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April 2020 Newsletter

JobKeeper Scheme

We are here to help you

Our team is committed to helping you ease the stress and burden, in short let us make it easy for you.

Here is what we currently know and for all these steps we will be providing you with authorities to enrol you in the system and templates to meet all your eligibility and record keeping requirements and help you determine your business eligibility

Decline in Turnover

Each individual entity has to test if their individual entity turnover did decline. If so, they then apply either the 30% or 50% test (that was determined by the Group Aggregated Turnover)

Aggregated turnover of all entities that are connected or affiliated with you is used for the purpose of determining if the decline in turnover % of 30% if turnover of the group is below $1b or 50% if over.

NFPs registered with ACNC are only 15%.

Comparing Turnover: Compare one of

  • GST turnover for March 2020 with March 2019
  • Projected GST turnover for April 2020 with April 2019
  • Projected GST turnover for quarter starting April 2020 with same quarter in 2019
  • Other (let’s discuss with you these alternative tests) https://www.icb.org.au/COVID-19/JobKeeper/Decline

Eligible Employees

You cannot claim for employees who

  • Were first employed by you after 1 March 2020
  • Left your employment before 1 March 2020
  • Have been, or have agreed to be, nominated by another employer

Remember: Employee can only receive JK payments or support through ONE employer. And the employee must agree to be nominated by you.

After you have worked out you and your employees are eligible

If you meet the eligibility criteria and want to start claiming the JobKeeper payment on behalf of your employees, you need to start paying them at least $1,500 per fortnight (before tax) and continue to pay them for as long as you keep claiming.

When do I have to pay?

For the first two fortnights (30 March – 12 April, 13 April – 26 April), the ATO will accept the minimum $1,500 payment for each fortnight has been paid by you even if it has been paid late, provided it is paid by you by 8 May. This means that you can make two fortnightly payments of at least $1,500 per fortnight before the end of April, or a combined payment of at least $3,000 before the end of April.

You cannot claim the JobKeeper payment on behalf of employees who were not paid at least $1,500 before tax during each JobKeeper payment period.

You cannot claim the JobKeeper payment in advance. The JobKeeper payment is a reimbursement from the ATO to an employer in arrears and cannot be paid in advance in any circumstances.

Employees who were stood down or on long term leave

Employees who have been stood down from work under the Fair Work Act without pay may still be eligible employees as long as they were in your employment and met the eligibility criteria on 1 March 2020.

You will need to have paid them at least the minimum amount of $1,500 for each fortnight you claim in order to receive the JobKeeper payment.

Employees who have been terminated

If you terminated an employee after 1 March 2020, you can re-engage them, and they will be eligible if they met the eligibility criteria on 1 March 2020.

If you want to claim the JobKeeper payment for employees you have re-engaged, you will need to:

  • confirm they want to be re-hired and participate in the JobKeeper scheme with you
  • re-engage the employees you want to claim for
  • start paying them a minimum of $1,500 (before tax) for each fortnight they are employed, and you claim for.

You will only be paid a JobKeeper payment for employees from the fortnight they were re-engaged. You cannot claim retrospectively for employees you re-engage.

You as an Employee or Business Participant for JobKeeper

If you are an employee of your business, then you will follow all the guidance as an employee and complete all paperwork necessary for eligibility and continue to pay yourself at least the $1500 (before tax) per fortnight.

If you are a self-employed, sole trader, partner in a partnership or trustee in a trust then it is not necessary that you pay yourself $1500 per fortnight.

We are able to assist you with all steps and processes involved in the JobKeeper scheme which includes the setup in your payroll system and the respective reporting to the ATO. We will also be in communication with you and your accountants to ensure a consistent and appropriate interactions and provision of service.

SG (Superannuation Guarantee) Amnesty – 6 Months Only

In 2017 the SG gap was $2.3b or a deficit of 4% of the total expected. Government policy is that SG must be paid. Government are providing an incentive for employers to bring their SG obligations into line

As of 10 March 2020:

  • Royal Assent granted 10 March. It is now law.
  • Amnesty applies until 7 September 2020. 100% penalty thereafter. No discretion.
  • We strongly recommend a full review of any late payments and that a form be lodged for any individual quarter that has a late payment
  • It is first about lodging forms, it is then about paying.
  • Late super payments will be deductible if paid before 7 September.
  • Payment Plans can be for longer periods but any payments after 7 September are not deductible.
  • There is a 6 month window in which to notify the ATO and pay outstanding SG.

* The amnesty relates to SG that is outstanding for periods up to the March 2018 quarter.

SG Amnesty during the COVID-19 – Unlikely the SG Amnesty period will be extended

This does not remove the benefits of having any applicable employers catch up their declarations of outstanding SG. If you lodge the SG Amnesty forms and enter a payment plan then No penalties and No admin fee ($20 per employee per quarter). If you don’t and get caught later then SG to be paid, at least 100% of the SG as a penalty and the admin fee.

Payment plans may be able to be entered with a delayed start date ie after the COVID-19 period. The impact of COVID-19 and the amnesty is that many businesses will not be able to pay the SG without a deferred payment plan and therefore will lose tax deductibility

In Short: Consider getting this done during the amnesty period until 7 September.

ATO Lodgement Dates

These dates are from the ATO website and do not take into account possible extensions.

You remain responsible for ensuring that the necessary information is with the ATO on time.

BAS/IAS Monthly Lodgements
Final dates for lodgements and payments:

March Activity Statement
21 April 2020

April Activity Statement
21 May 2020


BAS Quarterly Lodgements
Final dates for lodgements and payments:

3rd Quarter 2020 Financial Year:
March Quarter 2020 (incl. PAYGI)

28 April, 2020

4th Quarter 2020 Financial Year:
June Quarter 2020 (incl. PAYGI)

28 July, 2020

When a due date falls on a Saturday, Sunday or Public Holiday*, you can lodge or pay on the next business day.

*A day that is a public holiday for the whole of any state or territory in Australia.


Due date for super guarantee contributions:

3rd Quarter 2020 Financial Year:
January to March 2020 – contributions must be in the fund by 28 April, 2020

4th Quarter 2020 Financial Year:
April to June 2020 – contributions must be in the fund by 28 July, 2020

The super guarantee charge is not a tax deduction if not paid by these dates.

Refer to the ATO for details regarding any SGC charges applicable if not paid by due date.


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Covid-19 News

ATO Small Business Newsroom Updates

See the lastest from the Small Business Newsroom: https://www.ato.gov.au/newsroom/smallbusiness/?sbnews20200318

7 April 2020

From 28 April 2020, eligible businesses will receive a tax-free cash flow boost of between $20,000 and $100,000 through credits in the activity statement system when they lodge all relevant activity statements. This is to help during the economic downturn associated with COVID-19.

You do not need to apply for the cash flow boost. All you need to do is lodge your upcoming activity statements.

Make sure you lodge your March and quarter 3 activity statements ontheir due date and no earlier. This will ensure you receive the maximum refund available to you to assist with your cash flow.

If your business is eligible, the credit will be automatically applied – but not before 28 April 2020. You can view the eligibility criteria on our page Boosting cash flow for employers.

If you are lodging online through our Business Portal, remember you now need to log in using your myGovID. Set up your myGovID today, if you haven’t already.

Remember, registered tax agents and BAS agents can help you with your tax.

ATO Fact Sheets

Jobkeeper Payment: https://treasury.gov.au/sites/default/files/2020-04/Fact_sheet_supporting_businesses_2.pdf

Jobkeeper Payment Frequently Asked Questions: https://treasury.gov.au/sites/default/files/2020-04/JobKeeper_frequently_asked_questions_2.pdf

Income Support for individuals: https://treasury.gov.au/sites/default/files/2020-03/Fact_sheet-Income_Support_for_Individuals_0.pdf

Early Access to Superannuation: https://treasury.gov.au/sites/default/files/2020-03/Fact_sheet-Early_Access_to_Super_2.pdf

Cash flow Support for Small and Medium Businesses: https://treasury.gov.au/sites/default/files/2020-04/fact_sheet-boosting_cash_flow_for_employers.pdf

Summary of the Coronavirus relief measures in Australia

In Brief

  • The JobKeeper wage subsidy is the latest COVID-19 business support announced in Australia, available to businesses and sole traders that have suffered a big slump in revenue.
  • Banks are offering loan repayment deferrals and other support, and the ATO is open to payment deferrals and remitting interest and penalties on outstanding payments.
  • State and territory governments are deferring payroll tax payments and other fees.

