&nbsp;

Developer GURNER™ Group has revealed $1.65 billion in residential sales nationally across the 12 months to December 2025, driven largely by the continued momentum of its Docklands wellness-focused precinct, Elysium Fields.

The sales result was generated across seven projects in Victoria and New South Wales, headlined by Elysium Fields, GURNER™’s $2.75 billion mixed-use precinct planned for Harbour Esplanade in Docklands.

The project has recorded more than $500 million in sales across the first three towers, equating to around 580 apartments sold.

The first tower, Helios, has now sold out of its 240 private residences, with GURNER™ preparing to release a premium penthouse collection comprising 15 three-bedroom penthouses in coming weeks.

[smartcode_project:default project_id=144441 project_image_fid=370975]

Elysium Fields is being developed on the long-held 20,000 sqm Docklands site at 208-226 Harbour Esplanade, which had remained undeveloped for more than two decades prior to GURNER™ taking over the project around four years ago.

Construction has now commenced across four towers ranging between 18 and 30 storeys, with Hamilton Marino and Maxcon appointed as builders.

Once complete, the precinct is expected to comprise around 1,100 residences, alongside retail, hospitality and public realm uses integrated throughout the site.

[smartcode_project:default project_id=144441 project_image_fid=370981]

Designed by Fraser &amp; Partners in collaboration with GURNER™ Design House, the project has been positioned around the developer’s broader focus on wellness-led residential living.

“We don’t sell apartments. We create a true luxury lifestyle that simply doesn’t exist elsewhere in the market today,” Founder and Executive Chairman Tim Gurner said.

“To deliver that requires an extraordinary level of detail, coordination and discipline across multiple verticals, from design and hospitality through to wellness and service.”

“We’ve always believed that living extends far beyond the physical residence. It’s about how you feel the moment you arrive, how you live day-to-day, and the ecosystem that supports that.” 
[smartcode_project:default project_id=144441 project_image_fid=370977]

The project’s design places a heavy focus on landscaping, wellness amenities and biophilic design principles.

Plans include around 3,700 sqm of landscaped gardens and open space throughout the precinct, alongside a retail and dining offering spanning approximately 5,000 sqm.

The broader public realm strategy centres around what GURNER™ describes as the “Path of Life”, an urban forest and landscaped pedestrian environment intended to connect the various buildings and wellness spaces across the precinct.

The apartments themselves will incorporate a range of wellness-focused inclusions, including purified air and water systems, circadian lighting, antimicrobial surfaces, and optional in-home wellness upgrades.

[smartcode_project:default project_id=144441 project_image_fid=370980]

Gurner said the company’s experience through its Saint Haven wellness clubs had directly informed the residential offering now being incorporated into Elysium Fields.

“We’re seeing a clear global shift toward longevity, performance and proactive health,” Gurner said.

“Our role is to deliver that in a way that feels seamless, highly private and beautifully resolved within the environments we create.”

A large component of the wellness offering is planned through the resident amenity and health facilities proposed within the precinct.

That includes plans for bathing and recovery facilities spread throughout the towers, incorporating mineral pools, saunas, steam rooms, flotation therapy, red light therapy and wellness lounges.

The developer is also seeking approvals for what it describes as a “reverse ageing medical clinic” within the precinct.

[smartcode_project:default project_id=144441 project_image_fid=370978]

According to project information released by the group, the proposed facility would include cryotherapy, IV infusion therapy, infrared and dry saunas, PEMF beds, MRIs, DEXA scans, brain scans and blood analysis services.

Within the first tower, Helios, residents will also have access to a dedicated amenity offering known as the Sky Private Club.

The upper 15 levels of the building will include private lounges, dining spaces, rooftop amenities and optional private wellness studios integrated within residences.

The Helios tower itself comprises 260 apartments ranging between 60 sqm and 300 sqm, including a collection of penthouses.

That includes a planned two-storey penthouse spanning around 600 sqm with uninterrupted bay views.

The Elysium Fields precinct is being delivered in partnership with Digital Harbour Holdings, a consortium that includes the Liberman family, which controls the development rights across the Docklands site.

[smartcode_project:default project_id=144441 project_image_fid=370979]

The sales result comes as GURNER™ continues expanding its national development pipeline beyond Victoria.

“We have a strong pipeline across Australia and are now focused on scaling into key markets including New South Wales and Queensland, while continuing to build on our Melbourne base,” Gurner said.

“We currently have more than $3 billion in the market, growing to over $5 billion by October, and expect to materially outperform last year in the 2026 calendar year.”

The result also reflects the continued strength of the upper-end apartment market in Melbourne, particularly for owner-occupier-focused product with large-scale amenity and lifestyle offerings.

[smartcode_project_cta:default project_id=144441]

Record result anchored by the Group’s “utopian” Elysium Fields precinct – defying market headwinds in Docklands.

Joel Robinson

Elysium Fields drive Gurner to $1.65 billion in apartment sales over 2025

National Australia Bank (NAB) will fund <a href="https://www.apartments.com.au/new-apartments/palmera-residences-gold-coast-18-garfield-terrace-surfers-paradise-qld-4217">Palmera</a>, a $1 billion, 52-level luxury residential tower being developed by Central Equity in one of the Gold Coast’s most tightly held coastal locations at Northcliffe.

The project, launched recently by <a href="https://www.apartments.com.au/developers/central-equity">Central Equity</a>, one of Victoria’s largest private residential developers, comes at a time when construction funding for large residential developments has become increasingly competitive as lenders tighten exposure to the sector.

Multiplex has been appointed the builder, and construction is now underway.

[smartcode_project:default project_id=108274 project_image_fid=365784]

Since its first project, Central Equity has delivered more than 85 residential developments with a combined end value exceeding $8 billion.

Palmera reflects Central Equity’s growing focus on the Gold Coast luxury apartment market and continues a relationship between Central Equity and NAB that dates back to the late 1980s, when the bank funded one of Melbourne’s earliest inner-city residential towers at a time when high-rise apartment living in the CBD was largely unproven.

“NAB’s funding of Central Equity’s $36 million CBD development in the late 1980’s to the financing of the billion-dollar tower today highlights the long-term relationship between the two organisations in delivering major residential projects” said Central Equity Founder and Chairman Eddie Kutner.

He said NAB’s early support was instrumental in helping establish the company’s development model.

“When we commenced our first residential tower in the late 1980s the concept of funding off-the-plan apartments was still largely untested in Australia,” Kutner said.

“NAB recognised the opportunity early and supported the project when others were uncertain. That relationship has now continued for more than 37 years across many developments.”

