Structure for Commission based income

Discussion in 'Legal Issues' started by Millie, 7th Mar, 2021.

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  1. Millie

    Millie Well-Known Member

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    This does not apply to me in any way, but I have a curious mind.

    Is there a “normal” structure for, say Real Estate Agents - people who are high income earners through Commission payments?

    We have spoken to a few recently who have said they are paying at the top rate of income tax.

    If there is a better way, should their tax agent be suggesting they seek advice on this?
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    Personal services income - can't split it with partner or kids etc.
     
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  3. Onyx_OCAU

    Onyx_OCAU Well-Known Member

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    Best way to attempt to save tax in this scenario is by running up massive expenses related to producing that income. eg. a real estate agent could do with a Mercedes E63S as a car to be used in the course of business, $280k. $2500 for the latest model phone; get yourself an Apple Mac Pro computer, option it up - ticking all the options I managed to get a system priced at $82k not incl software, etc. That just reduced your taxable income because these purchases can be construed as a necessary expense in the course of deriving that high commission income.


    Not financial advice, I am not a cat.
     
  4. JohnPropChat

    JohnPropChat Well-Known Member

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    The ideal way to pay less tax shouldn't involve buying not-otherwise-required stuff for the sake of deductions.
     
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  5. JohnPropChat

    JohnPropChat Well-Known Member

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    I've seen some people who provide personal services through an entity and do income splitting every year. Essentially they operate through an entity and meet the requirements for a PSB so that PSI rules don't apply. That just leaves the GAAR and alienation of PSI measures. What's worse is that two of them even passed an audit. The key, I was told, is to not get carried away with "administrative/secretarial" work from associates part. The principal should still be attributed the bulk of the income. Apparently there is some kind of "benchmarks" as to what is seen as acceptable.
     
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