Support from the federal government

As at 30 March 2020, Australia’s federal government has announced three rounds of financial measures to support the economy through the coronavirus pandemic. For SMEs there is a strong focus on providing assistance for maintaining and retaining employees over the next six months and stimulating business investment.

Support for individualsDates
Coronavirus supplement

$550 per fortnight payment.

Eligibility:
Payable to individuals in receipt of, or who become eligible for:
– JobSeeker Payments
– Youth Allowance JobSeeker Payments
– Parenting Payments
– Farm Household Allowance
– Special Benefits 
Payable over the next six months. This is in addition to the eligible income support already paid.       
Additional stimulus payment

$750 stimulus payment to eligible individuals.
This is in addition to an earlier $750 payment amount that was included in the first Stimulus Package announced on 12 March 2020.

Eligibility:
– Pensioners
– Social security recipients
– Veterans
– Concession card holders
– Other income support recipients 
Mid-April 2020 – first payment Mid-July 2020 – second payment

Note: The July 2020 second payment is not available to recipients of the Coronavirus Supplement.
Superannuation withdrawals

Impacted individuals will be allowed to withdraw up to $20,000 from their superannuation funds.

Eligibility:
– Unemployed people
– Those currently eligible for Job Seeker payments, Parenting Payments, a special benefit or Farm Household Allowance

Eligibility on or after 1 January 2020:
– An employed individual is made redundant
– Your working hours reduced by 20% or more
– You are a sole trader whose business has been suspended or there has been a reduction in turnover of at least 20%.
Between April and 30 June 2020, eligible people can access up to $10,000.

During the income year ending 30 June 2021, eligible people can access up to the remaining $10,000.

On or after 1 January 2020.      
Support for business and not-for-profitsDates
Employment support

JobKeeper wage support payment is a flat payment to employers of A$1500 per fortnight for six months for each employee. It is designed to keep staff in the business. (Employers will not have to pay the super guarantee levy on that amount.)

It can be claimed for staff that were on the books at 1 March 2020. Subsidy can be claimed for full-time and part-time employees, and for sole traders and casuals who have been with the employer for 12 months. (New Zealanders in Australia on 444 visas are eligible, but not other foreign workers on temporary visas.)

The self-employed and sole traders with NO employees can also claim the wage support if their revenue has dropped substantially. 

Eligibility
– Small and medium businesses and not-for-profits that have had a drop in revenue of 30% or more.
– The self-employed and sole traders that have had a drop in revenue of 30% or more.
– Businesses with annual turnover of A$1 billion or more that have had a drop in revenue of at least 50%.
– Charities registered with the Australian Charities and Not-for-profits Commission (ACNC) that have had a turnover decline of 15% or more. 
Early May 2020 – first payment due, but the amount will be backdated to 30 March 2020.

Administered through the ATO.           
This is in addition to tax-free payments to eligible businesses that employ people. The benefit is capped at A$100,000 with a minimum payment of A$20,000.

This measure is also available to not-for-profit organisations.

Eligibility:
– Businesses and not-for-profits with aggregated annual turnovers under A$50M
– Businesses and not-for-profits who need to employ workers
– Businesses must be active eligible employers that hold an ABN as at 12 March 2020.

NB: An integrity rule applies designed to deny payments where artificial or contrived arrangements are implemented for the dominant purpose of accessing or increasing these payments. General interest charges may also apply to such payments received and later denied.
The payments will be equal to the lesser of 100% of the PAYG withheld on the employee’s salary and wages or A$50,000 for both the year ended 30 June 2020 and the next financial year from 1 July 2020 to 30 September 2020. As already noted, a minimum payment of A$20,000 applies under this measure for eligible parties.

The payments will be provided by the ATO as a credit via the quarterly or monthly Activity Statements as follows:

– Quarterly lodgers – March 20 and June 20 quarter BAS

– Monthly lodgers – March 20, April 20, May 20, June 20 Activity statements
The bulk of the 2020 financial year entitlement is paid in the earlier March 20 quarter BAS.

NB: Eligible businesses that are not required to withhold tax from employees’ salary and wages will receive a minimum payment of A$20,000 – 50% or A$10,000 is paid in the March 20 quarter. The other 50% is paid as A$5000 in June 20 quarter and A$5,000 in September 20 quarter.
Instant asset write-off

Eligible businesses will be able to deduct in full the cost of acquiring eligible assets costing less than A$150,000 (on a “per asset basis”).

Eligibility:
– All businesses with aggregated turnover of less than
A$500M until 30 June 2020
– Assets can be new or used
Assets need to be installed ready for use or first used before 30 June 2020.

Deduction claimed in the businesses 2020 Financial Year Income Tax Return.    
Business investment allowance

Eligible businesses will be allowed to claim a business investment allowance comprising the normal depreciation permitted on the asset item and a bonus 50% depreciation deduction.

Eligibility:
– All businesses with aggregated turnover of less than
A$500M
– New assets only
No limit to the cost of acquiring the individual asset
Only for assets acquired after 12 March 2020.

Assets need to be installed ready for use or first used on or before 30 June 2021.     
Insolvency and directors’ personal liability relief

A raft of measures designed to provide extended protection to financially distressed businesses arising from the economic impacts of the COVID-19 health crisis. These include:

– A temporary increase in the threshold for a creditor to initiate bankruptcy proceedings
– A temporary increase in the threshold (from A$2000 to
A$20,000) that creditors can issue a statutory demand
– A temporary increase in the time the debtor has to respond to both statutory demands and to initiated bankruptcy proceedings
– Temporary relief for directors of companies from any personal liability for trading while insolvent
These measures extend the debtor response periods to six months (previously 21 days).They provide time extension and increased $ trigger points to protect and shield impacted businesses and company directors from any Insolvency and personal liability actions.     

Support from the Queensland government

The QLD government has announced the following business assistance measures.

$950 million payroll tax relief
Immediate payroll tax refunds will be provided for
COVID-19 affected businesses. Eligible businesses
can also apply for deferral until the end of 2020 and
a payroll tax holiday for 3 months.
Small and medium businesses
All small and medium businesses (annual payrolls of
$6.5 million or less) in Queensland will be eligible for:
• a two-month refund of payroll tax, giving
an average of nearly $9,000 cash
• a three-month payroll tax holiday, saving an
average of $13,360
• deferral of all payroll tax payments for the
rest of 2020.
Larger businesses
Larger businesses (annual payrolls over $6.5 million)
affected by COVID-19 will be eligible for the two-month
payroll tax refund and have their deferral extended for
all of 2020.
All this means no Queensland business impacted
by COVID-19 will have to make a payroll tax payment
in 2020.

$500 million worker
retraining and assistance
Up to $500 million will be spent to assist workers who
lose their job or income with retraining, job-matching
and other help to transition into jobs in the industries
that are vital to get Queensland through this crisis – such
as health care, agriculture, food production, transport,
cleaning and mining. This support will have a strong focus
on online training to help workers and small businesses
make that transition. Businesses that need access to
skilled labour to meet demand will also receive assistance
under this initiative.


$500 million COVID-19
jobs support loans

A loan facility of at least $500 million, interest free for the
first 12 months, is being created to support Queensland
businesses impacted by COVID-19 to retain employees
and maintain operations.
The concessional loan facility comprises low interest
loans of up to $250,000 for carry on finance with an
initial 12-month interest free period for businesses to
retain staff. Any eligible business can apply for a loan.