[smartcode_project:default project_id=108274 project_image_fid=365771]

Central Equity was established in 1987 when Melbourne’s CBD and Southbank precinct were still dominated by warehouses and commercial buildings. Fewer than 100 residents lived in Southbank at the time, and large-scale residential development in the inner city was not widely considered.

Recognising changing demographics and lifestyle preferences, the company began developing high-rise residential projects designed to bring permanent residents into the city centre.

Central Equity has provided accommodation for approximately 40,000 residents across Melbourne’s CBD and Southbank, while also incorporating supporting infrastructure including essential lifestyle facilities like retail spaces, childcare facilities and neighbourhood activity centres.

Central Equity has spent many years assembling the Palmera development site on the corner of Garfield Terrace and Frederick Street in Northcliffe, creating a supersite of around 3,300 sqm.

The developer said the Palmera apartment tower reflects its long-term view of the Gold Coast as a growing and increasingly diversified economy.

[smartcode_project:default project_id=108274 project_image_fid=365768]

Supported by infrastructure including the light rail network, major road upgrades expanded education, hospital and medical facilities and continued expansion at the Gold Coast Airport with more internation and domestic flights.

Positioned in the tightly held Northcliffe precinct, the 52-level tower will deliver 347 apartments, targeting buyers seeking a high-end coastal lifestyle, from downsizers to interstate investors.

Designed by Marchese Partners with interiors by DBI, Palmera has been conceived as a next-generation residential offering, featuring a collection of oversized apartments, with premium three-bedroom residences offering sweeping northern views stretching from Surfers Paradise through to Burleigh Heads.

[smartcode_project_cta:default project_id=108274]

NAB funds $1 billion Surfers Paradise apartment development, Palmera

Two years after completing one of the newest developments in North Sydney, developer <a href="https://www.apartments.com.au/developers/aqualand-australia">Aqualand</a> is turning its attention to the rapidly evolving St Leonards apartment market.

The developer, which completed AURA by Aqualand on North Sydney's Walker Street, has lodged plans for a 5,918 sqm site at <a href="https://www.apartments.com.au/new-apartments/33-37-herbert-street-st-leonards-nsw-2065">33-37 Herbert Street, St Leonards,</a> seeking approval for a pair of residential towers rising above a shared podium opposite Royal North Shore Hospital.

The proposal forms part of the broader transformation underway across the St Leonards-Crows Nest precinct, where former industrial and commercial sites are increasingly being redeveloped into high-density mixed-use projects tied to major transport infrastructure.

<img alt="Aqualand" data-entity-type="file" data-entity-uuid="2cc428cf-fe70-4cac-9cd5-264ad53af62c" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-05-28%20at%209.51.56%E2%80%AFAM.png?VersionId=otKSnHtbjAvAddOnovyXQMgcAwE6DMe1" />

According to the planning documents, the site sits “within the St Leonards–Crows Nest Strategic Centre, identified by the NSW Government as a key area for accommodating future jobs and housing across Sydney.”

The proposal has been designed by fjcstudio, formerly FJMT Studio, and is being progressed through the State Significant Development pathway due to its scale and affordable housing provision.

The scheme would comprise 413 apartments, including 46 affordable housing units, alongside retail and commercial uses fronting Herbert Street. The project would also include communal open space, landscaping, a swimming pool, gymnasium, children’s play areas and podium-level resident amenities.

Planning documents show the development would consist of a part-13, part-39 storey tower form positioned above a four-storey podium.

“The development comprises a unified podium that activates the street interface, and two setback towers to accommodate new housing supply while maintaining an appropriate human scale at ground level,” fjcstudio noted in its Design Report.

The northern and southern towers have been shaped to respond to the surrounding skyline while also limiting overshadowing impacts to nearby public open space, particularly Talus Reserve.

The design report said the differing tower heights were intended to “contribute to a varied skyline while responding to the surrounding built form context and solar access considerations.”

<img alt="Aqualand" data-entity-type="file" data-entity-uuid="36da62dc-ff9e-41f2-a7e3-7be38373751c" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-05-28%20at%209.51.45%E2%80%AFAM_0.png?VersionId=Mo6Rp2r.XRLTzIfg_PEEpw8NepDH8UBs" />

The site sits directly opposite Royal North Shore Hospital and within walking distance of both St Leonards Station and the new Crows Nest Metro station.

While the site itself sits just outside the formal Crows Nest Transport Oriented Development boundary, the planning documents repeatedly reference its alignment with the broader TOD objectives reshaping the Lower North Shore.

“The site is located adjacent to St Leonards Station and in close proximity to Crows Nest Metro which is within the Crows Nest Transit Orientated Development Accelerated Precinct which has been identified by the NSW Government to support housing delivery,” the Design Verification Statement noted.

According to fjcstudio, the project has been designed to respond to the broader transition occurring across St Leonards, where increasing residential density is being concentrated around transport infrastructure and employment hubs.

“The broader precinct is undergoing significant change, with a mix of existing mid-rise buildings and newer high-density developments,” the report stated.

“Recent and approved projects indicate a consistent shift toward taller built form, typically organised as tower-and-podium typologies with more active ground levels.”

The proposal includes close to 6,000 sqm of retail and commercial space across the ground floor and podium levels, designed to create a more activated street edge along Herbert Street.

Aqualand’s plans would also introduce a landscaped podium shared between the two towers, with communal open space in the form of a podium rooftop designed to support resident interaction and improve urban greening outcomes. The scheme would also introduce pocket parks at the northern and southern ends of the site, including a landscaped area at the corner of Herbert and Ella streets designed to improve pedestrian amenity and soften the streetscape.

&nbsp;

The proposal is being progressed through the NSW Government’s Housing Delivery Authority pathway, which was introduced to accelerate housing supply across the state. The application was declared State Significant Development in April 2025 following an expression of interest process.

<img alt="Aqualand" data-entity-type="file" data-entity-uuid="faf6d97d-2671-454f-b85a-fe1c6a7be608" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-05-28%20at%209.51.49%E2%80%AFAM.png?VersionId=diVd28OBVr5.YV.7prrOz.uAanwwwm7a" />

St Leonards has been particularly active with new developments in recent weeks. Developer SP Setia’s <a href="https://www.apartments.com.au/news/nsw/first-look-sp-setia-targets-st-leonards-skyline-with-40-storey-tod-tower">plans for a new 42-storey tower</a> recently went on exhibition through the same pathway, while <a href="https://www.apartments.com.au/news/nsw/first-look-stockland-plans-52-storey-538-apartment-st-leonards-tower">Stockland’s 52-storey tower proposal</a> was also recently unveiled.

Aside from the St Leonards project, which is expected to take around nine months to move through the approvals process ahead of a potential 2027 launch, Aqualand is also preparing to launch Boronia, a new apartment project in Roseville comprising around 111 apartments on Larkin Street.

