For service fees to be tax deductible they must be able to be substantiated.
A simple journal entry is not sufficient evidence of payment. Journal entries alone,
without an accompanying agreement, are inadequate.
In one case, a taxpayer was denied a deduction for an interentity service charge that was
recorded in the taxpayer's accounts but not actually paid. The deduction was disallowed due to
insufficient evidence showing that the service charge was incurred in the course of the taxpayer's business.
The presence of a 'service agreement' was considered to have minimal evidentiary
value because the terms of the agreement were not adhered to during the arrangement.
Relevant cases include:
Manzi v Smith [1975]
HCA 35 PBKQ v FCT [2016] AATA 681
Temples Wholesale Flower Supplies Pty Ltd v FCT [1991] FCA 162
Commissioner of Taxation v Cassaniti [2018] FCAFC 212
Trustee for JC Mobile Sharpening Discretionary Trust 7 (JC Mobile Sharpening)
and Robis Consulting Pty Ltd and FCT 8 (Robis Consulting)
We are aware there are software companies and accountants offering potentially
noncompliant software that may significantly impact the accuracy of tax returns.
A specific concern is the use of automated journal entries that practitioners where no valid
service agreement that confirms the business model or collates the evidence the arrangements are
valid for tax purposes. Incomplete or inappropriate charts of accounts, accounting
and billing systems do not always support the tax items reported by the service entity or practitioner.
There remains confusion or lack of awareness of this systemic problem.