$1 billion Industry
Support Package

The Industry Support Package will assist large businesses
through this period to ensure they will be able to scale
up and service the community when economic activity
improves. The package will be focussed to support
businesses:
• which make a significant contribution
to Queensland
• that employ people in Queensland at scale
• which are significant in a regional context
• that can make a key contribution to a rapid response
by the economy as conditions improve
• which are significantly impacted as a result
of COVID-19
• to leverage current support measures and those
available from other jurisdictions

$100 million electricity bill
relief for small and medium
businesses

Sole traders, small and medium businesses will get
a $500 rebate on their power bill. Any business
consuming less than 100,000 kilowatt hours will
receive the rebate, which will be automatically
applied on business electricity bills.

Other support
Other support that businesses may be eligible
for includes:
Fee waivers for tourism businesses
Waiver of a range of fees, charges and levies to support
tourism operators to continue to operate. Includes
application and liquor licencing fees for businesses
impacted by enforced shutdowns, registration renewal
fees for Inbound Tour Operators, rebates on marina
charges and passenger levies, and deferral of tourism
lease rent payments.
Supply chains support
For manufacturers and businesses having difficulties
accessing supplies to continue to operate, employ and
meet customer needs, we are identifying alternative
suppliers of Queensland manufactured goods and
services which are vital for businesses.
Trading hours
Businesses that mainly sell food or groceries can open
for longer to enable people to obtain essential groceries.
Government premises rent relief
Six months relief for businesses renting government
premises.
Financial resilience counselling and webinars
SMEs can access financial counsellors to get a better
understanding of their financial position and viability and
gain assistance in developing and implementing plans
to improve their financial situation. TAFE Queensland is
also offering webinars to help businesses identify risks,
build financial skills and plan to mitigate the impact of
COVID-19.
Mentoring and one-on-one support
The Mentoring for Growth program has mentors ready to
provide tailored support to impacted small businesses,
including financial mentoring and business planning.
Businesses can also access information and one-on-one
support by calling the Small Business Hotline on
1300 654 687 or completing the online survey at www.business.qld.gov.au

ATO assistance during COVID-19

The

Australian Taxation Office (ATO) will provide support to taxpayers affected by COVID-19.

For individuals and businesses that may be having financial difficulties due to the current business conditions, the ATO is providing assistance in the form of payment deferrals, tax variations, interest and penalty remissions, etc as follows:

1. Payment deferrals

If you have been impacted by COVID-19, the ATO has undertaken to work with taxpayers and their tax agent to facilitate deferral of a range of tax payments, including tax instalments, FBT, GST, etc.

2. PAYG (Pay-as-you-go) instalment variations

The ATO is loosening the rules regarding variations. Businesses that vary their PAYG instalment rate or amount for the March 2020 quarter can also claim a refund for any instalments made for the earlier September 2019 and December 2019 quarters.

3. Remitting interest and penalties charged

Where you or your business is affected by COVID-19, the ATO will consider remitting interest and penalties incurred after 23 January 2020 that have been applied to tax liabilities that remain unpaid during this disruptive period.

4. GST payments

The ATO is easing the ability for businesses to change their reporting cycle (between quarterly and monthly) in order to enhance their cash flow with respect to either receiving BAS refunds sooner or deferring BAS payments to a later date.

5. Superannuation guarantee payments

The ATO has advised that employers still need to meet their superannuation guarantee obligations, and that the ATO cannot vary the contribution date or waive the superannuation guarantee charge where super guarantee payments are late or unpaid

Banking sector support

The Australian government, Reserve Bank of Australia and Australian Prudential Regulation Authority are working with Australia’s large banks to facilitate the flow of credit. The following are some of the key measures as they primarily apply to SMEs:

1. SME Guarantee scheme

  • Eligible lenders will provide unsecured working capital loans up to a maximum of A$250,000
  • The Australian government will guarantee 50% of the loan issued by the eligible lenders
  • The loans will be for periods up to three years with an initial six-month repayment holiday
  • Application periods run from early April 2020 to 30 September 2020
  • Proposed drawdown facility with interest only paid on the amount drawn down
  • Simpler and faster application processes
  • Loans subject to lenders’ credit assessment process, with consideration made for business disruption associated with COVID-19

2. Reducing the cost of credit

The Reserve Bank of Australia has introduced a number of measures into finance and credit markets designed to put downward pressure on borrowing costs for both households and businesses. These measures have facilitated the ability of major lenders to provide most (if not all) the following credit concessions:

  • Interest rate reductions for both small businesses and households
  • Additional interest rate reductions on SME business loans, most commencing during March 2020
  • Relief from fees for Merchant Facility customers that are either facing financial hardship or seek to temporarily suspend a facility until they recommence trading or wish to permanently close the facility

3. Loan repayment deferrals

The introduced measures noted above have also assisted with the provision of loan repayment deferrals as follows:

  • Defer loan repayments (principal and interest) for up to six months for both SMEs and home loan customers
  • Pause business credit card repayments for up to six months
  • Commercial landlords with loans up to A$10M can delay loan repayments for up to six months on the condition that they do not evict tenants or terminate a lease due to rent arrears during that six months.

Please note that your respective lender should be contacted with the specific concessions being provided which may include others not noted above.

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March 2020 Newsletter

ATO New Record Keeping Resources

Early in 2019, the ATO invited members of the Small Business Stewardship Group (SBSG) to participate in a consultation activity about several issues regarding the structure and content of the ATO website. This included a new business record keeping resource developed for their website. The Record keeping for business resource is now live.

The resource provides a central source of information, covering the core record-keeping requirements for businesses to meet their tax, super and employer obligations. The ATO has identified common record-keeping problem areas to deliver the following improvements:

  • centralised information to make it quicker and easier to find what you need, all in one place
  • expanded, updated and comprehensive information about what is required and how to get it right
  • simplified information to make it easier to understand it and apply it to your situation.

Record keeping continues to be a very important focus area for ATO’s work with businesses.

Businesses are legally required to keep records of all transactions relating to tax and superannuation affairs as you start, run, sell, change or close your business, specifically:

  • any documents related to your business’s income and expenses
  • any documents containing details of any election, choice, estimate, determination or calculation you make for your business’s tax and super affairs, including how (basis or method) the estimate, determination or calculation was made.

To meet record-keeping requirements and avoid common errors, ensure you understand what records are needed for your own business and make accurate and complete record-keeping practices a part of your daily business activities. As business changes or grows, you may need to review what records you need to keep.

There can be legal and financial consequences if your business doesn’t comply with these record-keeping requirements.

SBSCH uses myGovID

Any business that uses the Governments Small Business Superannuation Clearing House directly will NOT be able to use Auskey after 27 March 2020.

Auskey is ceasing on 27th March.

Business will have to:

  1. Have the authorised person of the business establish their myGovID
  2. Then link the business through the Relationship Authorisation Manager to the Authorised Person
  3. Then (if applicable)
    1. Have any person who needs to use the Clearing House establish their myGovID
    1. Invite the individual who processes the Super to attach to the business using their myGovID
  4. When logging into the Business Portal or the Clearing house the individual will
    1. Launch the Portal / Clearing house from their Internet Browser
    1. Choose myGovID as the login system
    1. Accept the code on their myGovID app on their phone
    1. Use the Portal / Clearing house on the browser as per normal

NOTE: This does not mean you have to use your phone to process the Super Payments. You are using the phone as a 2FA (two factor authentication) device system. The Internet Browser applications etc are still run from your computer.

This does not mean any data nor is your identity details stored on your phone. The only thing on your phone is the app and its connection to the security system.

myGovID is a persons personal digital identity – it is controlled by the individual.

A Business invites individuals to use myGovID to access various programs or websites.

Many businesses are providing a device ($99 phone) for use in the workplace with just the myGovID app utilising Wi-Fi as the means to enabling employees to perform the necessary work without having constant access to their private phone.