The developer also has approvals in place for the next stage of the Barangaroo precinct, which will feature new residential, retail, hospitality and community uses, alongside a new metro entry across the five-hectare site.

More than 50 new retail destinations are planned for Central Barangaroo, alongside a 270-metre-long boulevard connecting Hickson Park to Nawi Cove. Together with Harbour Park, more than 50 per cent of the precinct will comprise public open space and parkland.

First look: Aqualand joins St Leonards apartment party

<section data-scroll-anchor="false" data-testid="conversation-turn-5" data-turn="user" data-turn-id="e65dbe94-e3b6-47f7-b62a-9cbb30c9bf79" data-turn-id-container="e65dbe94-e3b6-47f7-b62a-9cbb30c9bf79" dir="auto">Time &amp; Place’s plans to transform the former David Jones factory building in Surry Hills into a mixed-use residential precinct have gone on exhibition through the NSW Government’s In-fill Affordable Housing pathway.</section>

<section data-scroll-anchor="false" data-testid="conversation-turn-6" data-turn="assistant" data-turn-id="request-WEB:f4d533b7-64a5-413d-86fd-5c99649c2b73-2" data-turn-id-container="request-WEB:f4d533b7-64a5-413d-86fd-5c99649c2b73-2" dir="auto">
The Marlborough House proposal, lodged for the <a href="https://www.apartments.com.au/new-apartments/marlborough-house-47-97-marlborough-street-surry-hills-nsw-2010">47-97 Marlborough Street</a> site, would see the adaptive reuse of the heritage-listed warehouse building alongside the construction of new residential additions and a separate apartment building on the northern portion of the site.

The proposal seeks approval for 172 apartments across three buildings, including 15 per cent affordable housing managed by a community housing provider for at least 15 years from occupation.

<img alt="Marlborough" data-entity-type="file" data-entity-uuid="5d1d3c2a-bf13-47d6-a335-7c01102cdee1" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-05-28%20at%209.29.36%E2%80%AFAM.png?VersionId=cjMYrbR.BLUlWH4dar0RVDDo0bG.u2YT" />

Interior view from the Northern Building Penthouse overlooking the park

&nbsp;

The redevelopment is planned for the prominent 3,413 sqm site bounded by Marlborough Street, Goodlet Street and Lansdowne Street, directly opposite Eddie Ward Park and around 200 metres from the Surry Hills light rail stop.

Time &amp; Place acquired the former David Jones building in 2024, marking the first time the property had changed hands in around 50 years.

Designed by Wardle, the proposal centres around the adaptive reuse of the former David Jones factory, originally constructed between 1913 and 1935 in the Inter-War Chicagoesque architectural style.

Wardle noted in its Architectural Design Report that the building “occupies a significant place in the industrial and cultural history of Surry Hills” and at its peak was “the largest department store manufacturing facility in Australia, employing over 800 people and fuelling the growth of Sydney’s fashion and retail industries.”

The practice said the project positions itself “not as an isolated intervention, but as a contributor to the civic, social, and architectural grain of the precinct.”

The proposal would deliver 75 apartments within the retained southern heritage building, 59 apartments within the central addition, and a further 38 apartments within the new northern building fronting Lansdowne Street.

Planning documents show the scheme would comprise a mix of heritage apartments, new-build apartments, townhouses and penthouses.

<img alt="Marlborough" data-entity-type="file" data-entity-uuid="57758518-40a3-4b83-958c-d06e96a2cffa" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-05-28%20at%209.29.42%E2%80%AFAM.png?VersionId=VerlX9ST5xgBi8.1_YRsqdWTJeT6ygjs" />Interior View of the Heritage Building Apartment

The development would also include a ground-floor retail tenancy on the corner of Marlborough and Lansdowne streets, rooftop communal open space, a landscaped pedestrian link along the western edge of the site, and basement parking accessed from Lansdowne Street via a car stacker system.

&nbsp;

The scheme emerged from a competitive design process run by Urbis, with Wardle ultimately selected as the winning architect ahead of FJC Studio, TZG, Architectus and Wilkinson Eyre.

The Design Integrity Panel later described several aspects of the Wardle scheme as fundamental to the project, including “the stepped character of the new addition to the north of the site”, the landscaped western pedestrian link, and the “garden arrival” experience separating the original Marlborough House from the heritage addition.

Wardle’s design heavily references the site’s industrial and heritage history, while also responding to the surrounding Surry Hills streetscape.

The Architectural Design Report describes Surry Hills as “a finely grained neighbourhood with beautiful and expressive brickworks throughout the suburb,” with the proposal introducing a material palette intended to sit comfortably alongside the existing warehouse fabric and neighbouring terraces.

The report also outlines the project’s relationship with Eddie Ward Park and the broader landscape context of the area.

“Marlborough House occupies a site of deep cultural memory and the neighbouring Eddie Ward Park is of local ecological significance, where natural systems, topography, and stories have long shaped human experience,” Wardle noted in the report.

The architects said the proposal sought to “rebind built form to Country” through landscape, materiality and the adaptive reuse of the heritage structure.

<img alt="Marlborough House" data-entity-type="file" data-entity-uuid="9ae3f2f9-c85f-477a-a6f8-b43f6cb97c41" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-05-28%20at%209.29.53%E2%80%AFAM.png?VersionId=B.qUCLqRvJOR.n9CvYcTpaknIX9LuqKZ" />

The project is also being progressed under the NSW Government’s in-fill affordable housing provisions, allowing developments that include affordable housing to access additional height and floor space incentives.

Under the plans, 2,593 sqm of the project’s floor space would be dedicated to affordable housing, slightly exceeding the required 15 per cent threshold.

In its Design Excellence Strategy, Urbis said the project aimed to “sensitively adapt and enhance the heritage-listed building on site through alterations and additions that preserve its historical significance” while delivering “high-quality market and infill affordable housing development in Surry Hills.”

Time &amp; Place has been one of the most active developers nationally in the last 12 to 24 months. Late last year they completed&nbsp;The Queensbridge in&nbsp;<a href="https://www.apartments.com.au/developments/southbank-vic-3006">Southbank</a>, a mixed-use tower with 353 apartments and a hotel. They are currently selling Park Modern, 246 apartments near the famous Botanic Gardens in&nbsp;<a href="https://www.apartments.com.au/developments/south-melbourne-vic-3205">South Melbourne</a>, and have future projects, <a href="https://www.apartments.com.au/new-apartments/the-wilmot-173-burke-road-28-hope-street-glen-iris-vic-3146">The Wilmot</a>&nbsp;in&nbsp;<a href="https://www.apartments.com.au/new-apartments/glen-iris-vic-3146">Glen Iris</a>, the redevelopment of the Northcote Plaza, and another tower in South Melbourne.

