ATO's new focus for small business The ATO is currently focusing on the following 'specific risk areas', where it is concerned "small businesses are getting it wrong": Contractors omitting income — with a focus on data matching to ensure all income is reported. Quarterly to monthly BAS reporting for GST purposes — The ATO will move around 3,500 small businesses with a history of non-compliance to monthly reporting from 1 April 2025. Small business boost claims — with a focus on encouraging self-amendments to correct errors and omissions. The ATO will also continue its focus on non-commercial business losses, small business capital gains tax ( CGT ) concessions, business income that is not personal income, incorrect claims for 'small business boosts', GST registration and income of taxi, limousine and ride-sourcing services.

Bill passed for Instant Asset Write-Off of $20,000 for 2024-25 There was no mention of the extension of the instant asset write-off ( IAWO ) within the Federal Budget delivered last Tuesday night, leaving many small business taxpayers frustrated and uncertain. However, the Treasury Laws Amendment (Tax Incentives and Integrity) Bill 2025 has now been passed through the Parliament, and it included the extension of the IAWO threshold of $20,000 for assets first used or installed ready for use between 1 July 2024 and 30 June 2025. After the Bill has now been passed by both the House of Representatives and the Senate, it now simply waits to receive Royal assent.

SUMMARY AND FULL COMMENTARY UPDATES 

ATO appeals to High Court in the Bendel Case decision The Australian Taxation Office ( ATO ) has now applied to the High Court for special leave to appeal the Full Federal Court’s decision in FCT v Bendel [2025] FCAFC 15. Last month, we released a Tax Alert ( see here ) after the Federal Court delivered their unanimous decision that an unpaid present entitlement (or UPE ) owed by a discretionary trust to a corporate beneficiary is not a “loan” for Division 7A purposes. The ATO has also issued an Interim Decision Impact Statement ( DIS ) in response to the Full Federal Court decision. A DIS provides information for taxpayers and advisers, and includes: details of the case, a brief summary of facts, issues decided by the court or tribunal, and relevant legislation and case law.

External audit is often considered to be ‘just a compliance exercise’, however while these financial statements audits are often required to meet legal obligations, they can provide significant value beyond ticking a regulatory box. An important question is to consider why you are having an audit: Is it required by legislation / constituting documents? Have your suppliers / customers / funders requested one? Board / Management has chosen to have an audit for good governance practices. The reason for your audit can shape what you need from your auditor. Look for an auditor with industry experience and if you are a not-for-profit or small business entity then experience in that sector is critical. An external auditor should not only understand your organisation’s unique challenges but also bring insights in relation to financial risks in your industry and best practice improvements. Remember an external auditor needs to be independent so be careful about using someone with a particular relationship with the entity even if they do offer to do the work for a cheap price. An external doesn’t just identify material errors; they offer practical advice for improving financial management and help foster a culture of transparency and accountability. An effective audit can strengthen internal operations and bolster the confidence of donors, investors, and regulators in your organisation’s financial health. If you don’t need a financial statement audit, then consider using an auditor to perform work on specific areas to provide detailed recommendations and provide an opinion on accuracy over key systems. This work is equivalent to an internal audit project where the auditor does not need to be independent and can agree the scope with management, this could cover financial and non-financial areas such as payroll, purchasing system, compliance with specific standards (e.g. child safety, health and safety, privacy).