Australia goes Digital

As Australia continues its journey to being a digitally enabled economy, cyber security and personal identity protection are important. Government has established the Digitial Identity Framework with myGovID being the first system to enable enhanced security.

ATO Lodgement Dates

These dates are from the ATO website and do not take into account possible extensions.

You remain responsible for ensuring that the necessary information is with the ATO on time.

BAS/IAS Monthly Lodgements
Final dates for lodgements and payments:

February Activity Statement
21 March 2020

March Activity Statement
21 April 2020


BAS Quarterly Lodgements
Final dates for lodgements and payments:

3rd Quarter 2020 Financial Year:
March Quarter 2020 (incl. PAYGI)

28 April, 2020

4th Quarter 2020 Financial Year:
June Quarter 2020 (incl. PAYGI)

28 July, 2020

When a due date falls on a Saturday, Sunday or Public Holiday*, you can lodge or pay on the next business day.

*A day that is a public holiday for the whole of any state or territory in Australia.


Due date for super guarantee contributions:

3rd Quarter 2020 Financial Year:
January to March 2020 – contributions must be in the fund by 28 April, 2020

4th Quarter 2020 Financial Year:
April to June 2020 – contributions must be in the fund by 28 July, 2020

The super guarantee charge is not a tax deduction if not paid by these dates.

Refer to the ATO for details regarding any SGC charges applicable if not paid by due date.


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February 2020 Newsletter

Correcting Activity Statements

Correcting is not making an adjustment!

Correcting an error or mistake is about fixing an amount that was incorrect when lodged, typically due to transposition error, misclassification or double counting.

Adjustments are to items that were correct at the time but where something has changed the GST.

When and How to “Fix”

Fix on the next BAS when:

  • An adjustment occurs due to another transaction (returned goods, price change, etc.)
  • A credit error (you previously overpaid) – must be within 4 years and 1 day from the date the original BAS was lodged
  • A debit error (you underpaid) – for business with turnover less than $20m, and where the aggregated amounts of all adjustments is less than $10,000, they have 18 months from the due date of the original Activity Statement; for others 12 months. For companies with more than $20m turnover, the aggregated value of adjustments must be considered on a scale starting at $20,000.

You have to go back and revise the lodged BAS if:

  • The time limits have expired, or value limits above are exceeded
  • There is a 4 year limit on payment of refunds
  • The revision of past statements is required so that appropriate interest would be calculated and then paid as a result of underpayments.

Lodging the Revision

Using the Online Services for Agents, select the “Revise” link when reviewing the list of lodgment “History”.

*Lodgment software may also allow the lodgment of adjustments.

Please speak to us if your Activity Statements need adjustments

FWO Challenges Payments to Contractors

The Fair Work Ombudsman recently instigated court action which challenged whether the worker was a Contractor or an Employee – FWO believe they are employees and the persons were underpaid.

A purchaser should ensure they are paying enough

A developing perspective being applied to all businesses is:
that when you are purchasing services, the amount you are paying to your supplier has to be at least what would allow the persons providing the service to receive a minimum wage.

Example:

A supermarket business, contracts with another business to provide people to collect trolleys, the supermarket must ensure they are paying the supplying business an amount that would cover at least minimum wage and any applicable award entitlements (including leave and overtime amounts) the trolley collecting person is entitled to receive. The supermarket cannot turn a blind eye to any underpayment of the intermediary business.

Contractors should not be paid less than employees

In the case where a transport company (Boske Road Transport) was paying individuals (who were engaged as contractors) less than they would have received had they been employees, FWO alleges that the drivers were underpaid as they were in fact employees covered by the Road Transport and Distribution Award 2010, and for one worker in relation to a period of long-distance work, the Road Transport (Long Distance Operations) Award 2010.

It is alleged three of the workers were underpaid hourly overtime rates and public holiday rates, and not paid for any annual or personal leave. The long-distance driver, who had the largest alleged underpayment, was also allegedly underpaid through failures to pay for loading and unloading duties and to meet a cents-per-kilometre entitlement.

As a general principle, this cannot be right.

Were they employees?

The Employee vs Contractor laws have 6 factors which together determine whether a person is to be treated as an employee or a contract for the different obligations: PAYG Withholding, Superannuation, Fair Work Award application.

  1. Control – who really determines how, when and where a task is to be performed
  2. Integration – are they really an integral part of the business
  3. Results – is the basis of the engagement purely payment for time or to produce a result
  4. Delegation – can the worker delegate the task to another person
  5. Terms of engagement – how was the engagement established
  6. Risk – who pays for corrections

No one test determines the relationship and not all tests are necessary for a definite conclusion as to the status of the engagement.

Not all contractor relationships are “sham-contractors”

The Boske Road Transport case

Fair Work is challenging the company on the basis that the individuals are employees.

If they are then the law definitely applies the award and minimum payment applies.

Increasingly individuals who are contracted themselves or through another entity will still have to be paid at least what they would have been paid if they were employed directly. Another application of the “Better-Off Overall” Test.

ATO Lodgement Dates

These dates are from the ATO website and do not take into account possible extensions.

You remain responsible for ensuring that the necessary information is with the ATO on time.

BAS/IAS Monthly Lodgements
Final dates for lodgements and payments:

January Activity Statement
21 February 2020

February Activity Statement
21 March 2020


BAS Quarterly Lodgements
Final dates for lodgements and payments:

2nd Quarter 2020 Financial Year:
December Quarter 2019 (incl. PAYGI)

28 February, 2020

3rd Quarter 2020 Financial Year:
March Quarter 2020 (incl. PAYGI)

28 April, 2020

When a due date falls on a Saturday, Sunday or Public Holiday*, you can lodge or pay on the next business day.

*A day that is a public holiday for the whole of any state or territory in Australia.


Due date for super guarantee contributions:

2nd Quarter 2020 Financial Year:
October to December 2019 – contributions must be in the fund by 28 January, 2020

3rd Quarter 2020 Financial Year:
January to March 2020 – contributions must be in the fund by 28 April, 2020

The super guarantee charge is not a tax deduction if not paid by these dates.

Refer to the ATO for details regarding any SGC charges applicable if not paid by due date.


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January 2020 Newsletter

New Gift Card Laws – Expiry Dates

The new laws apply to all gift cards and vouchers sold from 1 November 2019 onwards. Any gift card sold before 1 November 2019 date will continue to carry the same expiry period and fees as applicable at the time of purchase. The key changes of the new gift card laws are:

  • a mandatory minimum three year expiry period from the date the card is sold to a customer
  • gift cards must clearly show the expiry date
  • most post purchase fees can no longer be charged, including activation fees, account keeping fees and balance enquiry fees

The new law applies to all gift cards or vouchers sold on or after 1 November 2019, unless specifically excluded. This includes gift cards for online stores that trade in Australia.

The three year requirement does not apply to gift cards that are:

  • able to be reloaded or topped up
  • for a good or service available for a limited time where the card or voucher expires at the end of that period
  • supplied to a purchaser of goods or services as part of a temporary marketing promotion
  • donated free of charge for promotional purposes
  • sold for a particular good or service at a genuine discount
  • supplied as part of an employee rewards program
  • given as a bonus in connection with a purchase of a good or service for use in the same business (customer loyalty programs)
  • second-hand gift cards

If you breach the laws you could be fined $30,000 in the case of a body corporate or $6,000 for individuals.

Bushfires 2019–20 – From Australian Tax Office

Support is available for you (click here for further information)

If you’ve been impacted by these bushfires, we don’t want you to be concerned about your tax affairs.

For identified impacted postcodes, we’ll automatically grant deferrals for lodgments and payments due. You, or your agent, don’t need to apply for these deferrals.

If you have been affected by this disaster but your postcode is not currently in the identified impacted postcodes list, you don’t need to worry. When you’re ready and if you need assistance, phone our Emergency Support Infoline on 1800 806 218 for help.