The developer broke into Sydney just a few years ago with Two Tides in Manly. They have another project nearby, which is at the ultra-luxury end of the market on&nbsp;<a href="https://www.apartments.com.au/buildings/shoreline-manly-beach-89-90-north-steyne-manly">North Steyne</a>, fronting the beach.

It is also continuing to work through the <a href="https://www.apartments.com.au/news/nsw/first-look-time-place-settles-on-design-for-the-chimes-potts-point-redevelopment">redevelopment of The Chimes building</a> on Macleay Street in&nbsp;<a href="https://www.apartments.com.au/developments/potts-point-nsw-2011">Potts Point</a>, as well as a project on <a href="https://www.apartments.com.au/news/nsw/time-place-to-take-on-mosman-apartment-market">Mosman's Redan Street</a>.
</section>

First look: Time & Place unveils Marlborough House redevelopment designs for former David Jones warehouse in Surry Hills

The residential transformation of St Kilda Road is set to continue into with more new apartment plans for the sought-after boulevard.

Wing Tai Asia has lodged plans for a major residential tower at 464-466 St Kilda Road, replacing the former VACC House with an 18-storey mixed-use development designed around a retained heritage podium and a sculpted contemporary tower.

The proposal, prepared under Victoria’s Significant Residential Development with Affordable Housing pathway, would deliver 325 apartments and ground-floor retail across the prominent 4,653 sqm boulevard site in Melbourne’s St Kilda Road North Precinct.

The project centres on the adaptive reuse of the site’s heritage-listed VACC Building, an eight-storey office designed by Bernard Evans that has occupied the address for decades. Planning documents state the development would involve “carefully dismantling and conserving off-site the original metal fabric of the podium visible from St Kilda Road,” before reinstating it as the defining frontage of the new scheme.

Above the restored podium, Wing Tai is proposing a curvilinear residential tower. The scheme includes 172 one-bedroom apartments, 63 two-bedroom apartments, 66 three-bedroom apartments, and 24 four-bedroom apartments, alongside two ground-floor food and beverage tenancies fronting St Kilda Road.

The tower has been designed with substantial articulation and variable setbacks to minimise perceived bulk and maintain view corridors along the boulevard. Urbis, which prepared the planning report, said the design “has been significantly articulated through a curvilinear design” with “an interplay with materials, façade expression and depth” to create visual separation and visual interest.

The proposal also includes 254 basement car spaces, landscaped pedestrian links connecting St Kilda Road and Queens Lane, and a biophilic landscape strategy featuring canopy trees, raised planters, cascading greenery and a glass oculus pool overlooking the eastern frontage.

Planning documents confirm the $270.1 million development will contribute 3 per cent of project costs to the Social Housing Growth Fund as part of the application process.

Wing Tai acquired the St Kilda Road property in 2018 alongside Abacus Property Group for $95.38 million, before later consolidating ownership of the site. The property previously served as the Victorian Automobile Chamber of Commerce headquarters for around 60 years.

The transformation of the St Kilda Rd boulevard is already beginning to materialise, with a number of high-profile projects recently completed, launched, or approaching launch as developers continue to back the long-term appeal of the precinct.

Among the most notable recent completions is Louise by Samuel Property Group, just off the strip on Queens Lane, the same pocket Hirsch &amp; Faigen recently launched The Queensbury. Mirvac is too on the same street with The Albertine, which is approaching completion.

Dexus recently secured approval for its slice of St Kilda Road, while Gurner also has approved plans for the precinct.

Wing Tai unveils 325-apartment St Kilda Road tower on former VACC House site

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It may be nearing the end of financial year, but there are still steps you can take to maximise your tax refund, explains Mortgage Choice’s Jessica Darnbrough.
Figure out what you can claim
It’s crucial to know what it is you are and are not able to claim on your tax refund, explained Darnbrough.
“Many people have no idea that they can claim a tax deduction on petrol or home office expenses,” she said.
“You don't have to run a business from home to claim things like stationary. Rather, you just need to have a dedicated place to work at home.”
Property investors often don’t realise there are a range of expenses they can claim for. These include:
<ul>
<li>Agents' fees 
</li>
<li>Advertising 
</li>
<li>Body corporate fees 
</li>
<li>Capital expenses 
</li>
<li>Building maintenance and repairs 
</li>
<li>Cleaning 
</li>
<li>Insurances 
</li>
<li>Home loan fees 
</li>
<li>Interest payment 
</li>
<li>Council and water rates 
</li>
<li>Travel to/from a property for inspections</li>
</ul>
“One aspect that property investors often overlook when lodging their tax return is depreciation deductions. Depreciation applies to new and existing residential properties and in most cases owners of an investment property or properties are likely to be able to claim something,” Darnbrough suggests.
Consider an advisor
As everyone’s situation differs, it may be worth getting yourself a financial advisor to help determine the deductions.
Review your situation
“Part of good tax management involves making plans for the year ahead rather than facing a last minute rush,” said Darnbrough.
Mortgage Choice’s tips:
Formalising salary sacrifice super arrangements: Making salary sacrificed super contributions offers a simple way to save on tax and build wealth. It involves having part of your before-tax salary paid into your super rather than taking the money as cash in hand. 
These contributions are taxed at 15%, which is likely to be below your marginal tax rate (which could be as high as 46.5%), so more of your money goes towards growing your super rather than paying the tax man. Up to $25,000 annually can be added to super through pre-tax contributions ($35,000 if aged 60-plus). This limit includes your employer's compulsory contributions.
Examine your asset structure: It is important to review how your assets are structured on a regular basis (at least once a year) to make sure you are achieving a balance of flexibility of use and protection from creditors and excess taxes. If done effectively, asset structuring can provide tax advantages, family tax protection and the longevity of assets.
Use your tax return to your advantage: Every little bit of savings can put potential buyers closer to property ownership. Those looking to purchase property could consider contributing their tax refund into a high interest paying savings account or they could utilise the tax refund to reduce any existing debt. Having too much debt can make a difference when it comes time to apply for a home loan.
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Act now to maximise your tax refund: Mortgage Choice

