Interaction

2012 Budget Wrap-up

While The Budget has be heralded as a WIN for low to middle income earners it has been a loss for Business with the planned tax cut dropped. In a Budget that was very much geared towards the 2013 election, the revenue gained from the mining tax has been allocated to the low income families in a bid to ease the effect of the carbon tax on Australian families. The Budget scratched more provisions that were announced in the 2011 and 2010 Budget then announcing new spending cuts. Those new cuts were directed at Defence and Foreign Aid. Below is a summary of what changes I think may impact you.

Business

  • Reduction in company tax to 29% proposed for 1 July 2012 - SCRATCHED 
  • Small Business to be able to carry-back losses from July 1, 2012 
  • LAFHA crack-down 
  • Deduction not allowed for bad debt between related parties 
  • Tax concessions for Green Building - SCRATCHED 
  • GST compliance program extended for two years 
  • Green building tax offset- SCRATCHED

Individuals and Families

  • Tax-free threshold tripled to $18,200 so that the effective tax-free threshold once you have included the low-income tax offset is $20,542 
  • Non-residents tax rates adjusted to remove first first tier 
  • Tax rates will remain as legislated for the 2012/2013 financial year 
  • 50% discount on interest income - SCRATCHED 
  • Standard Deduction for work-related expenses - SCRATCHED 
  • Education Tax Offset replaces Schoolkids bonus for families eligible for FTB part A from 1 January 2012. $410 for primary school and $ 820 for secondary school 
  • Means testing for Net Medical Expenses Tax Offset 
  • Removal of 50% CGT discount for Non Residents For individuals earning over $300,000, super contribution will be taxed at 30% from 1 July 2012 
  • Superannuation concessional cap will be limited to $25,000 regardless of the person’s age

Small Business carry-back provision

From 1 July 2012 small businesses with a turnover of less than $2 million will be able to offset previous year’s profit (revenue only) against current losses of up to $1 million per year. This will provide a tax refund up to $300,000 per year but the refund is limited to the company’s franking account balance. So if a company has made a profit but paid it out a fully franked dividend no carry-back loss will be available.

Living Away from Home Allowance

New reforms from 1 July 2012 will limit access to employees who maintain a home for their own use in Australia, while they are living away from home for work for a maximum period of 1 year in any particular work location. The reforms will not affect ‘fly-in fly-out’ arrangements or the tax treatment of travel and meal allowances.

Lisa Callaghan Wednesday, May 09, 2012
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Budget 2011

Last night Treasurer Swann handed down his budget highlighting the expected financial results of the Australian Economy for the 2011 financial year and to present the governments proposed changes to it's projects and revenue streams for the 2012 financial year. 

Mr Swann has proposed to deliver the Australian Economy out of deficit by the 2013 financial year. Delivering the following results: 

  • 2011- a deficit in 2011 of $50bn
  • 2012 - a deficit $22.6bn 
  • 2013 - surplus $3.5bn

So what effect does that have on me? Well, the Australian government funds the majority of its operations through direct tax collection from businesses and individuals just like you. Now, for the full Government release, please click the following link:

The Official 2011 Budget Documents

Alternatively, we've provided a simple list of the changes that we think effect our clients in the SME & Investment entity category and associated individual tax payers. So without further ado, please see below:


  • Family Trusts and the distribution of passive income
  • Review of Rebates, (Child Care Rebate in particular)
  • Review of Negative Gearing on rental properties
  • Review of company cards and FBT to try and reduce Australia's carbon footprint
  • Government spending cuts & their tax implications
  • Superannuation - Contributions, Pension Payments & Excess Contributions

Interactive’s selected budget updates

Family Trusts and the distribution of passive income

There was no clarification of the expected taxation of trust and linked entities (eg. Company beneficiaries). However, the government has made the change to the Low Income Tax Offset for minors to effectively reduce the eligible tax free amount of distribution to a minor to $416 in each Financial year from July 1, 2011.  


Review of Tax Offsets (“rebates in the old language”)

  • Removal of the Low Income Tax Offset for minors who earn passive income > $416 from July 1, 2011.
  • Removal of the spouse rebate when your spouse is <40, is not working, without children and without disability.

Review of Negative Gearing

After much hype, there were no changes to negative gearing regime imposed by the government.


Review of FBT to reduce Australia’s carbon footprint

The government will phase in a flat rate for statutory method of FBT of 20% over the next 4 years on new contracts from 7.30pm 10th May, 2011. This has been reduced to discourage unnecessarily travelling more kilometres to achieve a tax benefit available with the current regime and provide a greener solution.

SME specific items

  • The Entrepreneurs Tax Offset has been removed from 1.7.11
  • The Depreciation on a new car in first year is increased by $5,000 in the first year accelerating the deduction. This additional benefit of $1,300 ($5k x ~30%) will not be realised until lodgement of your 2012 tax return.
  • Super Guarantee Charge (9% standard super) will from 1 July 2011 will now present a personal liability for Directors of companies where the employees super contributions are not paid within 3 months of the due date (28 days after the quarter end) with no grace period provided at this time for payment.  
  • New rules for payslips – from 1 July 2012 employers will need to provide the total cash payments made to super on employee payslips.
  • Company Tax Rate 29% - from 1 July 2012 for eligible small business entities (dependent on the country's financial results)

Superannuation

Superannuation Contribution thresholds for the 2012 financial year

  • Concessional Super Contributions thresholds will remain at $25,000 for those taxpayers <50 years of age.
  • Taxpayers >50 years of age will be able to contribute up to $50,000 in Concessional Super Contribution providing their member account balance (per member of Superfund) is under $500,000.
  • The additional $25,000 for >50 will not be indexed, only the base for all taxpayers of $25,000 will be indexed at intervals of $5,000. At present, there has been no indexation of this amount.