To help you we can, for example:

  • give you extra time to pay your debt or lodge tax forms such as activity statements
  • help you find your lost tax file number (TFN) by using methods to verify your identity such as your date of birth, address and bank account details
  • re-issue income tax returns, activity statements and notices of assessment
  • help you re-construct tax records that are lost or damaged
  • fast track any refunds owed
  • set up a payment plan tailored to your individual circumstances including interest-free period
  • remit penalties or interest charged during the time you have been affected

Super Compliance in 2020

Background context

Single Touch Payroll reporting means that the ATO is now able to see:

  • Which employers are not reporting
  • Which employers are not accruing Super, or not accruing correctly
  • Which employers are not paying Super (the super funds report all payments received)

The ATO as regulator of Superannuation Guarantee now has the means to be proactive in chasing employer compliance. Government has a priority – the adherence to Superannuation requirements.

We might get an amnesty period for getting Super Guarantee up to date.

The ATO discretion to reduce penalties will be diminished thereafter.

An employer must lodge the SGC forms if super is late or missing. Late payment does not stop the penalties accruing. The paperwork must be done.

The proposed Superannuation Guarantee Amnesty is not yet law!

The Bill is currently being considered by Parliament for the second time.
It is before the Senate and likely to be considered in February 2020 (politics dependant).

The ATO says not to wait for the Amnesty law

“We understand some employers may be ‘holding off’ lodging an SGC statement in anticipation of the amnesty,” Mr. O’Halloran (ATO Deputy Commissioner – Employer Obligations) said.

“We advise them not to do this as the law requires them to lodge the SGC; if they hold off and they’re notified we’re examining their affairs, they won’t be eligible for the amnesty; and if they lodge now and the law is passed, in its current form it is retrospective.”

Meaning that if employers lodge SGC forms as they are required to and:

  1. The amnesty becomes law, then the ATO will go back and remove the penalties; or
  2. If the amnesty doesn’t become law, then the penalties will be applied anyway, and the ATO will be applying all compliance elements of the law.

Action Required

Contact us to find out what is required if you have outstanding superannuation guarantee lodgements/payments.

ATO Lodgement Dates

These dates are from the ATO website and do not take into account possible extensions.

You remain responsible for ensuring that the necessary information is with the ATO on time.

BAS/IAS Monthly Lodgements
Final dates for lodgements and payments:

December Activity Statement
21 January 2020

January Activity Statement
21 February 2020


BAS Quarterly Lodgements
Final dates for lodgements and payments:

2nd Quarter 2020 Financial Year:
December Quarter 2019 (incl. PAYGI)

28 February, 2020

3rd Quarter 2020 Financial Year:
March Quarter 2020 (incl. PAYGI)

28 April, 2020

When a due date falls on a Saturday, Sunday or Public Holiday*, you can lodge or pay on the next business day.

*A day that is a public holiday for the whole of any state or territory in Australia.


Due date for super guarantee contributions:

2nd Quarter 2020 Financial Year:
October to December 2019 – contributions must be in the fund by 28 January, 2020

3rd Quarter 2020 Financial Year:
January to March 2020 – contributions must be in the fund by 28 April, 2020

The super guarantee charge is not a tax deduction if not paid by these dates.

Refer to the ATO for details regarding any SGC charges applicable if not paid by due date.


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December 2019 Newsletter

Christmas Related matters – Christmas Gifts for your Clients and Employees

Are gifts to your employees, clients and suppliers claimable as a business expense? Gifts to employees may be classified as an exempt Fringe benefit, and are therefore not claimable, nor subject to Fringe Benefits Tax (FBT).

If the gift is a minor benefit (i.e., less than $300 value), then the gift is not tax deductible, and therefore GST is not claimable for gifts to employees and their family members. No FBT applies to gifts of less than $300.

For gifts over $300, FBT may apply for employees and their family members, but FBT does not apply to clients or suppliers. You must then consider the deductibility of Entertainment rules.

Gifts to clients or suppliers such as a holiday, membership to a club, or tickets to a theatre, sporting or musical event are considered to be entertainment and are therefore not deductible.

Christmas parties held on your premises are exempt from FBT – as a minor exempt benefit – if the costs are less than $300 per head. If held outside your premises then it is also exempt from FBT. When exempt, there is no tax deduction, and there are no GST credits.

Tax Exempt entities have slightly different application of FBT to entertainment-related expenses.

Giving your clients a gift at Christmas is a personal choice that you as the business owner can make. Be aware that some clients may not be allowed to accept gifts due to their business’s Code of Conduct (e.g., government workers).

We remind you that the topic of entertainment, tax deductibility and fringe benefits tax is complex and not always straight forward and may require the guidance of your tax agent.

The ATO Explains the New SG Law with Salary Sacrificing Super

From 1 January 2020, salary sacrificed super contributions cannot be used
to reduce your super guarantee obligations, regardless of the amount your
employee elects to salary sacrifice. This means for the purposes of super
guarantee (SG), the salary sacrificed amount will not count towards your super guarantee obligations.

In addition, the amount of super you are required to pay, to avoid the super guarantee charge will be 9.5% of the employee’s ordinary time earnings (OTE) base. The employee’s OTE base is the sum of the employee’s OTE and any sacrificed OTE amounts.

Read the full ATO resource here

(or download as a PDF)

Christmas Related matters – Public Holidays

Public Holidays

Public holidays form part of the National Employment Standards (NES) that every employer is bound by. In addition to the NES, employees are governed by an award or registered agreement or another legal instrument. The NES allows an employee to be absent from work on a public holiday and to be paid for it. An employer may reasonably request an employee to work on the public holiday, but the employee has a right to refuse the request.

Public Holidays Worked

If the employee works on a public holiday, they should be paid public holiday penalty rates or provided with an acceptable alternative. Awards and agreements differ in the treatment of working on public holidays. Some awards state that a worked public holiday must be paid accordingly. Others allow for substitution of another day off in lieu of the public holiday.

An employer may not coerce an employee into substituting a day in lieu if the employee wishes to be paid penalty rates. If an employee normally works overtime on a day of the week that a public holiday falls on, the employee is only due to be paid ordinary hours for that day. They would not be due to be paid the overtime they have missed out on.

Public holidays during leave

Public holidays that fall during a period of paid leave are always paid as normal work days; they should not be taken as annual leave days. If an employee usually works a given number of ordinary hours and overtime hours, then they will be paid only for the ordinary hours on a public holiday, they will not be paid for the usual overtime hours. If a public holiday falls during a period of agreed unpaid leave, the public holiday is not paid.

Public Holidays Worked Interstate

If an employee is required to work interstate on a day that would be a public holiday in their usual state of employment, this must be recognised as a worked public holiday, even if the state being visited is not observing the same public holiday.

Can you ask an Employee to Work on a Public Holiday?

An employer may request an employee to work on a public holiday if it “reasonable”, and an employee may refuse a request if it is “reasonable” according to Fair Work.

Factors to consider:

  • The nature of the employer’s business and operations
  • The nature of the work performed by the employee and the basis of employment
  • The employee’s personal circumstances and family responsibilities
  • The amount of notice given to the employee in requesting them to work the public holiday and/or the notice given by the employee of refusal to work
  • Any agreements in place that reflect an expectation of working on public holidays
  • Costs to the business and negative impacts on efficiency
  • Productivity and customer service
  • Capability of other existing staff
  • General practicality of accommodating the request

Paydays on Public Holidays

You will need to consult the relevant award to see if there is particular provision for this scenario. In most cases, if payday falls on a public holiday then payment can be made on the next business day. The Fair Work Act is silent on this issue. If the day the employee will receive the wages is going to be later than usual, best practice is to notify the employees in writing well in advance.

ATO Lodgement Dates

These dates are from the ATO website and do not take into account possible extensions.

You remain responsible for ensuring that the necessary information is with the ATO on time.