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The ATO’s increased IT capabilities has one accountant warning investors that capital gains tax is one area you do not want to be messing up.
The ATO is able, under legislation, to access data that others cannot reach due to privacy legislation. This is then matched against your information and claims made on your tax returns.
Capital gains tax is particularly on the radar, warned Property Tax Specialists’ Shukri Barbara.
His tax tip is to ensure that you declare all transactions.
“Diffculties tend to arise in distinguishing when a sol property was exempt due to it being a Main Residence and protected under thesix year rule if it was subsequently rented. They are not to be messed with in 2014/15,” Barbara noted.
Timing your capital gains and losses on investment properties is also crucial.
He urges investors to remember that the important date is the contract date, and not the settlement date. If you’re carrying capital losses, then note the date against any capital gain you may also be realising.
His tip is that if you’re singing the contract before June 30, then any gains can be offset against tax incurred over the year or carried forward from a previous year “before the balance can be assessed as taxable.”
“If there is an excess of taxable amount – 50% discount may be applicable if the property was held for longer than 12 months,” he explains.
If you sign a day later, on or after July 1, then the tax is reported in the 2014 tax return.
“What you do not want to do is generate a CG this year, pay tax and then sell a loss property next year when there are no CG to offset against,” says Barbara.
“Capital losses incurred in any year are available to be carried forward to future years if there are insufficient gains to absorb it in the same year. It can be carried forward for an indefinite period.”
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Do not mess up with capital gains calculations this year, warns accountant

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There can be significant tax benefits when investors buy an investment property off the plan.
These benefits are greater for new property with more tax depreciation items available.
It is important to have a schedule of inclusions, such as fittings and fixtures on the sale contract, and then commission a depreciation schedule from a reputable provider.
Off the plan buyers can qualify for a 50% CGT discount but the ATO requires that a period of 12 months elapses before the buyer is eligible.
This period begins when the contract has been signed, so provided your settlement period is 12 months or longer (as it will be in most cases) investors could in theory sell along the way, or the day after settlement and still qualify for the generous tax concession.
But be warned the CGT discount only applies if there are changes in the taxpayers circumstances.
Any property bought with the intention of selling it at a profit as soon as it is completed, does not qualify as an investment but as part of a profit-making scheme, so normal income tax would apply.
Ken Raiss, partner at Chan &amp; Naylor Accountants, has pointed out in the past that buying with the intention to sell the sale would still be taxed at marginal tax rates even if you keep it for much longer than 12 months.
If you originally intended to keep the property but decide to sell due to unforeseen circumstances (say, after six months), it is still considered a capital gain but is not subject to the 50% CGT discount.
This means you will still be taxed at your marginal tax rate. This could be advantageous if you have capital losses.
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jchancellor-FAypfDUnLy

Tax planning for off the plan apartment purchasing

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GUEST OBSERVATION
In general terms, the tax law contains provisions that allow taxpayers to, in effect, get out of paying their tax bill if they can prove that paying their tax would result in “serious hardship”.
Obtaining a release from tax liabilities involves a two-step process:
<ol>
<li>A determination that the applicant would suffer a serious hardship if he or she was required to satisfy the tax liability; and</li>
<li>Whether in the circumstances, discretion should be exercised to grant the release sought. A taxpayer can request that the Tax Commissioner release him or her from their tax liabilities.</li>
</ol>
The process sounds relatively straightforward, but there is no definition of "serious hardship" in the tax law. Each case must be considered on its facts.
However, the Tax Commissioner has issued guidelines in what is known as the ATO Receivables Policy to provide ATO staff with guidance in dealing with applications for release from tax liabilities. In part, that policy states:
"The term ‘serious hardship’ is not defined at law and must be given its ordinary meaning. The Commissioner determines whether serious hardship exists by applying several tests which are designed to ascertain whether payment of the tax would produce unduly burdensome consequences for the person such that they would be deprived of necessities according to normal community standards.
"Thus, serious hardship would be seen to exist where payment of a tax liability would result in the person being left without the means to achieve reasonable acquisitions of food, clothing, medical supplies, accommodation, education for children and other basic requirements. On the other hand, elements of hardship may be regarded as marginal or minor – rather than serious – if the consequences of payment of tax are seen, for example, as limitation of social activities or entertainment, or loss of access to goods or services of a more luxurious nature or standard."
Okay, so getting a release from your tax debts is possible, but how often does it happen?
The burden of proof
The onus is generally on the taxpayer to prove that serious hardship will result if they have to pay their tax bill. That's often easier said than done, and taxpayers should not underestimate exactly what they have to prove.
Two recent decisions before the Administrative Appeals Tribunal (AAT) saw taxpayers lose their claims for relief from paying their tax liabilities. They illustrate just what it takes to prove serious hardship.
In the first case, the taxpayer’s tax debt was just over $80,000. He argued that his income tax debts arose as a result of his unauthorised early access of his superannuation benefits in order to support his gambling addiction. The AAT said that during the income year ended 30 June 2011, he illegally accessed his superannuation benefits by withdrawing just over $180,000 from his super fund. The taxpayer sought release from his tax liability either in whole or in part on the basis that he would suffer serious hardship if he was required to pay the outstanding balance.
He said his total asset value was about $580,000 with total liabilities of $666,200 which did not include his tax liability.
Although acknowledging the taxpayer's intentions to control his gambling addiction, the tribunal was not satisfied the taxpayer's situation, if required to pay the tax debts, would be of serious hardship. Even if it were a case of serious hardship, the tribunal said it would not exercise the discretion to grant relief.
The tribunal noted the taxpayer was earning a high income in the mining industry and that his household expenses included discretionary spending that could be reduced, for instance, entertainment of $250 per fortnight, other expenses of $264 per fortnight and vehicle expenses including repairs and loan repayments of $926 per fortnight. It said the sale of the taxpayer's car or investment property would also significantly reduce his tax liability. Furthermore, it noted the taxpayer had preferred the repayment of other debts to his tax debt. Accordingly, the taxpayer's application was dismissed.
In the second case, a taxpayer was also unsuccessful before the AAT in seeking to be released from his tax liabilities.
As of 4 May, 2014, the taxpayer's outstanding tax debts amounted to around $58,000. However, the tribunal was not satisfied the taxpayer's situation, if required to pay the tax debts, would be of serious hardship.
The tribunal said no explanation was offered for the failure by the taxpayer to meet his tax liabilities as they arose. When comparing household income to expenses, although noting the outlays were not extravagant, the tribunal was of the view there was a level of discretionary spending (eg entertainment) which, if necessary, could be reduced.
The tribunal said instead of paying what it considered to be manageable tax assessments, the taxpayer “largely ignored his tax liabilities over the last five or six years”, and had allowed the amounts due to accumulate with interest. It added that the taxpayer “simply failed to give proper priority to paying his tax” and that since entering the PAYG instalment system in 2008, he had paid only four of 22 tax assessments. The tribunal said the taxpayer had made no sustained effort to clear arrears and achieve compliance.
The tribunal considered that the taxpayer had overstated his expenses. It said the taxpayer's situation had been brought about by his own failure to meet his tax obligations. It was not, in the tribunal's view, a situation that had been forced upon him. He had simply failed to give proper priority to paying his tax.
While the law does allow people the opportunity to be released from their tax liabilities, the above cases prove how difficult that can be.
“Serious hardship” is determined on the facts of each case, and court and tribunal cases have built up a series of authorities on how it is to be determined. When taken with the ATO’s policy in this area, taxpayers need to understand fully just what it will take to be released from their tax liabilities.
Terry Hayes is the editor-in-chief of tax news reporting at <a href="https://www.thomsonreuters.com.au/" target="_blank">Thomson Reuters</a>, a leading Australian provider of tax, accounting and legal information solutions.
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thayes-XhNcNKLNWa

