Analysis of Taxation Law: Tax Returns, Rental Property & ATO Rules

This report explores various aspects of Australian taxation law, particularly concerning tax returns and rental properties. It defines key terms related to tax returns, emphasizing their importance and components in the context of rental property transactions. The report also details conditions under which a tax return may be deemed invalid, referencing the Australian Taxation Office (ATO) guidelines. Furthermore, it examines ATO's regulations on rental property taxes, including advice for property owners before and after purchase, and clarifies deductible versus non-deductible expenses like electricity, maintenance, and mortgage costs. The analysis extends to a client's refusal to sign a tax return due to perceived errors in claiming deductions, explaining the validity of such claims under the "Income Tax Assessment Act 1997." The report concludes by underscoring the necessity for property owners to understand these regulations and the importance of signing the tax return, highlighting that claimed deductions may be justified and crucial for offsetting expenses and potential losses. Desklib provides students with access to this report along with a wealth of study tools, including past papers and solved assignments.

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Introduction
The report explores the terms that are used when defining a tax return (Australian
Taxation Office, 2013). It gives a brief importance of the tax return form as well its
compositions as it is used in the line of sale and purchase of rental properties with Australia.
The different ways or conditions through which the Tax Return form may be invalid are also
presented in the report. These described ways in the report are following the terms and
conditions of the Australian Tax Office (ATO) a body which is responsible for levying and
organizing taxes within Australia (Thorpe, 2012).
Secondly, the paper describes the different terminologies as explained by the
Australian Tax office (ATO) when dealing with rental property taxes. The different condition
and advice granted to the rental property owners about tax before and after purchase of rental
and land properties within Australia are also described. Some of the conditions include;“not
declaring a non-available and unready rental property by the owner as available for rent “.
That’s because it will be subjected to "Capital gains tax (CGT)", and claimed income
deductions may not be possibly applied by the ATO. The other condition stated by the body
is “it’s necessary to keep records safely from the time of purchase so as to possibly make
necessary deductions on the rental property income tax”. The different situations where
necessary deductions on tax by the ATO to the rental property owners are also described
within the paper. Expenses where deductions on income tax for rental are made as well as
those expenses where it’s very impossible to make deductions on income tax are explained
within the paper. Some of these expenses include expenses on electricity and water, expenses
on maintenance, expenses on advertisement, mortgage expenses, and so many other
expenses.

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Analyzing the condition where the firm's client returned the Tax return unsigned
thinking that an error was made is also explored in the paper. The client suggested that an
error was made by firm by preparing a Tax return including claims for tax deductions on
interests and expenses.These claims are paramount because the client never made any profits
for the first four months from the time he was owning the rental property due to the expenses
and interests he was incurring.
Following the different conditions and terms as explained by the Australian tax
Office, the client has to understand the different circumstances according to the “Income Tax
Assessment act 1997” why claim for deductions on tax from rental properties was made by
the firm and possibly is not an error. There are rental property expenses and interests where
there is need for claim for tax deductions and the Australian Tax office renders these claims
valid (Thorpe, 2012). There are also certain claims where a deduction on the income tax from
rental properties due to expenses cannot be granted by the tax body. There is a possibility that
the expenses and interests claimed by the firm are the major reason as to why the client didn’t
make profits within the first four months of ownership of the rentals. Therefore this calls for a
need for claim for tax deductions on our client. Therefore, it’s advisable for the client to sign
up the Tax Return Form as issued by the firm due to the explained terms since there was
nothing wrong in making the claims.
Body
A tax return refers to a form filled and filed by a taxing organization or authority
reporting pertinent tax information, income, and expenses. The Tax Return is very important,
it helps taxpayers to schedule tax payments, calculate tax liabilities, and also requesting
refunds for overpayment on taxes. In Australia, Tax returns are filed every after a given gross
period under the terms of the Australian Tax Organization (ATO). There are number of