BAS/IAS Monthly Lodgements
Final dates for lodgements and payments:

November Activity Statement
21 December 2019

December Activity Statement
21 January 2020


BAS Quarterly Lodgements
Final dates for lodgements and payments:

2nd Quarter 2020 Financial Year:
December Quarter 2019 (incl. PAYGI)

28 February, 2020

3rd Quarter 2020 Financial Year:
March Quarter 2020 (incl. PAYGI)

28 April, 2020

When a due date falls on a Saturday, Sunday or Public Holiday*, you can lodge or pay on the next business day.

*A day that is a public holiday for the whole of any state or territory in Australia.


Due date for super guarantee contributions:

2nd Quarter 2020 Financial Year:
October to December 2019 – contributions must be in the fund by 28 January, 2020

3rd Quarter 2020 Financial Year:
January to March 2020 – contributions must be in the fund by 28 April, 2020

The super guarantee charge is not a tax deduction if not paid by these dates.

Refer to the ATO for details regarding any SGC charges applicable if not paid by due date.


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November 2019 Newsletter

Business and Personal Health, Wellbeing and Development

Having a mentally healthy workplace is important. Everyday pressures, unexpected life circumstances, stress, depression or anxiety can have a negative impact on your quality of life and ability to run your business. This can affect the people who are involved with your business including employees, contractors, partners and clients.

Your mental health is important, so it’s good to learn how to recognise warning signs or ‘red flags’ that may suggest you need to reach out for support.

Common warning signs include:

  • finding it hard to concentrate
  • avoiding necessary day-to-day tasks and obligations
  • feeling irritable, stressed or teary
  • constantly thinking of work, even during personal time
  • being unable to sleep
  • disconnecting from friends and family
  • changing eating and/or drinking habits.

The ATO understand these circumstances can affect meeting your tax and super obligations. If you’re having difficulty paying your tax, the ATO encourage you to contact them as early as possible. You can speak with them directly, or ask someone to speak with them on your behalf.

The ATO want to work with you to solve the problem before the situation escalates; it’s never too late to speak with them.

Find out about help and support available:

Changes to public holiday substitution rules

An employer and an employee can now agree to substitute the day off from work
due to a proclaimed public holiday or part-days for another day or part-day.

An employer must not exert undue influence or pressure on an employee in
relation to agreeing to substitute a public holiday for another day or part-day.

Is Uber a Taxi?

Yes but No!

The Current Law says – No an Uber is NOT a Taxi

ATO position on ride-sourcing and the FBT taxi travel exemption

We recently confirmed our existing view that the taxi travel exemption from FBT does not extend to ride-sourcing vehicles like Uber. Ride-sourcing vehicles do not meet this taxi travel exemption even though the Federal Court in Uber BV v Commissioner of Taxation [2017] FCA 110 confirmed that use of a ride-sourcing vehicle counts as ‘taxi travel’ for GST purposes.

This is because, for FBT purposes, the taxi travel exemption is only available to trips in a ‘taxi’, which the FBT law defines as a ‘motor vehicle that is licensed to operate as a taxi’. Ride-sourcing vehicles do not have such a license. For more information, read the ATO’s FBT Guide for Employers.

Impact of this position on FBT and the use of ride-sourcing vehicles

The taxi travel exemption most commonly arises when an employer provides their employee the use of a taxi for a private purpose (such as a trip home from work when an employee is unwell). If an employer instead offers the use of a ride-sourcing vehicle for these purposes, they may incur a liability for FBT.

However, if an employer pays for their employee to use a ride-sourcing vehicle for work purposes, such as transport between two workplaces, they will not have an FBT liability if the expenditure would be deductible by the employee.

Further, if an employer pays for an employee’s travel in a ride-source vehicle only once or twice a year on an ad hoc basis, and the value of the benefit is less than $300, then such travel may be exempt from FBT as a minor benefit.

New Law as proposed to Parliament says Yes

Treasury has released an exposure draft of a Miscellaneous Amendments Bill for community feedback by 27 September 2019. The exposure draft proposes to make amendments to the Fringe Benefits Tax Assessment Act 1986 in relation to the FBT taxi travel exemption.

According to the draft explanatory memorandum, these amendments propose to replace references to a ‘taxi’ with ‘a car used for taxi travel (other than a limousine)’. It notes that this change is ‘a result of ride sharing providers entering into the market, making it difficult to administer the current meaning of ‘licensed to operate as a taxi’
The term ‘taxi travel’ is proposed to be defined as having the same meaning as in the GST legislation.

So what do we do now?

Current law says you must record uber like trips from work to home separately from taxi trips because the FBT treatment is different.

The consultation on the proposed law change concludes 27 September and will then be considered by Parliament.

ATO Lodgement Dates

These dates are from the ATO website and do not take into account possible extensions.

You remain responsible for ensuring that the necessary information is with the ATO on time.

BAS/IAS Monthly Lodgements
Final dates for lodgements and payments:

October Activity Statement
21 November 2019

November Activity Statement
21 December 2019


BAS Quarterly Lodgements
Final dates for lodgements and payments:

2nd Quarter 2020 Financial Year:
December Quarter 2019 (incl. PAYGI)

28 February, 2020

3rd Quarter 2020 Financial Year:
March Quarter 2020 (incl. PAYGI)

28 April, 2020

When a due date falls on a Saturday, Sunday or Public Holiday*, you can lodge or pay on the next business day.

*A day that is a public holiday for the whole of any state or territory in Australia.


Due date for super guarantee contributions:

2nd Quarter 2020 Financial Year:
October to December 2019 – contributions must be in the fund by 28 January, 2020

3rd Quarter 2020 Financial Year:
January to March 2020 – contributions must be in the fund by 28 April, 2020

The super guarantee charge is not a tax deduction if not paid by these dates.

Refer to the ATO for details regarding any SGC charges applicable if not paid by due date.


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October 2019 Newsletter

Super Amnesty Might Be Back

The Assistant Minister for Superannuation et al, Senator Hume, has introduced legislation into Parliament to bring the Super Guarantee Amnesty back to life.

Important Facts

1. It is not law yet. It is in its own piece of legislation – i.e. it is not bundled with any other issues or changes – so it may have a better chance of being passed.

2. The Amnesty period will extend for any SG admitted to the commissioner up until 6 months after the law is given Royal Assent, so you have to get to the commissioner before they start any action against the employer, and do so within 6 months of the start date.

Employers will not be off the hook – to use the amnesty, they must still pay all that is owing to their employees, including interest. However, the amnesty will encourage employers to come forward and pay outstanding superannuation, by not hitting them with the penalties usually associated with late payment.

Importantly, employers who do not take advantage of the one-off amnesty will face significantly higher penalties when they are subsequently caught – typically employers will face a minimum 100 per cent penalty on top of the SG Charge they owe. The SG Charge includes the full amount of SG owed to employees, interest on the SG owed of 10 per cent, and an administration fee.

Super Guarantee disclosures to the ATO after 24 May 2018 up until the 6 month expiry (yet to be determined) should be subject to the Amnesty.

You can disclose historic Super Guarantee shortfall since 1/7/1992, but only up until the Jan–Mar 2018 Quarter. Any SG not paid for later quarters are not eligible for the Amnesty.

3. It is about disclosure of the outstanding Super on SGC forms. Payments can then be made, or arranged subject to a payment plan.

4. Employers must get the Superannuation Guarantee up to date, and then stay compliant. The proposed Amnesty allows history to be cleaned up with fewer penalties. Whether the Amnesty becomes law or not, the ATO as regulator will be chasing employers; they are seeing more information about Super. After the proposed Amnesty, we expect there will be little compassion, and the law doesn’t allow remission of all the penalties.

Summary

We anticipate it will be enacted, but don’t count your amnesty before it’s hatched (not like that last time).

All SG since Jan 2018 is not subject to the amnesty, so this should be brought into line anyway. Penalties and loss of tax deduction will still apply.

Older SG; we recommend you bring it into line by making the disclosures ASAP to the Commissioner using the SGC system. If the Amnesty becomes law, then fewer penalties will apply, and the payments will be tax deductible.