Getting a release from your tax debts – possible, but not so simple

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GUEST OBSERVATION
Tax audits are practically a rite of passage for Australian business owners, with as many as 1,000 businesses audited every financial year.
Apart from the disruption to ‘business as usual’ that an audit can cause, there are significant stress levels to factor in, too.
So, how can we ensure that our relationship with the taxman remains a positive one?   
The audit lottery
The audit process can sometimes feel a bit like the lottery – not the exciting kind where you can win a lot of money, but in the sense that anything can happen at random.
The most important way to appease the taxman is by maintaining tidy and compliant books and records.
Of course, this requires a commitment by the business owner from day one. Setting an organised and thorough foundation early on empowers business owners to better manage performance. There are so many tools these days to help us create efficiencies that enable business growth – the right software can truly become a business owner’s best friend and can easily be programmed to comply with the ATO’s GST and tax requirements, as well as any bookkeeping requirements specific to an individual business’ needs. The chart of accounts and tax codes in the software are also set up to ensure accurate reporting.
The technology behind today’s accounting software has also advanced to offer features like bank feeds which update instantly and constantly stay up to date, so you are ready to submit your year-end results well before the due date.
A little bit of due diligence at set up ensures you have nothing to fear if you ever hear the ATO knocking on the door!
Lodge on time, every time
Another way to stay friendly with the taxman is by lodging all of your Business Activity Statements, Instalment Activity Statements and tax returns on time, every time.  
Late returns and unpaid balances are essentially a major red flag and call unwanted attention from our friends at the ATO, potentially triggering a request to audit. Of course, the accounting software you’re using should have the tools to easily prepare your BAS and IAS and track the amount owed to the ATO.
Businesses that update their records regularly are able to monitor business performance and identify issues before things spiral out of control. Successful businesses are those that monitor their cash flow on a regular basis, manage their debtors, creditors, stock control, set budgets and plan for future growth. By doing this, business will avoid the cash shortages that make it challenging to pay the ATO their debts – and duck under the ATO’s spotlight in the first place.
Industry benchmarks
Another way to avoid the taxman’s eagle eye is to make sure that your business falls within the benchmarks for your industry.
Each year the ATO releases small business benchmarks to compare like-type business performance against their ratios. The ATO publishes benchmark information on its website, and it derives benchmarking information from business activity statements and tax returns lodged by businesses.
This isn’t to suggest that you lower the bar set for performance and successes, but it is worth noting that if your income or expenses fall significantly outside of the parameters of these benchmarks, it’s a pretty likely bet that the ATO will take a special interest in your business activity. Be prepared to give them a status check if you’re in this situation!
What can cause you to fall outside the benchmarks?
Claiming personal expenses as part of your business, inflating deductions or underreporting incomes will distort your results compared to other businesses in your industry. Here are some examples of common mistakes that can distort business results:
<ul>
<li>Topping up the fuel of family member’s cars and claiming it as business car usage.</li>
<li>Claiming mobile phones that are private.</li>
<li>Claiming personal trips as business related.</li>
<li>Expensing capital items purchased.</li>
<li>Over-claiming on GST – by claiming on items that are exempt of GST like donations, bank fees, drawings etc.</li>
<li>Not reporting cash income</li>
</ul>
While nobody rolls out the welcome mat for an ATO audit, it goes without saying that business owners that keep their books tidy, up to date and compliant can breathe a sigh of relief if the taxman ever knocks on their door.
Pam Madytianos is director of <a href="https://www.twopeas.com.au/" target="_blank">2 Peas</a> and a certified MYOB consultant. 
This article first appeared on <a href="https://www.smartcompany.com.au/" target="_blank">SmartCompany</a>.
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How to stay friends with the taxman

