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ATO Compliance Spotlight: Key Risks to Watch for in 2025


2025 ATO Compliance Focus
2025 ATO Compliance Focus

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As the 2025 tax year closes, the Australian Taxation Office (ATO) has sharpened its focus on compliance. If you think it’s just about ticking boxes at year-end, think again. The ATO is using advanced data-matching, AI-driven audits, and industry benchmarks to target high-risk areas. 


Mixing Personal and Business Finances? ATO’s Watching 

ATO red flags are triggered when private and business expenses are blurred. 


Practical Tip:  Use separate accounts and consistent accounting practices. Avoid claiming personal meals, clothing, or family holidays under your business. 


Work-From-Home Claims Must Be Proven 

The ATO expects robust records when claiming the $0.70/hour fixed rate. 


What You Need:  


  • A log of work-from-home hours 

  • Receipts for any running expenses 

  • Don’t claim rent or mortgage unless your home is a true place of business 


Rental Property Scrutiny 

The ATO is targeting rental property deductions—especially for short-term rentals. 


What They’re Looking For:  


  • Properties not genuinely available for rent 

  • Claims for periods of personal use 

  • Overstated repairs or capital works deductions 


Tip:  Keep advertising proof, lease agreements, and income schedules. 


Crypto and Digital Assets  

Every crypto transaction matters—buy, sell, stake, or swap. 


ATO Uses:   


  • Exchange data 

  • Wallet tracing 

  • Cross-border reporting tools 


Tip:  Use crypto-tracking software and keep detailed capital gains records. 


Gig Economy & Side Hustles 

Think Uber, Airbnb, Airtasker. It’s all taxable. 


ATO Matching Tools:  


  • Bank deposits 

  • Payment platform reports 


Tip:  Record all income and deductions (insurance, phone, vehicle use, etc.) 


Division 7A Loans Under Scrutiny 

Loans to shareholders or associates must comply with strict ATO guidelines or risk being taxed as unfranked dividends. 


Checklist:  


  • Formal loan agreement in place 

  • Annual repayments made 

  • Benchmark interest applied 

  • Interest declared as income 


Capital Gains Concessions (Small Business) 

ATO is reviewing CGT concession claims where businesses fail to meet thresholds. 


Ensure You Meet:  


  • Active asset test 

  • $2 million turnover limit (or $6 million net asset test) 

  • Business structure and timing rules 


Tip:  Review with a tax adviser before selling shares or business assets. 


Superannuation Guarantee (SG) Compliance 

The ATO is actively monitoring unpaid or underpaid super:  


  • Cross-matching payroll with STP data. 

  • Cracking down on late payments. 

  • Targeting gig platforms and businesses that misclassify workers as contractors. 


 Tip:  Pay super on time, use compliant payroll systems, and review your contractor arrangements. 


Trusts & High-Net-Worth Individuals 

High-income earners using family trusts and complex structures are under close scrutiny.


ATO is focusing on:  


  • Distributions to adult children or low-tax beneficiaries that seem artificial. 

  • Family trust elections and anti-avoidance compliance. 


Tip:  Document all trustee decisions, keep resolutions clear, and avoid aggressive tax minimisation tactics. 


Lodgment & Payment:  The Grace Period Is Over  

The ATO has ended its post-COVID leniency.


Now, it's:  


  • Actively chasing late or non-lodgers. 

  • Applying interest and penalties on unpaid tax. 

  • Encouraging early contact if you can’t pay on time. 


Tip:  Lodge everything on time—even if you can’t pay right away. It shows goodwill and avoids higher penalties. 


Your ATO Compliance Checklist 

Action 

Risk if Ignored 

Separate personal/business expenses 

Denied deductions, audits 

Log WFH hours & receipts 

Claims disallowed 

Keep clear rental property records 

Fines or reassessment 

Track every crypto transaction 

Capital gains underreported 

Declare all gig income 

Data-matching penalties 

Formalise Division 7A loans 

Deemed dividends 

Confirm CGT eligibility 

Loss of concession 

Pay SG on time 

Interest + penalties 

Comply with trust distribution rules 

Anti-avoidance reviews 

Lodge & pay on time 

Late fees + interest 


Conclusion

The ATO has made it clear — compliance is no longer optional, and ignorance is no longer an excuse. With enhanced data-matching, AI-powered audits, and targeted industry reviews, every detail in your return matters more than ever.


If you’re a business owner, investor, or high-income earner, now is the time to review your structures, records, and claims before lodging. Small mistakes can lead to costly reassessments, penalties, or audits down the line.



Source:

  • ATO Tax Compliance Focus: What You Need to Know, Oracleag website.

  • ATO Compliance – the Key Focus for Year End 2025, Tax Store website.

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