ATO Compliance follow up – STP told them you aren’t paying your Super

The ATO have already conducted early trial programs around analysing the employer’s super accrual amounts reports and comparing that to the amounts paid into superfunds.

The ATO is about to commence a further program of the next 4000 employers that have been identified as having potential issues with the accrual and payment of Super.

It is the larger employers and it is the bigger issues. This program will become more streamlined and all employers should assume that their data is going to be checked and eventually issues will be followed up.

Personal Leave Accrual Case goes to High Court

Personal Leave Should be Accrued Pro-rata

We are very pleased to hear that the Federal Court Decision in the Mondelez v AMWU & Ors case is going to be appealed.

Both the employer and the Attorney-General for Australia have indicated major concerns with the interpretation, and the potential impact of the application of the law as indicated in the current decision.

There is significant information that indicates personal leave should be accrued in the same manner that it has been since the introduction of the Fair Work Act; i.e. a full time worker of 36 hours per week would be entitled to 10 days of full time (72 hours) of personal leave per year. Part time workers would accrue leave on a pro-rata basis. A shift worker working 3 days of 12 hour shifts would be entitled to personal leave equating to the same amount as “otherwise worked” – i.e. over a 10 day period they would have worked 6 × 12 hours (72 hours) – and should therefore also accrue 72 hours of personal leave per year.

Impact

ICB advises employers and our members not to change current practice.

Comment

We believe the Fair Work Ombudsman will now need to revert their website and advice to adhere to the same practice prior to the Federal Court decision until the appeal process has been decided.

Case Background

On 21 August 2019, the Full Federal Court of Australia handed down a decision regarding the accrual of personal leave for full time shift workers. The decision deals with the method of accruing and taking paid personal/carer’s leave for the purposes of the National Employment Standards under the Fair Work Act 2009.

Full-time workers are entitled to 10 working days personal leave under the National Employment Standards. The debate surrounds workers who work longer shifts, and have more actual days not working during the week. Confusion surrounds the calculation of personal leave in hours vs working days. The Fair Work Ombudsman has advised the following:

“For every day of personal/carer’s leave taken, an employer deducts a day from the employee’s accrued leave balance. If an employee takes a part-day of leave, then an equivalent part-day is deducted from the employee’s accrued leave balance.”

Fair Work has made a few comments in reaction to the case, and have also updated their information page regarding personal leave accrual. Details of the case ruling can be found here.

Note: ICB believes that the Fair Work Ombudsman website has been adjusted prior to the decision being finalised, and thus employers should not alter previous practices (as described below).

ICB Recommendation

ICB recommends employers continue to accrue a liability for personal leave based on the amount that a worker would have “otherwise been working” on that day.

For example:

  1. A part-time worker who works 3 days, 5 hours a day each week, would accrue 6 days of 5 hours of personal leave over a year – i.e. what they would have worked over a standard 10 days of “work time” – they would have worked 6 out of those 10, and for 5 hours per day. When they took personal leave for a day that they would have been working, they would be paid the same as if they were otherwise working (i.e. 5 hours).
  2. If a worker works 3 days of 12 hour shifts per week, then they would accrue 6 days of 12 hours. If they take personal leave on a day they would be working, then they get paid for 12 hours.
  3. If a worker works 5 days of 7.6 hours, then they would accrue 10 days of 7.6 hours. If they take personal leave on a day then they would be paid 7.6 hours.

This pro-rata leave attribution mathematically works in payroll by accruing personal leave at a rate related to the hours they work; i.e. nothing changes in payroll just yet..

ATO Lodgement Dates

These dates are from the ATO website and do not take into account possible extensions.

You remain responsible for ensuring that the necessary information is with the ATO on time.

BAS/IAS Monthly Lodgements
Final dates for lodgements and payments:

September Activity Statement
21 October 2019

October Activity Statement
21 November 2019


BAS Quarterly Lodgements
Final dates for lodgements and payments:

1st Quarter 2020 Financial Year:
September Quarter 2019 (incl. PAYGI)

28 October, 2019

When a due date falls on a Saturday, Sunday or Public Holiday*, you can lodge or pay on the next business day.

*A day that is a public holiday for the whole of any state or territory in Australia.


Due date for super guarantee contributions:

1st Quarter 2020 Financial Year:
July to September 2019 – contributions must be in the fund by 28 October, 2019

The super guarantee charge is not a tax deduction if not paid by these dates.

Refer to the ATO for details regarding any SGC charges applicable if not paid by due date.


Single Touch Payroll Deadline
Have you started reporting your payroll through STP? Deadline for small employers is 30th September, 2019.

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September 2019 Newsletter

Restrictions on use of cash bill in exposure draft stage

Currency (Restrictions on the Use of Cash) Bill 2019

The community has been given opportunity to engage in conjecture and comment in regard to a very important piece of legislation. The bill addresses cash handling and payment rules, specifically whether high value payments are able to be made in cash. The new bill proposes a number of penalties for accepting payment in excess of $10,000 in cash. While the call for consultation ended on the 12th of August you are still able to ask questions via the provided email address.

Quick Facts

Rationale: The introduction of an economy-wide cash payment limit is a recommendation from the Black Economy Taskforce and sends a strong signal to the community that it is not acceptable to avoid tax and other obligations by paying with cash.

Start date: 1 January 2020 and for certain AUSTRAC reporting entities from 1 January 2021.

What transactions are covered by the cash payment limit?

The limit applies to all cash transactions equal to or in excess of $10,000, except for those that meet the conditions specified in the draft Currency (Restrictions on the Use of Cash—Excepted Transactions) Instrument 2019.

What are examples of exempt transactions?

All cash deposits and withdrawals from your bank account with an authorised deposit-taking institution (ADI), exchanging foreign currency and all consumer to consumer transactions such as selling a second-hand car but excluding real property transactions.

Are there any new reporting requirements?

This will not impose additional reporting requirements on businesses and consumers.


What happens if you break the limit?

From 1 January 2020 it will be a criminal offence to make or accept a payment from businesses that includes $10,000 or more of cash. It is also offence to make or accept a cash donation equal to or in excess of $10,000. The maximum penalty is up to two years imprisonment and/or 120 penalty units ($25,200).

How does the cash payment limit apply to payment plans?

The cash payment limit will apply to the total price of a single supply of goods or services, regardless of whether the price is split into a series of payments over time.

The total cash payments made towards the final price paid must not equal to or exceed $10,000. The remainder of the payments must be made electronically or by cheque.

Email your questions to [email protected]

New Fair Work Information Statement

In line with the increase to the national minimum award rates as set from 1 July 2019, the Fair Work Information Statement has been updated. Always ensure that you’re using the most up to date statement for both you and your clients.

Single Touch Payroll Penalties

Single Touch Payroll (STP) has certainly given bookkeepers and their clients a lot to think about, and we all can appreciate that the ATO has taken a measured and considered approach to its implementation. But we all know that this approach was going to change once businesses were given sufficient time to prepare for the STP implementation phase. Going forward the expectation of the ATO will quite rightly shift to an oversight model that acknowledges the complex nature of STP implementation for small business but also assigns appropriate penalties for those who don’t comply with the new reporting requirements.

The ATO have informally advised that they aren’t looking to directly pursue and impose penalties for small and closely held entities for the next 12 months to allow them time to settle into the new reporting regime. However, ICB strongly recommends that all small businesses are reporting by the current 30th September 2019 deadline. Small and closely held entities not reporting by the current deadline may benefit from an exemption term upon application and thus avoid the risk of attracting penalties, noting that this term will be ending on the 30 June 2021. Concessions for larger employers no longer apply.

The ATO penalty documentation now lists that failure to lodge STP reports is a failure to lodge event. A failure to lodge penalty is calculated at a rate of $210 dollars per 28 day interval of lateness or part thereof. This is capped at 5 penalty units. Companies with turnover between $1-20 million will see this penalty multiplied by two ($420). Large companies with turnover in excess of $20 million will see their penalty multiplied by 500 ($105,000).