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As 1 July fast approaches, we take a look at how you can make the most of your self-managed super fund before the end of the financial year and how you can avoid being hit with a <a href="https://www.smartcompany.com.au/finance/superannuation/42288-self-managed-super-funds-top-tips-from-the-ato">penalty from the tax man</a>.
1. Be aware contribution caps are changing
On 1 July, the Australian Tax Office is changing the amount you’re allowed to contribute to your SMSF and the age you’re allowed to do it, for both concessional and non-concessional contributions.
Kathy Evans, principal of superannuation and SMSF at Crowe Horwath, said concessional contributions, or deductable contributions, are employer contributions that include those made under a salary sacrifice arrangement. For people who are self-employed, it includes personal contributions claimed as a tax deduction.
“At the moment with concessional contributions, anyone aged under 60 can currently put in up to $25,000 per annum, while those over 60 can put in $35,000,” says Evans.
She says the ATO is bringing the contribution age down to 50 for the next financial year (2014-15).
Evans says if you’re in that category, from 1 July your contributions cap will go up to $35,000. For those under 50, the cap goes up from $25,000 to $30,000.
Non-concessional contributions are personal contributions that you don't claim as an income tax deduction, and Evans says they will also go up from 1 July.
“Non-concessional and non-deductive contributions at the moment are capped at $150,000 per annum for everyone who’s eligible to make them,” says Evans. “That $150,000 is going up to $180,000 from 1 July.”
2. The superannuation guarantee rate is also going up 
Currently, employers must pay a minimum of 9.25% super guarantee to SMSFs. From 1 July, the rate will increase to 9.50%.
Brad Twentyman, director of superannuation at Pitcher Partners, said that rise has the potential to affect salary sacrifice contribution arrangements.
“You need to factor in that your employer will be obliged to contribute 9.5% instead of 9.25% and with an increased obligation on your employer to contribute, your voluntary component may reduce,” says Twentyman.
Graeme Colley, director of technical and professional standards at the SMSF Professionals’ Association of Australia, said: “If you want to maximise your contributions before 30 June, you need to talk to your accountant or professional adviser to make sure your salary sacrifice agreement with your employer allows the maximum to be salary sacrificed.”
Twentyman says it is also important for employers to note the change in superannuation guarantee, to protect themselves from any possible claims of compensations that may arise from over contributing.
“As an employer, if you’re aware that your employee might contribute above the contribution limits, it would be prudent to point out to the employee that they might want to seek some advice. If they think there’s a problem, employers should get on the front foot,” says Twentyman.
3. Watch out for the new penalty regime from 1 July
There has been a lot of talk about the new powers the ATO will have to penalise those who fall foul of its rules. The new penalty regime will be introduced from 1 July and will apply to breaches that remain outstanding as of 30 June.
“If you’re a trustee of a SMSF, you’ve always had obligations to run your fund the way it should be run or you run the risk of upsetting the ATO,” says Evans. “And they’ve also always had the ability to penalise you. But they haven’t had a regime that’s strong enough to stop some people doing the wrong thing.”
Of the 18,000 SMSF contraventions lodged with the ATO in the last financial year, approximately 50% could have incurred penalties based on the proposed new super laws.
“If you are aware there’s a breach within your SMSF and you’re in the position to fix that breach by 30 June, it’s a good idea to do so,” says Twentyman. “Because if you tick over into 1 July, you will be penalised and you’ll need to go to the ATO with cap in hand.”
These breaches include:
<ul>
<li>bank accounts going into overdraft;</li>
<li>failure to get accounts and returns prepared;</li>
<li>providing loans to family members from your SMSF;</li>
<li>investments being made into in-house assets which are not solely for the SMSF;</li>
<li>SMSF assets not being separated from personal assets;</li>
<li>taking money from the fund for living; and</li>
<li>incorrect borrowing structures being established for the purchase of assets by a SMSF.</li>
</ul>
“These penalties are mainly for the more serious breaches of investment restrictions, but they do also apply to the administrative functions a trustee is expected to complete,” says Evans.
The penalties for many of these breaches have gone up to $10,200 per trustee per transaction, so a SMSF with two trustees would be looking at a potential fine of $20,400. 
The penalty for lodging your SMSF accounts by 30 June has also increased.
“If you haven’t done your 2013-14 accounts by 30 June, there’s a possibility that the ATO will be imposing a penalty on trustees that could be up to $1700,” says Twentyman.
“At the moment the non-lodgement fee is a few hundred dollars, and in fact the ATO will probably be looking to impose that and then they’ll come along and impose this new penalty,” he says.
4. Don’t risk being declared a non-person
Non-lodging SMSFs will be declared a non-person for tax purposes if they’ve been slack with their lodgements.
“If you have a SMSF and you haven’t lodged a tax return for two or more years, they will classify your fund as a non-person,” says Evans.
“That means your fund won’t be able to receive contributions, rollovers or transfers,” she says. “In other words, if you’re in that situation and you’re well behind on your reporting, your fund will effectively stop being able to operate.”
The figure for concessional contributions for people over 60 has been corrected since publication from $30,000 to $35,000.
Story continues on page 2. Please click below.
<hr class="system-pagebreak">
5. Remember the ‘bring forward’ rule
With non-concessional contributions, if you are under 65, you can currently put $150,000 in a year to your SMSF, but the ATO also allows you to put in three years at once.
“So you can put in $450,000 in one fell swoop,” says Evans. “Then you just can’t do anything for the next two years.”
From 1 July, the bring forward rule becomes $540,000, or three times the new non-concessional contribution cap of $180,000.
Twentyman says Pitcher Partners are not big advocates of this strategy because in most incidences all it does is give a timing advantage.
“But if your marginal tax rate is going to be significantly less next year than this year, you may look at bringing forward a deduction, but from our experience not that many individuals fall within category,” he says.
6. Don’t exceed your minimum or maximum pension withdrawals
“If you’re on a pension in your super fund, make sure you withdraw your minimum pension that you’re required to take out each year,” says Evans. “In some cases, there’s also a maximum limit you can’t go over.”
Minimum and maximum pensions from SMSFs have to be paid by 30 June if you want to avoid paying tax on them.
“If you don’t pay by 30 June, the risk is the government will take away the tax exemption on the fund and that can be significant, there can be thousands of dollars at risk,” says Twentyman.
Colley says if you are eligible to draw amounts from superannuation, you may be able to defer receiving the amount until after you reach the age of 60, or until a later financial year when you may end up paying a lower rate of tax.
7. Get your trust entitlements paid by 30 June
“A lot of self-managed super funds have investments in trusts and those trusts owe the super funds money,” says Twentyman.
“Generally, it is a good idea for the trust to pay whatever it owes by 30 June because the tax office sometimes likes to view those as loans and that can cause compliance issues,” he says.
8. Employers beware of SuperStream by 2015
The ATO is putting in place a new system that aims to standardise the way employers pay super.
The new SuperStream standard will require all SMSFs to be paid electronically and is <a href="https://www.smartcompany.com.au/finance/superannuation/42145-smes-to-be-hit-by-super-delay" target="_blank">coming in gradually over the next few years</a>.
Evans says many employers still lodge their employee’s super by sending checks or banking it at the local bank.
Large and medium-sized employers, or those with 20 or more employees, must complete the implementation of SuperStream by no later than 30 June, 2015.
“If you’re a larger employer, you should have looked out for the SuperStream changes and made arrangements by May 31,” says Colley. Large employers were supposed to get new electronic service numbers to pay their employees electronically by the end of May.
Small employers, or those with 19 or fewer employees, have another year starting from 1 July, 2015 but must complete their implementation no later than 30 June, 2016. 
Small businesses may be eligible to use the Small Business Superannuation Clearing House, which is a free online service provided by the ATO that allows you to pay contributions to a single destination in one simple electronic transaction. 
This article first appeared on <a href="https://www.smartcompany.com.au/" target="_blank">SmartCompany</a>.
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Eight things you need to know to get your SMSF ready for the end of financial year

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The Australian Taxation Office will be carefully monitoring this financial year, as with previous years, rental property expenses in tax returns.
It was often first-time landlords who got their claims for rental property deductions wrong, Tax Office assistant commissioner Karen Anstis told Fairfax Media.
A common query may arise for claiming rental deductions for a property that was not genuinely available for rent.
Another mistake was overstating the deductions on the interest on the mortgage.
Karen Antis said the Tax Office had increasingly sophisticated technology for identifying excessive claims.
The lodgement deadline for returns is 31 October, 2014 for those filing their returns themselves.
Those lodging through a registered tax agent are usually eligible for a later deadline of up to May 2015.
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ATO cautions first time investors

