Which Rules Apply to Tax
The Rules of Engagement: (1) Only masters - Creative people, ready to put their own money, skill, determination and credibility on the line, are able to TaxPlan. (2) At no time is it permissible to contravene Part IVA anti-Avoidance Legislation. That is, unless you are prepared and cashed up to have the High Court trial your scheme of arrangement under the Federal Constitution. (Like "Wik" the Legislation by self serving politicians may not hold up in the High Court) (3) Tax Evasion is sometimes a criminal offence and punishable by a heavy fine and or imprisonment. (4) You must choose an
application(s) from the list:-
(i) Primary Production There are lots of different businesses. The general rule is that they all boil down to selling a contract (No one gets paid until something is sold). If you advertise an icecream for sale (offer) and someone orders one (acceptance) and he pays (remuneration) the contract is complete and the new owner can lick) (5) You must start up the venture with the view to eventually making a profit. Plan for loses in the early years.
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(6) You must keep flawless but simple books of account. The ATO gives a list of preferred records to be kept and can order a compliance audit. If you read Michael Carmody's personal guarantee (pg 2 Tax Pack) you might notice he has a thing about accountants. (7) You must give up the ideas of a servant - 9 to 5 employment, holidays etc. A business operates 24 hours a day 7 days doing anything to make a profit. A person who limits himself to painting Easter eggs is looking for trouble. (8)
The Court's attitude to TaxPlanning is based on Lord Tomlin's Reason for
Judgement: "Every man is entitled
if he can to order his affairs so that the tax attaching under the
appropriate Act is less than it otherwise would be. If he succeeds in ordering
them so as to secure this result, then, however unappreciative the
Commissioner of Inland Revenue or his fellow taxpayers may be of his
ingenuity, he cannot be compelled to pay increased tax" (10) If you are a public servant (politician, judge, policeman, teacher, clerk) dont use your position for your personal business - this is called "Rorting the System". Use your personal business(s) and generally, expenses will be classified as a legitimate tax deduction. (11) Keep up to date with what's happening. Not knowing is no alibi. Remember too, the Courts are not interested in the truth or the facts - just the evidence and the merits of the case. You are, of course , innocent until proven guilty - if you can afford it - right to the High Court.
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