She will not be liable for CGT on any capital growth in the 14 years prior to becoming Matthew's spouse.
2 INCOME SPLITTING
Income splitting is a legitimate tax-planning tool and one of the easiest strategies to implement. There are a few simple strategies for you to follow and they all mainly revolve around the marginal tax rates for yourself and your spouse, both now and in the future. The tax rates for individuals, not including the Medicare and other levies, are shown in table 1.1.
The goal is to try to level the income of couples so that they are paying tax at the same marginal rate. While income from personal exertion (such as your salary) cannot be transferred to the other partner, there is scope to have passive income from investments transferred if the assets are held in the lower-earning spouse's name.
TABLE 1.1: tax rates for individuals excluding levies (2021–22)
Source: © Australian Taxation Office for the Commonwealth of Australia.
| Taxable income | Tax on this income |
|---|---|
| 0–$18 200 | Nil |
| $18 201–$45 000 | 19c for each $1 over $18 200 |
| $45 001–$120 000 | $5092 plus 32.5c for each $1 over $45 000 |
| $120 001–$180 000 | $29 467 plus 37c for each $1 over $120 000 |
| $180 001 and over | $51 667 plus 45c for each $1 over $180 000 |
It amazes me how many smart business people are really dumb when it comes to reducing tax. Too often I see rich business people paying the highest tax rate (47 per cent including medicare levy) on interest or dividend income while their spouses don't fully use their $18 200 tax-free threshold. With the $1.7 million transfer balance cap on superannuation, there is an opportunity to split superannuation contributions between spouses such that each spouse maximises their respective $1.7 million thresholds before they retire.
Ensure that all investments are in the name of the lower-earning spouse so that they can take advantage of the lower tax rates (particularly the first $18 200, which is tax–free) on any investment income derived. Likewise, have all passive deductions, such as charitable donations, in the higher-earning spouse's name as they may get a return of up to 47 per cent, depending on their income level.
The best tax outcome can be achieved with a low-income earner holding investment assets. They could earn up to $21 884 tax-free (see p. 15), receive a refund of all imputation credits and pay less tax on capital gains.
If an investor on the top marginal tax rate of 47 per cent had a $100 000 capital gain on an asset held more than 12 months he/she would pay $23 500 in tax and Medicare levy. If an investor with no other income had a $100 000 capital gain he/she would pay $7467 — a saving of $16 033.
Any tax benefit derived by transferring an income-producing asset from one spouse to another may be lost if there is CGT to pay on assets originally acquired after 19 September 1985.
If you transfer an income-producing asset to your spouse you may need to find out the market value of the asset from a professional valuer. This is regardless of what you actually receive because the transaction is not independent nor is it at arm's length. In this situation either party could exercise influence or control over the other in connection with the transaction.
If you do not have a spouse, or you are both in the highest tax brackets, consider creating an investment company that is taxed at a flat rate of 30 per cent (reducing to 25 per cent if your company derives at least 20 per cent of its income from non-passive sources and has an annual turnover below the small company threshold of $50 million) for all income.
3 DEPENDANT (INVALID AND CARER) TAX OFFSET
The dependant (invalid and carer) tax offset (DICTO) is only available to taxpayers who maintain a dependant who is genuinely unable to work due to carer obligation or disability.
The DICTO has consolidated the following tax offsets:
invalid spouse
carer spouse
housekeeper
housekeeper (with child)
child housekeeper
child housekeeper (with child)
invalid relative
parent/parent-in-law.
The ATO may deem you eligible for the DICTO if the following applies:
you contribute to the maintenance of your spouse, your parent (or your parent's spouse), your child (aged 16 or over) or siblings (aged 16 or over)
your dependant was being paid either:a disability support, a special needs disability support or an invalidity service pensiona carer allowance for a child or sibling aged 16 or over
your adjusted taxable income as the primary income earner was $100 000 or less
your dependant's adjusted taxable income was less than $11 546
you and your dependant were Australian residents (not just visiting).
If you satisfy the above and your dependant's adjusted taxable income was $285 or less and you maintained him or her for the whole year, you can claim the maximum dependant (invalid and carer) tax offset of $2816.
The DICTO is reduced by $1 for every $4 that your dependant's adjusted taxable income exceeds $282.
You may be able to receive more than one amount of DICTO if you contributed to the maintenance of more than one dependant during the year, including if you had different spouses during the year.
The ATO defines your ‘adjusted taxable income’ as the sum of the following amounts, less any child support that you have paid:
taxable income