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It’s coming up to tax time, which is great news for those few that enjoy filling out extra paperwork and visiting their accountant.
Last year, thousands of <a href="/news/aussies-scammed-out-of-89-million-in-2013-accc-report">Australians were scammed out of a combined $89 million in 2013</a>, according to an Australian Competition and Consumer Commission report that was released yesterday.
It’s unfortunately also a time of year when you’re more comfortable providing your details to sort out your tax return and get your affairs in order. Here are five tips from the Australian Taxation Office on being aware of, and recognising, signs of fraud and unscrupulous activity.
Simple tips to recognise fake SMS and emails that pretend to be from the ATO
These aren’t all ‘Nigerian Prince’ style emails that you can tell at a single glance should be deleted without opening and some can actually look convincing, the ATO warns.
If the emails are one or many of the below, then you may be dealing with a case of fraud:
<ul>
<li>Unsolicited 
</li>
<li>Not from a valid ATO address (but may look as though it is from an official email) 
</li>
<li>Do not address you by your name, or uses your email address instead of your name 
</li>
<li>Asks for your personal or financial details (in particular, date of birth, address or PIN number) – This is a big warning sign. The ATO notes they will never ask for these details via SMS or email 
</li>
<li>Poorly worded, containing gramma errors (pun intended) – this helps to avoid filters 
</li>
<li>Promises money – Do we need to explain why this one is unlikely? 
</li>
<li>Contains an attachment 
</li>
<li>Contains fake links (the ATO suggests moving your cursor over the link, not clicking, and seeing where you’ll be redirected to. If it’s not to the ATO’s official site, then don’t click it.)</li>
</ul>
If the SMS or email you have received fits the above categories - head to the official ATO website and give them a call.
Report SMS and emails offering tax refunds in exchange for your personal details
Tax refunds are calculated after you’ve reported your information – not before.
“Any SMS or email that requests additional information before a refund can be released is a hoax,” they warn.
If an SMS or email says that you owe money, or that your account is in arrears and you will be taken to court – it’s time to ignore it.
This information will not be sent in an email or as a text. The phone, mail, an external collection agency or a personal visit are the methods more likely to be used.
Use online services via the official ato.gov.au
Don’t use other websites or methods, other than phoning the official number, to do business with the ATO. If they text you, it’s probably not them.
You’ll be prompted to sign in with a TFN and password and often AUSkey. If you aren’t asked to login, beware – it’s not the ATO. Double check the address bar.
Keep your TFN and passwords secure
Don’t share your password, and do not respond to emails with your TFN or password.
When are SMS and emails used by the ATO? For promotional or information services. Reminders, notifications, requests for you to contact the ATO and confirmation may be sent in these formats.
YOU MAY ALSO WANT TO READ
ATO warns of tax time scammers:<a href="/expert-insights/finance/ato-warns-of-tax-time-scammers-here-s-how-to-spot-them"> Here's how to spot them</a>
ATO branded scam alert: <a href="/news/ato-branded-scam-alert-fake-landlord-tax-exemption">Fake landlord tax exemption</a>
Beware of tax scams: <a href="/expert-insights/finance/beware-of-tax-scams-how-to-make-sure-you-don-t-get-fleeced">How to make sure you don't get fleeced</a>
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Four ATO tips to protect yourself from end of financial year scams

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The Australian Taxation Office has raised concerns that self-managed superannuation funds have been incorrectly reporting the details of limited recourse borrowing arrangements used to buy property.
The warning comes as the ATO prepares to take up new and more flexible powers to deal with SMSF trustees who fail to follow the rules.
From 1 July, the ATO will be able to impose a wider range of penalties on funds that breach superannuation law. Under the new penalty regime, trustees may be personally liable for penalties of up to $10,200 per breach. They may be forced to rectify the problem and complete an SMSF education course.
SMSF trustees are required to lodge accurate annual returns each year to the ATO detailing their fund’s assets, liabilities and income. Penalties can be applied to those that fail to lodge their annual returns on time, or incorrectly report the details of their fund.
The ATO said it had noticed some trustees had misreported details of limited recourse borrowing arrangements, which are used to borrow to buy property through an SMSF, in their funds’ annual returns for 2013.
To help trustees understand the requirements, the ATO has released a detailed guide describing how to complete each section of the annual return.
The ATO has recently released the 2014 version of the annual return for SMSFs. It has also clarified some of the rules that apply to the borrowing arrangements and assets they are used to acquire.
Strict conditions apply to borrowing money through limited recourse borrowing arrangements. There can be civil or criminal consequences for fund trustees that fail to follow the rules.
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zfielding-GvX3Uq9KTa

ATO concerned that SMSFs are incorrectly reporting borrowing details relating to property purchases

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As the end of the financial year approaches, self-managed super fund (SMSF) trustees can employ a number of strategies to legally minimise their tax payments.
Graeme Colley of the SMSF Professionals’ Association of Australia says those strategies include after-tax and age-specific tax contribution.
“Making after-tax contributions to super, which could come from your personal savings, transferring personal investments or an inheritance, is one effective way to minimise tax,” says Colley.
While the maximum personal after-tax contribution for this financial year is $150,000, those aged 65 or over can contribute up to $450,000 over a three-year period.
“This allows you to make substantial contributions to super and build your retirement savings,” Colley says. But he warns SMSF trustees not to go over the after-tax contribution caps, with excess contributions attracting tax rates up to 46.5%.
The after-tax contribution cap will rise for the next financial year, says Colley.
“Remember, too, that from 1 July 2014, the after-tax contributions cap increases to $180,000. This means if you can trigger the bring-forward rule that a total of $540,000 can be contributed over the fixed three-year period.”
He explains that SMSF trustees who are aged 60 and over have a maximum tax deductible contribution cap of $35,000.
“These contributions include amounts you make as salary sacrifice, the Superannuation Guarantee or, if you qualify, personal deductible contributions. If you want to maximise your contributions before 30 June, make sure you talk to your accountant, tax agent or professional adviser so that your salary sacrifice agreement with your employer allows the maximum to be salary sacrificed,” says Colley.
Regulations apply to those aged 65 or over who still want to contribute to their SMSF.
“If you are 65 or older you will need to meet a work test to contribute to super in most cases. You will need to work for at least 40 hours during 30 consecutive days at any time during the financial year to make tax deductible and non-deductible contributions to super,” says Colley.
Once you reach 60 years old, all lump sums that you extract from your super fund is tax free, with some exceptions for government funds.
“However, before age 60 any lump sums that include a taxable component can be taxable. The taxable component includes the tax deductible contributions plus any income that has accumulated in your superannuation benefit. No tax is payable on taxable amounts of up to $180,000, in total, you receive before age 60. This amount is indexed annually,” says Colley.
He says that if trustees are eligible to draw from their superannuation, it may benefit them to wait until they are over 60 years old, or a later financial year.
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