持分求教，已有fulltime收入，做小生意的收入如何报税

kevcc

小弟目前有全职工作，打算和老婆一起投资做的小生意。小生意按partnership的收入分摊到我的这部分，是加到我目前的收入一起报税还是分开报？

比如我年薪5万，生意收入5万，扣税的话是按总收入10万来扣，还是生意收入的5万要分开算。如果分开算得话受tax free threshold 影响吗？

生意的收入一定要给你自己交super吗？super的比率是按总收入的9.5%，还是可以自行决定。

Ozmark123

Morning,

If it is not personal service business, and your spouse has minimal other income, it is better to set up trust rather than partnership, trust is more expenses than partnership both initial set up and ongoing accounting cost, but compare with partnership, discretionary trust is a lot more flexible on tax savings and effective on asset protection, compare to trust tax savings, the accounting cost on trust is nothing.

Back to the topic, you mentioned partnership.
If partnership, you need to distribute partnership profit income partners, then partners claim it in individual tax return as part of taxable income per individual marginal rate.

For example, your full time income 50K, which will be withheld tax by your employer.
partnership distribution in total is $50K, your share $25K, your spouse $25K (partnership will be 50-50 unless different % made through partnership agreement).

Then your individual taxable income will be 50K+25K = $75K (suppose no expenses or interest income etc considered), of which 50K full time income already paid tax through PAYG, but $25K is not paid tax when first tax year lodgement, when you lodge your tax return, will be tax payable.

The other $25K will be claimed under your spouse individual tax return.

But after individual tax lodgement, ATO will issue advanced tax- called PAYG Instalment, which you may pay quarterly to ATO, the amount is determined by your lodged tax return liability.

It is not forced for self-employed to pay their own super fund.

yorkkroy

partnership不算seperate legal entity，没有法人资格，所以ATO不对partnership层面（生意本身）征税

partnership经营利润 按照你们既定比例分成给各个partner 算个人收入

特别注意的是 partnership和company计算利润不同 partner不算员工 发给他们任何资金（salary/super）都算作利润分成：

“If you operate your business as a partnership, the partnership cannot pay you salary or wages as you are a partner, not an employee. Any nominal payment of a salary or wages to a partner is usually a distribution of profit.”

所以回答你的问题

1.是两个收入来源合并报税 享受一个tax free threshold
2. 是否一定要contribute:
"When a business is operated as a sole proprietor, or through a partnership such as yours, self-employed contributions must be made. The problem is that the requirements that must be met to be eligible to make tax-deductible self-employed super contributions are complicated."

Partner super contribution能否deduct:
"If you're a sole trader or a partner in a partnership, you may be able to claim a deduction for your personal super contributions. However, you will not be able to claim a deduction if, during the year, you earned more than 10% of your total income from employment."

kevcc

Ozmark123 发表于 2016-11-24 09:17
Morning,

If it is not personal service business, and your spouse has minimal other income, it is b ...

Then your individual taxable income will be 50K+25K = $75K (suppose no expenses or interest income etc considered), of which 50K full time income already paid tax through PAYG, but $25K is not paid tax when first tax year lodgement, when you lodge your tax return, will be tax payable.

我想问一下，这75k是按照一个收入来扣税吗？ 比如总收入75k扣20k的税，我50k的工作已经withhold 10k的税，我需要补交10k的税，是这个意思吗？

Ozmark123

kevcc 发表于 2016-11-24 10:22
我想问一下，这75k是按照一个收入来扣税吗？ 比如总收入75k扣20k的税，我50k的工作已经withhold 10k的 ...

Yes.

wangwalter

kevcc 发表于 2016-11-24 10:22
我想问一下，这75k是按照一个收入来扣税吗？ 比如总收入75k扣20k的税，我50k的工作已经withhold 10k的 ...

是

kevcc

Ozmark123 发表于 2016-11-24 10:33
Yes.

谢谢啦