Modern Australian
The Times

Yes, there are millionaires who pay no tax, but crimping deductions mightn't help

  • Written by Ann Kayis-Kumar, Senior Lecturer and Tax Clinic Director, School of Taxation & Business Law, UNSW

For some people tax time will result in no tax paid this year, and if past years are anything to go by, about 50 of them will be millionaires.

Not mere millionaires, but millionaires earning more than A$1 million per year.

For some of these 50 or so very high earners, managing tax will be expensive. The two dozen or so that typically claim deductions for the “cost of managing tax affairs” claim an average of about $1.7 million each.

It might have been with this in mind that during last year’s election campaign Labor promised to cap the size of the deduction people could claim for “managing tax affairs”. The proposed cap was $3,000.

Tax agents would still be able to charge more than $3,000 – a lot more if they want to, even an additional million or more – but their clients would only be able to deduct $3,000 of it from their income when submitting their tax return.

Labor wanted to cap deductions

The rationale was straightforward: if people are claiming over $1 million in deductions on money spent managing their taxes, then putting a ceiling on those deductions ought to stop it.

Yes, there are millionaires who pay no tax, but crimping deductions mightn't help Labor leader Bill Shorten wanted to cap the deduction for the cost of managing tax affairs at $3,000. DAVID CROSLING/AAP

Not so fast.

Often in tax we plug holes quickly rather than stepping back and looking at the whole system and its interactions. And then we have to plug another one.

The question to ask first is whether capping this individual line item would prevent or move the leakage.

We went to the source by conducting a nationwide survey of Australia’s most senior tax professionals to glean their perspectives.

Our findings reflect the views of people who, to paraphrase Mandy Rice Davies, “would say that, wouldn’t they”.

It might not have worked

Nonetheless, the detail of what they told us was surprising.

Here’s what they said.

  • Most of the targets would be unaffected. They would be able to switch their deductions into associated corporate entities. This interchangeability of personal and corporate tax deductions highlights the importance of considering the system as a whole.

  • Because of this it might, counter-intuitively, have the opposite effect to what was intended, creating a saturation where the truly wealthy could escape the cap, but those of lesser means could not.

  • A better solution would be for the tax office to conduct more tax audits. Studies suggest the decisions of high wealth individuals to engage in aggressive tax planning practices are strongly influenced by the probability of being selected for audit.

  • There are definitional ambiguities in relation to the subcomponents of the deduction that make it hard to work out what is going on. Sometimes “litigation” includes tax planning, other times it does not. “Other” is a grab bag that can include software costs, travel costs and reference material. It would help if the tax office provided guidance.

  • High wealth individuals often employ tax advisers to cope with complexity and uncertainty of the tax system rather than to reduce tax.

As we said, you are welcome to consider the possibility that the observations of the tax professionals are self-serving, but their overwhelming embrace of more tax audits and their pleas for the tax law to be easier to understand also suggest a keenness to ensure that taxpayers do the right thing.

Read more: Be careful what you claim for when working from home. There are capital gains tax risks

Labor’s proposal to cap the deduction for the cost of managing tax affairs at $3,000 (when for most people the deduction is closer to $300) was understandable, although it might not have worked as intended.

It was a reminder of the oft-quoted maxim that for every problem there is a solution that is simple, neat – and wrong.

For further details, please see: Kayis-Kumar A, Evans C and Lim Y, To cap or not to cap? Policy options for dealing with the costs of managing tax affairs deduction in Australia (2020) 35(2) Australian Tax Forum.

Authors: Ann Kayis-Kumar, Senior Lecturer and Tax Clinic Director, School of Taxation & Business Law, UNSW

Read more https://theconversation.com/yes-there-are-millionaires-who-pay-no-tax-but-crimping-deductions-mightnt-help-139279

7 Signs It's Time to Upgrade Your Piston Air Compressor

If you run a workshop, panel shop, or fabrication business anywhere around Perth, you already know what heat and dust do to equipment over a few sum...

How Long Do Bathroom Renovations Melbourne Take? Step-by-Step Process Explained

Planning a bathroom renovation is exciting, but one of the biggest questions homeowners ask is, "How long will it take?" While every project is uniq...

Why Your Skin Breaks Out: The Science of Acne Explained

Acne is the most common skin condition in the world. An estimated 85% of people experience it at some point between the ages of 12 and 24, and a gro...

10 Swimwear Trends Australian Women Are Wearing This Summer

Every Australian summer brings a fresh wave of swimwear trends, but some styles have much greater staying power than others. While fashion constantly ...

Why Regular Skills Updates Are Essential for Licensed Security Officers

A guard at a Brisbane shopping centre gets a call about a shoplifter who's turned aggressive.  They’ve done the job for six years. But their de-...

10 Benefits of Choosing Professional Tutoring Penrith Services

Every student has unique learning strengths, challenges, and academic goals. While classroom teaching provides essential knowledge and structure, so...

Sunshine Coast Baby Classes Prove Big Hit Among First-Time Mums

There's a movement gaining traction on the Sunshine Coast, providing a village of support, socialisation and relief for first-time mothers and babie...

Father's Day Gift Ideas for Men Who Are Hard to Buy For

Some dads are easy to buy for. Others do not want anything, already have everything, or give you the classic "don't worry about me" answer every yea...

Top 5 Mistakes That Wear Out Your Brakes Faster

Brakes don't need frequent replacements like oil changes do.   But a lot of the wear happens quietly, over months, because of habits most drivers...

Plantation Shutters vs Curtains: Which Is Better for Your New Home?

Moving into a new home is an exciting opportunity to personalise your space and make it your own. While many homeowners focus on furniture, flooring...

Celebration of Life vs Traditional Funeral: What's the Difference?

When saying goodbye to someone you love, there is no single way to honour their life. Every family has different traditions, beliefs, and preference...

Building Approval for Roofing Projects: What Homeowners Need to Know

Roofing projects are an important part of maintaining and protecting your home. Whether you're repairing storm damage, replacing an ageing roof, or ...

Chatswood Tutoring And Its Role In Academic Achievement

Academic success often requires more than classroom attendance alone. Students face increasing expectations as they progress through school, particu...

Why Laser Hair Removal Treatments Continue Growing In Popularity

Managing unwanted hair can become time-consuming and frustrating for many people, especially when shaving, waxing, and other temporary methods requi...

Choosing the Right Devices for a Flexible Workplace

For IT leaders managing large fleets, the device layer is where workforce productivity and security policy meet. The shift towards flexible and hybrid...

How Business Advisory Services Help Companies Achieve Sustainable Growth

Every business owner aims to build a profitable and sustainable organisation. While dedication, innovation, and hard work are important, achieving l...

Why Body Contouring Has Become A Popular Cosmetic Treatment

Many people maintain healthy lifestyles through regular exercise and balanced eating habits but still struggle with stubborn areas of fat that are d...

How to Choose the Right POS Hardware for Your Business in Australia

A lot of Australian business owners spend weeks researching POS software but buy hardware almost as an afterthought. That's a mistake. The wrong har...