Income Protection Deductions

Discussion in 'Accounting & Tax' started by Paul@PAS, 17th May, 2017.

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  1. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Occasionally I see taxpayers who seek to claim a tax deduction for the premiums for income protection insurance in their superannaution account/s.

    This isnt tax deductible to the taxpayer but is a deduction the super fund will claim that reduces member taxes. The taxpayer should not claim a deduction.

    Only a personal policy that provides income protection cover is tax deductible. Life insurance etc is not tax deductible. Where a policy includes life and income cover the insurer will issue notice each year to confirm the deductible amount.
     
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  2. MoneyMan

    MoneyMan Well-Known Member

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    So does that mean can you claim income protection when it comes to tax time for the IP's?
     
  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    If you are the owner of the policy.
     
  4. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Yes, Income protection insurance paid by a property investor is a deduction that will reduce overall tax.
     
  5. MoneyMan

    MoneyMan Well-Known Member

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    Ah cool
     
  6. Scott No Mates

    Scott No Mates Well-Known Member

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    @MoneyMan - Income protection only covers 75% of salary not rent & subject to waiting period.
     
  7. KayTea

    KayTea Well-Known Member

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    Fingers crossed the rent coming in from the tenants will cover the mortgage on the IP anyway, right ? :D
     
  8. datto

    datto Well-Known Member

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    The word on the streets of the Druitt is to build a buffer. Income protection insurance not absolutely necessary if modest buffer built.
     
  9. wombat777

    wombat777 Well-Known Member

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    Sorry, off topic but if I use @datto to run a protection racket for which he gets a 50% cut of the proceeds, can a tax deduction be claimed for his split?
     
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  10. Scott No Mates

    Scott No Mates Well-Known Member

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    @wombat777 - specific exclusions apply, like @datto's injuries incurred cutting the grass
     
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  11. MoneyMan

    MoneyMan Well-Known Member

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    well the income protection was more for the PPOR if one of us was incapacitated etc
     
  12. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    LOL - No. It would be a share of partnership income and each partner assessed on their respective 50% share - after GST of course.
     
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  13. datto

    datto Well-Known Member

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    Sounds legit. The expenditure is linked to gaining assessable income. Don't forget the GST. The tax invoice is in the mail.. LOL.

    Hmmm...injuries like... getting knifed?
     
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  14. Scott No Mates

    Scott No Mates Well-Known Member

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    Free spaying service - no anesthesia required :eek:
     
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  15. Rob G

    Rob G Well-Known Member

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    No deduction for expenses relating to committing an indictable offence, s.26-54.

    Illegal proceeds are ordinary income, but deductions may be denied.

    Double jeopardy, punished under criminal law and fiscally punished under tax law.
     
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  16. datto

    datto Well-Known Member

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    Therefore, no incentive for crims to declare ill gotten money. Govt misses out.
     
  17. Rob G

    Rob G Well-Known Member

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    Commissioner does not need a crim to declare proceeds.

    All the ATO needs to do is raise a default assessment based on unexplained wealth.

    It is then up to the taxpayer to then show what the correct tax position is by explaining how they came by this wealth other than by earning it. The onus is on the taxpayer, none of this weak criminal law presumption of innocence.
     
  18. datto

    datto Well-Known Member

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    A wealthy crim uses the best lawyers and accountants.

    They are untouchable unless they stuff up in some way.

    Have a look around. Bikie clubs still operate untouched in NSW. They aren't getting raided by the ATO. Neither are night club/strip joint operators. Or maybe s167 assessments have been raised and these taxpayers have paid them out or gone bankrupt without any assets.

    Who knows, but I bet stooges are set up to take the default assessments which end up being written off and never see the light of day again.
     
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  19. Scott No Mates

    Scott No Mates Well-Known Member

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    and they/their families are well looked after by their associates for having taken the 'fall'.

    There are several towns in the Mafia strongholds where the old man gets locked up, family/kids get 'looked after' but 'owe' a debt back to 'la famiglia', they never need to work a day in their lives as they are cared for in all ways.

    The easiest way is money laundering through 'approved channels' like the TAB, you win some/lose some but all wins are clean.
     
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  20. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    The lawyer was arrested too. Love how the AFP recorded his meeting when the journo allegedly blackmailed the group for $5m and the lawyers drafted and executed a deed/ agreement for the bribe with a NDA !! Then when it was paid they froze the $5m.

    The AFP had these guys in their sights for months. The introductions of funds into a TAB account is the point of AML (anti money laundering) concern. Same as a casino. If you walk into a casino and take chips of $10K or more its a reportable transaction. Even under $10k with frequency the face recognition technology used in casinos can pick up laundering.

    These days with anti terrorism and funding or the likes of ISIS there is a huge process to monitor cash....I would think that how this one started.
     
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