These recent changes to the ATO’s penalty documentation are available for your review at the link provided below. The ATO penalty documentation, per the ATO website indicates that each penalty event will result in a $210 penalty assignment, while the cap levels were outlined by Acting Director Amanda Lehmann at a recent ATO presentation. Ms Lehmann noted that only a minute number of letters have been sent to large firms neither lodging or applying for deferral.

Clearly it’s in everyone’s best interests, to ensure STP compliance. If you do need to apply for STP lodgement deferrals, please contact us.

ATO Lodgement Dates

These dates are from the ATO website and do not take into account possible extensions.

You remain responsible for ensuring that the necessary information is with us in time.

BAS/IAS Monthly Lodgements
Final dates for lodgements and payments:

August Activity Statement
21 September 2019

September Activity Statement
21 October 2019


BAS Quarterly Lodgements
Final dates for lodgements and payments:

1st Quarter 2020 Financial Year:
September Quarter 2019 (incl. PAYGI)

28 October, 2019

When a due date falls on a Saturday, Sunday or Public Holiday*, you can lodge or pay on the next business day.

*A day that is a public holiday for the whole of any state or territory in Australia.


Due date for super guarantee contributions:

1st Quarter 2020 Financial Year:
July to September 2019 – contributions must be in the fund by 28 October, 2019

The super guarantee charge is not a tax deduction if not paid by these dates.

Refer to the ATO for details regarding any SGC charges applicable if not paid by due date.


Single Touch Payroll Deadline
Have you started reporting your payroll through STP? Deadline for small employers is 30th September, 2019.

No Comments

August 2019 Newsletter

Fair Work Priorities for 2019–2020

Fair Work Ombudsman (FWO) Sandra Parker has announced the FWO priorities for 2019–20

Key themes (ICB extract)

a stronger approach to enforcement
strong message of deterrence to would-be lawbreakers

Priorities

  • Fast food, restaurants and cafes
  • Horticulture and the harvest trail
  • supply chain risks (ie where the subcontractor to the contract is underpaying)
  • Franchisors
  • Sham contracting (where they really should be an employee but the contract means less pay)

Areas of concern that are highlighted
for clients and bookkeepers

  • FWO can force the provision of payroll records if there is a problem
  • Payroll records must be kept and must be kept correctly.
    “falsifying or failing to keep records will not be tolerated”
  • FWO will chase and enforce and seek penalties on employers who do not do what they were told by FWO
  • Simply backpaying people for underpayment is not enough

In 2018–19 the FWO conducted over 2,500 audits. So far in 2019 they have issued 176 compliance notices. The anonymous report tool has received 10,000 tip-offs about the hospitality industry.

Other comments

Staff turnover rates are at a ten year high of around 18%.
Half of younger workers leave their employment each year.

Small and medium business employ around 70% of all workers.

Single Touch Payroll – Hot Issues

Employers should embrace STP before 30 September 2019 – There is a General Deferral until then for Small Employers

From 30 September the ATO will begin chasing employers to get the onboard

ATO are following up of all large employers who have not commenced reporting through STP (including government departments).  There is less than 10% of large employers who are not yet reporting and only 5% (approx 3500) who are not subject to a known deferral.

Closely held employees do not have to be reported until 30 June 2020 but you may if you can.

To find out what is required to update your software, please call us.

There are lots of employers … , no doubt, who do the right thing if it’s clear what they need to do. Luckily, the tools are there on our website to help them.

End of Year Bookkeeping for TPAR

The TPAR informs the ATO about payments that are made to contractors for providing services.
Industries required to report TPAR for 2019 are listed in the below table.

Contractors can include subcontractors, consultants and independent contractors.
They can be operating as sole traders (individuals), companies, partnerships or trusts.

The ATO uses this information to identify contractors who haven’t met their tax obligations.

The Taxable Payments Annual Reporting scheme for contractors applies to the industries as per below:

Affected Industries by Year
2013 2017 2019 2020
Building and Construction Government Grants Courier ServicesCleaning Services Road FreightIT ServicesSecurity Services

What Has to be Reported?

A TPAR report requires the business to outline:

  • the contractor’s name (that appears on the invoice the contractor provided)
  • the contractor’s Australian Business Number (ABN)
  • the contractor’s address (if known)
  • the total amount paid or credited to the contractor over the income year
  • the amount of any Goods and Services Tax (GST)

“The payment can be in whole or in part for the supply of these services. This means that payments that are only for the supply of goods and materials or salary and wages for employees are not reportable under the new rule.”

ICB feels that most of this information is already captured in the day-to-day bookkeeping processes in the accounting file. It may just mean that clients/bookkeepers need to be more diligent in capturing ABNs for suppliers and flagging those suppliers or employees (if a voluntary agreement is in place) that are reportable and assigning the payments into a separate account on the chart of accounts.

Who Can Report?

Tax Agents and BAS Agents can advise, prepare, and lodge the Taxable Payments Annual Report. Business owners can also prepare and lodge the report. The bookkeeper can assist the owner to prepare the report but may not lodge the report directly.

Reconcile TPAR to Subcontractor’s Expense Account

Recommend comparing the total value of subcontractor’s expense to the TPAR report.

You may find a small difference which may be a result of

  • Goods only invoices
  • Voluntary Withholding
  • Supplier invoice not paid
  • Supplier invoice not coded to subcontractors’ expense

Prepare and Lodge TPAR

The form must be lodged either electronically or via the ATO paper form.

To lodge the Taxable Payments Annual Report using electronic transfer, you need to create an electronic annual report data file using accounting software.

Note: You cannot lodge the following media forms: spreadsheets, CD ROM, DVD, USB, floppy or zip disk.

Electronic Lodgement Options

  1. Business Portal (client uses their own AUSkey)
  2. ATO Online Services for Agents using the File Transfer/Lodge File option.

TPAR Lodgement Due Date

TPAR lodgement date is 28 August each year.

Paper Form

If you want to lodge a paper form, you must complete and send the Taxable Payments Annual Report to the ATO.

Note: You must use this form; you cannot create your own form.

TPAR – Nil Report

For the 2019 lodgement year you are required to lodge Nil report if in:

  • Businesses providing building and construction services that:
    • Are no longer primarily in the building and construction industry, or
    • Didn’t pay contractors for building and construction services.
  • A Government entity that:
    • Is a federal, state or territory government entity, and didn’t make payments to an entity wholly or partly for providing services, and didn’t pay grants to people or organisations that have an ABN, or
    • Is a local government entity, and didn’t make payments to an entity wholly or partly for providing services.

Amending a TPAR

If you need to amend a Taxable Payments Annual Report, please contact us to assist you in the process.

ATO Lodgement Dates

These dates are from the ATO website and do not take into account possible extensions.

You remain responsible for ensuring that the necessary information is with us in time.

BAS/IAS Monthly Lodgements
Final dates for lodgements and payments:

July Activity Statement
21 August 2019

August Activity Statement
21 September 2019


BAS Quarterly Lodgements
Final dates for lodgements and payments:

4th Quarter 2019 Financial Year:
June Quarter 2019 (incl. PAYGI)

28 July, 2019

When a due date falls on a Saturday, Sunday or Public Holiday*, you can lodge or pay on the next business day.

*A day that is a public holiday for the whole of any state or territory in Australia.


Due date for super guarantee contributions:

4th Quarter 2019 Financial Year:
April to June 2019 – contributions must be in the fund by 28 July, 2019

The super guarantee charge is not a tax deduction if not paid by these dates.

Refer to the ATO for details regarding any SGC charges applicable if not paid by due date.


End of Year Payroll
Payment Summaries must be:
 • supplied to employees by 14 July, 2019
 • due to the ATO by 14 August, 2019

Single Touch Payroll
Finalisation by 31 July 2019


Payroll Tax End of Year Return is due by 21 July 2019. As this date is a Sunday, the return is due by the next Monday 22 July 2019

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