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different ways where the Tax return form is made Invalid and one of these reasons is when
the necessary signatures to approve the tax leverage are absent. Therefore, the client after
refusing to make signature on the firm makes the form invalid. The form will only become
valid after the client makes his signature inorder to agree with its content.
The ATO (Australian Tax Office) clarifies Taxes and their deductions as levied on the
residential rental properties(Edmonds, 2010). The different circumstances where tax is levied
by this tax body is during the selling and purchasing of the rental properties. According to
Australian Tax office, some of the conditions that need to be understood before purchase and
sell of rental properties to fully understand how tax is levied are described below. One of the
conditions is, it’s needful to take records and keep them safely right from the time of
purchase so as to be in position to understand the expenses where deductions can be claimed
and also help in preparing tax returns (Australian Taxation Office 2013). In regard to our
subject, the records of purchase of the available rentals was kept by the tax firm on client’s
behalf (Slack & Bird, 2014). The ATO also declares that any gains on capital achieved
through disposing or selling rental properties will be subjected to "Capital gains tax (CGT)"
excluding given circumstances of renting out a home one has been staying in (Local
Government Association of South, 2018). The Australian Tax office also states that “in case
one has an Investment property that's not available for renting or not rented for example a
hobby farm, holiday home, or another place for dwelling it’s advisable to choose not rent it
because: The property would be subjected to "Capital Gain Tax(CGT) in similar ways as
rental property”, deductions on income tax on costs for owning the property since they don't
raise rental income cannot generally be claimed, and one should be able to include costs of
ownership of the property within the "property's cost base" thus reducing "capital gains tax"
liability when selling it (Sanderson, 2017).

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There are number of situations where deductions on liability tax on the rental property
are or not carried out. These situations occur depending on the expenses incurred by the
rental owner. Expenses where you cannot do or claim necessary deductions include; Those
that are not incurred by the rental owner rather by tenants, disposal and acquisition costs of
the property, conveying costs and purchase costs for the property. Other expenses that cannot
lead to claim of deductions also include; travel expenses when inspecting the property before
buying it, using the rental property for carrying out business or an "excluded entity"(Biggs,
2013). Expenses and interests that make it possible for the property owner to claim include;
those on advertisement, bank charges expenses, body corporate charges and fees, council
rates, cleaning, insurance, interests on loans, lease documents expenses (preparation,
registration, and stamp duty), legal expenses excluding borrowing and acquisition costs, and
many other expenses(Local Government Association of South, 2018). Therefore, the owner
of the rentals needed a thorough understanding of law on tax levied on rental properties
(Gittins, 2009).
Referring to the "Income Tax Assessment Act 1997(Cth)(ITAA 97)" and as far as
deductions are considered or concerned, positive limb, character test, and extent concept are
explained by the "language of 8-1 Income Tax Assessment Act 1997(Cth)(ITAA 97)".The
language of 8-1 is referred to as "General Deductions". The positive limb explains the
following phrases and words; incurred, loss, to the extent that, assessable income, necessarily
incurred and carrying out business (2nd limb), sufficient connection, purpose of, producing or
ingaining.The Taxable Income of the client would be calculated from, "Taxable Income =
Assessable Income - deductions".The "general deductions provision s 8-1 ITAA 1997"
illustrates positive Limbs as; One can deduct any outgoing or loss that:
a. is incurred when producing or gaining assessable income.

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b. is incurred when carrying out a business for the purposes of producing or
gaining assessable income.
Considering the above conditions in the positive limb, necessary deductions on
client’s taxable income ought to be made because of interests and expenses he incurred
together with the losses. "The extent concept (apportionment)" can also be used in explaining
the client that the necessary deductions should possibly be conducted on the client’s income.
It explains that outgoing or loss deductions can be conducted but not exceeding this extent:
(a) "It is a loss or outgoing of capital, or of a capital nature;" or
(b) "It is a loss or outgoing of a private or domestic nature;" or
(c) "it is incurred in relation to gaining or producing your *exempt income or your
*non-assessable non-exempt income";
At a point of character testing, the client never gained any profits from his business.
He spent the income on expenses rather than personal lifestyle where he could possibly pay
income tax at personal rates. The client retained profits and reinvested them back in the
business hence acquiring trust. Therefore there is need for tax organization to carryout
necessary deductions on the income tax.
Depending on the above explanations on the taxes levied on the rental property by the
Australian Tax Office, it is necessary for the firm to fully explain to therental owner about the
different terminologies as applied by the ATO. The property owner did not understand the
need for claim for deductions on tax because of expenses and interests thus refusing to sign
up the document because he knew these reductions where unnecessary. Since the rental
owner did not effectively understand the type of expenses that he incurred, these expenses
might be those where deductions by the Australian Tax office on tax could be made (Blazey