Pension payment rules for 1 July, 2011 and outlook for FY13

Please read the points below in conjunction with the ATOs guidelines on minimum pension payments.

  • There has been a increase in the minimum pension amount payable from 50% of the “normal” minimum pension payment to 75% of the “normal” minimum pension payment amount. This applies for the Financial Year commencing 1 July, 2011.
  • For the Financial year commencing 1 July, 2012, the minimum pension payment amount will revert to the “normal” rates.

Excess Contributions Penalties – A “minor” relief

A new option will be provided to avoid excess concessional contributions tax, for an excess of up to $10,000, on a once-only basis from 1 July, 2011. <Concessional contribution caps<


Conclusion

After much media hype, there’s been a reasonably conservative budget delivered.

The major point of interest will be whether or not the government blows out proposed expenditure items with natural disasters (let’s hope we don’t have any more!) and whether or not we are able to ride the commodity boom to a surplus in 2013…….?
Guy Pearson Wednesday, May 11, 2011
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Super Contributions - your requirements and the outlook for future years

Superannuation contributions are tricky - get it wrong and the ATO penalties to your SMSF are extreme - up to 93% tax in some instances!

In this article we’ll outline some of the superannuation contribution rules, and how to avoid the penalty regime.

Concessional v non-concessional

Contributions are concessional when someone receives a tax deduction for them - this will be an employer, or a self-employed member. This is counted towards the taxable income of your SMSF, and is taxed at 15%.  Concessional contributions are limited to $25,000 per year for under 50’s and $50,000 per year for over 50’s (until 2012).

The recent budget has determined that over 50’s concessional contribution limits will continue to be allowed at an additional $25,000 more than the under 50’s as long as the member’s super fund balance is under $500,000.

There is also a once only allowance by super funds to refund excess concessional contributions (up to $10,000) as taxable income to the member do not attract any tax within the super fund, nor is any tax deduction available for them.

The annual limit for non-concessional contributions is $150,000.  If you are under 65, you can “bring forward” up to 3 years’ worth of concessional contributions (up to $450,000 in one year).  Once you have triggered the bring forward rules (even if only by $1), non-concessional contribution limits are affected for the next 2 years.

It’s important to remember that the date of the contribution is the date it is received in the bank account - this can be an area of of danger with transactions that fall at year end.  Trustees also need to remember that a contribution can also take other forms, for example an in-specie transfer of shares, or an expense payment that is made on behalf of the SMSF.  If you’re maximising you cap limits, these transactions will invariably land you in excess contribution hot water.

The limits, and penalties for breaching them, are best explained in the following scenarios:


Year/Age

Contribution Type

Limit of Contribution Allowed

Scenario 1

Scenario 2

2011 aged 49 Concessional

Non-concessional

25,000


150,000

45,000


450,000



150,010

2012 aged 50 Concessional

Non-concessional

50,000


200,000

35,000



450,000

2013 aged 51 Concessional

Non-concessional

25,000


150,000

25,000


150,000


2014 aged 52 Concessional

Non-concessional

25,000


100,000



2015 aged 53 Concessional

Non-concessional

25,000


150,000




Scenario 1

We can see in scenario 1 that the member has exceeded the concessional contributions cap allowed for his age by $20,000 (in bold $45 - 25 = $20). The penalty for this breach is 31.5% or $6,300 (in addition to the taxable income tax of 15% $3,000).  

But wait, there’s more!

Excess concessional contributions are counted towards the non-concessional contribution limit.  In this case the member has used the full 3-year bring forward amount, so $20,000 is an excess concessional contribution.  Excess concessional contributions are taxed at  46.5% - there’s another $9,300.  How much change is left in your Super from your $20,000 excess contribution?  Just $1,400!  

In 2013 the member forgot about the bring-forward event in 2011.  All of this non-concessional contribution is excessive, and taxed at $69,750.  And no tax deduction has ever been claimed for that contribution.  Treasurer Swann will no doubt send the taxpayer a letter of thanks for their efforts in funding the government’s budget surplus goal.

Scenario 2

In scenario 2, the member just squeaked over the non-concessional contribution limit by a measly $10.  This is enough to trigger the bring-forward rules - meaning the balance of NC contributions for the next 2 years is $299,990.  

Unfortunately, even this inadvertant trigger means the 2012 NCC is excessive by $150,010, not just the inadvertant $10 amount that triggered the bring-forward rules in the first place - another $69,755 tax for an amount that was never deductible.

So, what’s the conclusion?

It is clear that, although the government are promoting self-funded retirement by generous tax concessions in super funds, the adverse tax penalties when the rules are breached are disastrous.

For advice on super contributions, or issues affecting you and your SMSF, feel free to contact me or any of the friendly team @ Interactive Accounting, via email or simply call us on 1300 102 606.
Guy Pearson Wednesday, May 11, 2011
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