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Undisclosed income risks hefty asset betterment assessments

The Federal Court are satisfied with asset betterment principles – a controversial approach the Australian Taxation Office (ATO) takes to determine undisclosed income.



 


The ATO uses this principle to determine undisclosed income. It is most commonly applied


when dealing with businesses that operate in the cash economy – cafes, bars, laundromats,


etc. The net increase in a taxpayer’s financial position each year is tallied up and compared


with their tax return. Significant discrepancies probably arise from undisclosed income and


are investigated further.


 


When no supportable explanations exist, an assessment for the undisclosed amount is issued


– often with penalties and interest. And, it is a huge tax thereafter to have that reversed or


even scaled back. A huge task means a very costly task!


 


An asset betterment calculation is not a concept embodied in the tax law or any rulings.


Despite having no legal basis, the practice has stood up to scrutiny in the courts, even if the


asset betterment calculation is clearly wrong.


 


Where there are scant records, cash businesses and inconsistent information, an asset


betterment calculation may be the closest approximation of taxable income, notwithstanding


those items in the statement cannot necessarily be forensically linked to real transactions.




25th-March-2022
 

Agostinelli Perlen
Phone: (03) 9654 2022 // Fax: (03) 9654 2044 // Email: info@agpe.com.au

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