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and Gillies, 2008). These might be the expenses as to why the rental owner (client) failed to
generate income in the first five months. Some of these expenses as explained where
deductions could be possibly made include; insurance, council rates, body corporate charges
and fees, cleaning expenses, lawn and gardening mowing, bank charges, advertising the
rentals(Australian Taxation Office, 2018), gas and electricity expenses, video and audio
service charges (charges on visualization), lease document expenses, interests on loans, and
so many other expense (Abelson & Joyeux, 2007). The necessary income tax deductions can
be claimed on the property. Therefore, it advisable to explain to the rental owner to fully
understand this principle so that he can do the signing of the tax return. The different
expenses he incurred during the first four months must be understood by himself and should
support the deductions on income tax (Australian Taxation Office, 2018).
Conclusion
One of the reasons for an invalid Tax Return is pending signatures, the client needs to
understand why the necessary deductions as claimed by the firm should be included. These
are the main reason why he never made any profits in the first four months, therefore tax on
his income should be deducted because of need for compensation for the expenses he
incurred. The Taxation body within Australia (Australian Tax Office) formulated a number of
conditions and terms that governs taxation on the revenue or income from rental properties
within Australia. These conditions explain when and why should a rental property be made
available so as to compensate for expenses incurred or not. These conditions were also meant
to protect property owners from unexpected taxes on their incomes. The organization went
ahead and described the different expenses on rentals where necessary deductions are made
and not made. These expenses are described in the body of the essay above. Therefore,
following the description of the different expenses as well as explanation of income tax

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conditions on rentals, it is discovered that the rental owner or client was misled thus there is a
need for him to sign the Tax return form so as to make it Valid.

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References.
Abelson, P. and Joyeux, R. (2007). ‘Price and Efficiency Effects of Taxes and Subsidies for
Australian Housing’, Economic Papers, 26(2), 147-69.
Australia, Local Government Association of South.(2018). "Council Rates". Retrieved 2018-
01-08. https://www.lga.sa.gov.au/councilrates
Australian Taxation Office. (2013)."When to lodge your tax return".
https://web.archive.org/web/20130628071407/http://www.ato.gov.au/Individuals/
Lodging-your-tax-return/When-to-lodge-your-tax-return/
Australian Taxation Office.2018. Australian Government: Rental Properties,
https://www.ato.gov.au/uploadedFiles/Content/IND/downloads/Rental-properties-
2018.pdf,
Blazey, P. and Gillies, P. (2008). Sustainable Housing in Australia – Fiscal Incentives and
Regulatory Regimes – Current Developments – Policies for the Future, Working
Paper No 29, Macquarie School of Law.
Gittins, R. (2009). ‘Tax Inquiry Reveals Economists at their Most Clueless’, Sydney Morning
Herald, 29 June, Available: http://business.smh.com.au/business/tax-inquiry-
revealseconomists-at-their-most-clueless-20090628-d184.html?page=1
Biggs, A. (2013). "A short history of increases to the Medicare levy". Parliament of
Australia,
http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary
_Library/FlagPost/2013/May/A_short_history_of_increases_to_the_Medicare_levy

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Edmonds, L. (2010). "The 1910s: Laying the Foundations". A brief history of the Australian
Taxation Office (PDF). Australian Taxation Office. pp. 5–22. Retrieved 20 April
2013,http://www.ato.gov.au/content/downloads/cr00260313_chapter1.pdf.
RJ. Sanderson. (2017).Rental properties 2017, Taxation Guide, http://www.rjsanderson.com.au/wp-
content/uploads/2016/08/Rental-Property-Guide-2017.pdf.
Slack, E., & Bird, R. M. (2014). The Political Economy of Property Tax Reform, OECD
Working Papers on Fiscal Federalism 18, OECD Publishing, http://www.oecd-
ilibrary.org/taxation/the-political-economy-of-property-tax-reform_5jz5pzvzv6r7-en?
crawler=true&mimetype=application/pdf
Thorpe, Clarissa (2012). "Tax Pack dumped, online returns encouraged". ABC New,
http://www.abc.net.au/news/2012-07-09/tax-pack-dumped-online-returns-
encouraged/4117784.