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If you are a contractor or consultant and you earn personal services income, special tax rules may affect what amounts you include in your assessable income and what deductions you can claim. Personal services income rules can apply to sole traders, partnerships, companies or trusts.
PERSONAL SERVICES INCOME (PSI) Personal services income is income that is mainly a reward for, or the result of, your personal efforts or skills. Examples of personal services income include: ■ income earned by consultants from exercising personal expertise ■ income of a professional practitioner in sole practice ■ income payable under a contract that is wholly or principally for the labour or services of a person ■ income derived by a professional sportsperson or entertainer from the exercise of professional skills. Personal services income does not include income that is mainly: ■ for supplying or selling goods ■ for granting a right to use property ■ generated by an income producing asset, such as income derived from the use of a truck ■ generated by a business structure, for example, a large accounting firm. WORKING OUT IF THE PSI RULES APPLY TO YOU If you are conducting a personal services business or you hold a personal services business determination from us, the personal services income rules do not apply to you. You qualify as a personal services business if any of the following apply: ■ you meet the results test ■ less than 80% of your personal services income in an income year comes from each client and you meet one of the other three personal services business tests (the unrelated clients test, employment test or business premises test) ■ you obtain a determination from us confirming that you are a personal services business. You can apply for a determination if any of the following apply: ■ you are not sure whether you meet one or more of the personal services business tests ■ you don’t meet the results test and 80% or more of your personal services income comes from one client ■ unusual circumstances prevent you from meeting one or more of the tests.
If you don’t meet the results test and 80% or more of your personal services income comes from one client, the personal services income rules will affect you unless you get a determination from us. WHEN THE PSI RULES APPLY If you are a sole trader, the personal services income rules limit the deductions you can claim. For example, claims you can make are limited for: ■ rent, mortgage interest, rates or land tax on your residence ■ wages or super payments for associates. For companies, partnerships or trusts: ■ there are limits on the deductions you can claim ■ we regard the income (less certain reductions) for tax purposes as your income and you must include it in your personal assessable income ■ the company, partnership or trust will have an additional PAYG withholding obligation on the income attributed to you.
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