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29 Nov 2022

Hi there,


I own a Pty Ltd which I contract through. I'm the sole director and had only one "client" per year, which probably means PSI rules apply to me. However I was working from a home office and providing my own equipment to provide IT services.


My quarterly BAS' GST was paid and prepared correctly for the last two years and my 2021 Company Tax return was submitted a year ago. Additionally, they handled my income tax return so I had already paid 20k in personal income taxes.


According to my accountant, I think I may be liable to a 100k in company tax that was "banked" up over the last two years as I was drawing my wages directly from the Pty Ltd bank account (https://business.gov.au/finance/taxation/pay-as-you-go-payg-instalments). Apparently, I was supposed to set aside an amount to pay myself Super + PAYG tax. I was not told about this until 6 months after the end of contracting. I was only told about this when I asked about deregistering the company as I had planned to no longer work / contract anymore (so the company account is almost empty).


Can someone clarify what I should do in this situation?






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1,996 views
1 replies

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Most helpful reply

Bruce4Tax(Taxicorn)Taxicorn
30 Nov 2022

If the so-called wages were not reported as payroll, then that amount was a borrowing from the company.


This creates a Div 7A issue, but I don't see why company would have a big tax bill.

PSI companies are expected to pay out all income as salary, super, operating expenses, and admin expenses. Interest is taxable to the company, including Div 7A interest if any, but any remaining PSI income is attributed directly to you and appears at item 9 on your personal tax return.


This means that if you did not draw a salary, then you will have the big tax bill - not your company.


What happens now will depend on the facts. If salary was not reported on STP and BAS forms, then there was no salary - just a loan. If no salary, then no super, no workcover, no company income other than interest, because the net business income should be attributed to you personally.


This is not new - goes back to when PSI law introduced.


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Most helpful reply

Bruce4Tax(Taxicorn)Taxicorn
30 Nov 2022

If the so-called wages were not reported as payroll, then that amount was a borrowing from the company.


This creates a Div 7A issue, but I don't see why company would have a big tax bill.

PSI companies are expected to pay out all income as salary, super, operating expenses, and admin expenses. Interest is taxable to the company, including Div 7A interest if any, but any remaining PSI income is attributed directly to you and appears at item 9 on your personal tax return.


This means that if you did not draw a salary, then you will have the big tax bill - not your company.


What happens now will depend on the facts. If salary was not reported on STP and BAS forms, then there was no salary - just a loan. If no salary, then no super, no workcover, no company income other than interest, because the net business income should be attributed to you personally.


This is not new - goes back to when PSI law introduced.


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How should I be taxed as a Pty Ltd contractor? | ATO Community