give discount to clients in the name of NOT charging GST. They buy materials from Bunnings paying cash so that their jobs done are not traceable.

    Restaurants do not take credit card payment from customers, and in return give 10% off for cash. The cash does not get through the normal cash register.

    Some tutors conduct tuition in class / garage with number of students bigger than normal school class size. They charge by each class attended, and no record is kept.

    Have you seen people going to restaurants regularly eating expensive meals, and roaming in the Casino and yet they do not have a high paid job? The reason is that they are paid cash, and likely on some kind of social welfare benefits.

    Several store holders in various markets must be the envy of small business operators in brick-and-mortar shops. Unlikely the store holders who keep formal transaction records, they do not do so but they know how much stock they need to sell to satisfy the hundreds of eager buyers.

    If there are no records kept, and word of mouth is the only marketing mean, how can the ATO use advanced technology to catch them?

    Commenter
    Sin Fong Chan
    Location
    Wheelers Hill
    Date and time
    Tue Jun 16 10:41:31 UTC 2015
    • The ATO should target certain groups such as
      1. small business who accept cash only payments. These businesses always hide their incomes. E.g. small takeaways and restaurants (Charcoal chickens shops, Suburban bakeries etc).
      2. Trades people as a high proportion accept cash jobs. Theoretically these should be way more than 10% cheaper than legitimate invoiced jobs.

      In an ideal world, cash should be removed and all transactions would take place with a money card. This can then be traced legitimately.

      Commenter
      More Investigations
      Location
      Please
      Date and time
      Tue Jun 16 10:49:52 UTC 2015
      • Yep, typical ATO.
        Go after the P.A.Y.E. tax payers while leaving big business and high worth individuals that can arrange their affairs alone.
        Meanwhile their eTax application is full of errors that make the user responsible for a poorly written program

        Commenter
        Craig
        Date and time
        Tue Jun 16 11:08:41 UTC 2015
        • Frankly it seems to me to make much more sense to go after billions first, then millions, then thousands, and then finally sweating the small stuff. Doing this the other way around, like the ATO has been doing for a decade or two, is a gross disservice to those who pay their tax.

          Commenter
          Jan Jeltes
          Location
          Adelaide
          Date and time
          Tue Jun 16 12:07:11 UTC 2015
          • Yeah, crucify hard working people trying to claw back a couple of grand while multinationals rip us off for billions with double dutch irish sandwiches

            Commenter
            cynic
            Date and time
            Tue Jun 16 12:32:06 UTC 2015
            • Yet again, so typical of ATO going after the hard working people who tries to claim back a few hundred dollars to a few thousand dollars in their taxes. And yet ATO turning a blind eye from multi national companies that siphon their profits off shore avoiding taxes. A sad sad day for hard working Australians.

              Commenter
              Gordon
              Date and time
              Tue Jun 16 20:23:11 UTC 2015
              • @Gordon. Don't fall for the union-led media hype around large corporates getting a light touch from the ATO. It is in fact the opposite. What hasn't been mentioned in the press is that the very large corporates are subject to continous monitoring by the ATO. There are annual risk reviews, and pre-lodgment compliance reviews. They are required to tell the ATO about their significant transactions and structures before they even lodge their tax return. All cross-border related party transactions and other international dealings are disclosed in the annual tax return. If a large corporate is not complying with the Australian tax law they will be caught out. If the law needs changing then that is neither the ATO nor the corporate's fault. What annoys me are those people who are desperate to cry foul when it is "reported" that corporates "appear" to be shifting profits etc but at the same time will defend people who actually evade tax by claiming back "a few hundred dollars to a few thousand dollars" more than they are supposed to.

                Commenter
                Dan
                Location
                Sydney
                Date and time
                Tue Jun 16 22:51:05 UTC 2015

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