By Peter Locandro
In Australia, the financial year (also known as the income year) runs from 1 July to 30 June, and your income tax return for that period must reflect all income earned and deductions claimed within those exact dates.
This makes the weeks leading up to 30 June the critical window for legitimate tax planning.
Any strategies you implement after 30 June automatically fall into the next financial year and cannot be backdated to reduce your current-year tax liability. Acting before end of financial year (EOFY) therefore allows you to legally minimise the tax you will pay when you lodge your tax return, potentially turning a large tax bill into a refund or significantly lowering the amount you owe the ATO.
Without proactive planning, you risk missing these levers entirely, paying more tax than necessary, and facing cash-flow pressure when your tax assessment arrives. Consulting an accountant before 30 June is therefore one of the most effective ways to stay compliant with ATO rules while optimising your after-tax position for the year that is about to close.
The ATO supports legitimate tax planning as a way for individuals and businesses to arrange their financial affairs to minimise tax within the rules of the law. This includes timing income and deductions, making concessional superannuation contributions, realising capital losses, or prepaying allowable expenses before 30 June — all of which must fall within the current financial year (1 July to 30 June) to affect that year’s income tax return.
However, the ATO draws a clear line between acceptable planning and impermissible tax avoidance. Under Part IVA of the Income Tax Assessment Act 1936 (the general anti-avoidance rule), the Commissioner can cancel a “tax benefit” if it is reasonable to conclude that the sole or dominant purpose of a scheme (or part of it) was to obtain that benefit. Factors considered include the form and substance of the arrangement, commercial rationale, and any artificial or contrived elements.
Penalties for Part IVA adjustments can reach up to 50% of the tax shortfall, plus interest. The ATO also targets specific areas such as trust distributions (section 100A), professional firm profit allocation, personal services income (PSI) alienation, and Division 7A loan compliance.
To ensure that you stay compliant when undertaking tax planning before 30 June, please ensure that:
- Genuine commercial purpose — all strategies should have a real business or personal rationale beyond just reducing tax. Purely artificial schemes (e.g. round-robin financing or inflated deductions with little economic substance) are high-risk and likely to attract scrutiny.
- Substantiation and records — all deductions, contributions, and transactions require proper documentation. Businesses must retain records for at least five years. Superannuation contributions claimed as deductions must be received by the fund by 30 June (allow extra time for clearing — ideally by mid-to-late June). Bad debts must be physically written off in the books before year-end.
- Specific timing and formalities — For trusts, resolutions distributing income must be made in writing before 30 June. Division 7A minimum yearly repayments on complying loans must occur by year-end, often requiring dividend declarations or offsets beforehand. Employee bonuses or director fees need clear commitments (e.g. resolutions) if they are to be deductible this year.
- Reporting obligations — employers must finalise Single Touch Payroll (STP) reporting shortly after year-end. Businesses lodge Business Activity Statements (BAS), GST, and Fringe Benefits Tax (FBT) returns as required.
Be Aware
The ATO uses sophisticated data-matching to identify discrepancies in income, deductions, rental properties, crypto, and other economy earnings. Common red flags may include mixing personal and business expenses, unsubstantiated claims, or aggressive trust/family arrangements lacking commercial substance.
Practical Advice for Compliance
Engaging a registered tax agent or adviser is highly recommended for anything beyond routine planning, especially if your affairs involve trusts, companies, significant investments, or international elements. We can help document the commercial purpose, apply relevant Practical Compliance Guidelines (PCGs), and ensure strategies align with ATO rulings and views.
While proactive tax planning before 30 June can deliver real savings, non-compliance risks audits, amended assessments, penalties, etc. can cause real damage.
In Summary
The ATO encourages smart, lawful tax management but maintains robust tools to counteract arrangements perceived as abusive. Staying compliant means focusing on substance over form, keeping impeccable records, and seeking professional guidance where complexity exists. For the most current details always talk to us as rules and focus areas can evolve.
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