Over the past 2 years I have noticed in an increase in audit activity by the Australian Taxation Office (ATO). This is mainly due to the increasing ease of access to information with the use of computers.
Whilst some audits are unavoidable there are some things small business can do to avoid an audit. I recently came across the below 10 ways which may increase the likelihood of attracting an audit:
1. Financial performance that is out of kilter with your industry
As a matter of course the ATO will statistically analyse your tax returns. If your performance is inconsistent with your industry peers, this can be an indicator of tax issues such as unreported (cash) income, transfer pricing and other issues. See our blog on how to review industry standards.
2. Not paying the right amount of superannuation to your employees
If employees complain to the ATO that their employer has not paid them the right amount of superannuation, or not paid it on time, this is a sure fire way to get a review or audit from the ATO. Often these types of audits can begin as a review of superannuation guarantee obligations, but quickly escalate to include income tax, GST and fringe benefits tax audits if the process isn’t appropriately managed.
3. Variances between tax returns and business activity statements
Reconciling the information reported on business activity statements to the tax returns is a crucial part of tax risk management. Large variances between the information reported in a tax return compared to the activity statements for the corresponding period is likely to trigger an ATO review or audit.
4. Having a poor record of lodging returns on time
Lodging annual income tax returns by the due date is not enough. You should aim to meet all compliance obligations (including activity statements, employee related reporting, fringe benefits tax etc.) and the on-time payment of any tax liabilities. A good compliance history can be invaluable in improving the ATO’s perception of a business.
5. Consistently showing operating losses
The ATO regards three loss years out of five as indicative of problems. There may be genuine reasons, but the ATO is likely to want to investigate these.
6. Owning motor vehicles, but not lodging an FBT return
The ATO receives data from the state and territory motor vehicle registries regarding individuals or businesses that have purchased vehicles (generally those with a value of $10,000 or more).
The ATO then matches these purchases with information reported in tax returns, activity statements and fringe benefits tax (FBT) returns, with an expectation that there will be at least some private use. If a business fails to lodge an FBT return showing private usage, or doesn’t include a ‘fringe benefit employee contribution’ in the income section of the tax return, an ATO review or audit is likely to be just around the corner.
7. Getting the disclosure items wrong in your tax return
Making mistakes in the disclosure items on your tax return can inadvertently cause you to be flagged for a review. There are internal checks in the returns and disclosures which are easily verifiable against publically available or other information collated by the ATO. Get these disclosures wrong and the ATO is likely to call.
8. Big fluctuations between years
Big fluctuations in financial position or particular line items in the tax return from year to year can trigger an inquiry from the ATO as to the cause.
9. Having international transactions
International transactions are a key area of focus for the ATO. Transactions with international related parties, transactions with tax havens, material funds transfers in and out of Australia are all examples of things that can raise a red flag at the ATO. Defensive strategies, such as transfer pricing documentation, can often be the best way to manage this risk.
10. Being in the news
A major transaction or dispute that is reported in the media will undoubtedly be seen by the ATO. Many business owners are selected for an ATO review after the sale of a high value asset (often the family home) is reported in the media.
Many of the above risks can be mitigated by working with us to ensure all your financial affairs are in order with the ATO.