Interaction

Tax Update - September

Ever wonder what happens after the Government announces Tax Reforms in the May Budget? 

The Government releases Discussion Paperto allow the opinions of members of the public and its stakeholders to be considered.Once the discussion period is complete a Bill will be introduced into Parliament to be voted on. If the bill is passed it receives Royal Assent and becomes law.  In the last few weeks a number of Discussion Papers have been released. Here's the ones that we think are likely to impact you and should be considered as part of your future tax planning.

Business

  • Reduction of the company tax rate to 29 per cent from the 2013-14-income year, with small companies starting from the 2012-13-income year.
  • Replacement of the Entrepreneurs’ tax offset with a depreciation scheme allowing small businesses to immediately write-off assets valued at under $6,500 and the first $5,000 of a motor vehicle. 
  • Fringe Benefits Tax Introduction of one statutory rate (20 per cent) regardless of the number of kilometers travelled by a car.

Individuals

  • Increasing the tax-free threshold from $6,000 to $18,200 in 2012-13.
  • A standard personal tax deduction for work-related expenses of $500 for 2012-13, increasing to $1,000 for 2013-14 onwards. 
  • Introducing a 50 per cent tax discount on up to $500 of net interest income from 1 July 2012, increasing to $1,000 from 1 July 2013.

Superannuation

  • The $50,000 concessional superannuation contributions cap to remain post-1 July 2012 for over 50s with balances below $500,000.
  • Superannuation Guarantee will be increased to 12 per cent by 1 July 2019
  • A $500 government contribution to super will be introduced for low-income earners


   


Lisa Callaghan Wednesday, September 07, 2011
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July 2011 tax update

Following on from announcements made in the May Budget on changes to tax legislation a number of bills are at various stages on the path to becoming the law. We will keep you updated on the amendments that we think will impact you.


What's New?


Definition of "reportable employer superannuation contributions" will be revised to exclude employer contributions exceeding the compulsory 9% that the employee does not have any influence over because their employer is required under mandates to pay a higher percentage.  This amendment will have affect from 1 July 2009. If you think that this may affect you please contact us here.


The government is proposing a reporting regime for payments made to contractors in the building and construction industry. Businesses in the industry would be required to report payments for labour undertaken by contractors using an ABN annually to the ATO. It will be like the Annual Payment Summary you do for wages paid to employees. We think this legislation will be put in place to catch out tradies who do not declare the full amount of income they earn in their tax return. We will let you know from what date this will take affect.


Another proposal issued is for a tax offset to be provided to superfunds up to $500 on taxable contributions received for individuals who have an adjustable taxable income of less than $37,000. Basically if you a low incomer earner your superfund will not pay tax on contribution made by your employer. Proposed date of affect is 1 July 2012. Great news for those who need $ the most!!!


From 1 July 2011, the fuel tax credit rate for heavy road vehicles travelling on public roads is 15.043 cents per litre.


SMSF


The ATO is going tighten the rules on trustees of a SMSF investing in collectables and personal use assets like artwork, coins, jewelry, stamps and recreational boats. If your SMSF holds these types of assets – click here to read more on how this will affect you. 


Lisa Callaghan Wednesday, July 06, 2011
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June 2011 tax update

New tax legislation

From 1 July 2011 The ATO will have the ability to recover from the Directors of a company superannuation liabilities where the company fails to make superannuation contributions for employees. 

The ATO will also prevent Directors and associates of directors from obtaining credits for PAYG withheld amounts in their individual income tax returns where the company has failed to pay the withheld amounts to the ATO.

Medicare Levy low-income thresholds for individuals and families increased in line with CPI. Low-income threshold for pensioners also increased in line with low-income tax threshold. New rates to take effect for your 2011 income tax returns.

Small Business Concesssions

PAYG instalment rate to be reduced. 

  • Entrepenuers tax offset to be abolished. 
  • Purchase of motor vehicles from FY13 will result in the first $5000 to be written off balance to general small business pool. Long life assets pools to cancelled.

Don't forget to make sure you plan for your 2012 tax! 

Make sure your tax affairs are in good stead heading into the new year, review our 2011 year end tax tips, Interactive federal budget update, super essentials and Business planning tips. If you need more, simply click the chat box! 

Guy Pearson Friday, June 24, 2011
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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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