SMSF

SMSFs Are On The Rise – But Why?

by Advice

Compulsory superannuation for employers was introduced in 1991.  Since then, the pool of funds in Super has been growing steadily bigger and of June 2022 there was $3.3 trillion invested in Super.

Of this pool, the Self Managed Super Fund sector makes up a significant portion.  As at June 2022, there were 601,432 SMSFs in Australia with a total of 1.1 million members. This represents less than 5% of the population, but they have $869 billion in assets, or about 26% of the total invested in Super.

We had seen inquiries about Self Managed Super drop over the past decade due to increased regulation and potential legal and investing complexities. However, there has been renewed interest in the last couple of years from an increasingly younger demographic.

This is highlighted by recent ATO data which shows about 44 per cent of savers starting an SMSF are aged under 45 years, with about one-third of new members aged between 35 and 45 years.  With the growth in their super balances, this younger cohort are starting to realise there is real money involved and they want to have greater control.

Compulsory super contributions of at least 11 per cent are contributing to sizeable balances after about a decade of work and increasing awareness of retirement wealth and investing compared to earlier generations.

This group is growing much richer than earlier generations as they become middle-aged, particularly for couples who pool their investment savings.  They are looking to use a self-managed superannuation fund for their retirement savings while adding to a separate portfolio of assets outside of super when investment opportunities arise.

We think SMSFs are great investment vehicles with their significant tax advantages.  There are strict rules in place for running them and they are not for everyone.

Here are some pros and cons:

PROS

  • Better flexibility and control with an SMSF
  • Reduced costs for larger SMSF funds
  • Greater access to investment options
  • The tax benefits of SMSFs
  • You can share a SMSF fund with family members
  • Flexible estate planning

CONS

  • Duties & responsibilities of being a trustee
  • Can be time consuming
  • Financial & legal risk in SMSF decision making
  • SMSFs aren’t eligible for government compensation schemes
  • Additional expenses in low value funds
  • Living overseas can affect your SMSF

If you like to know more about SMSFs and what they can offer, give us a call.  We cannot advise on whether they are right or wrong for your personal situation, but we can give you the low down so you can make an informed decision.

Super-death-tax

Super Problems After Death

by Advice

It’s vital to think about what happens to your super when you die.  Few Australians realise the government will come for their superannuation savings when they die. The recently bereaved find themselves holding a massive surprise bill to the government because their parents or partners didn’t know they needed to plan for death to avoid tax.

The first thing to realise is that Superannuation is treated differently in law from the rest of a person’s assets, and you need to think about it separately.

Contrary to popular belief, your Will does not determine who is to receive your superannuation in the event you were to pass away.

Unless you provide your superfund with a binding death benefit nomination, the trustee of your super fund will decide who receives your super in the event of your death, which will be based on your relationships and eligible superannuation dependents at the time of your death.

A binding death benefit nomination for your Superannuation dictates to the Trustee who you would like your super to be paid to if you pass away.   The binding nature of this type of nomination leaves your super fund with no discretion. That is, they must pay your remaining super balance exactly as stated in your nomination.

A couple of things to watch out for:

  1. Make sure you sign a binding, as opposed to non-binding nomination, because that way the fund trustees will have to comply with it.
  2. Think about signing a non-lapsing binding nomination as it will last until you change it. The lapsing variety expires after three years. 

Who Can My Super Be Paid to?

If you die, your superannuation can only be paid to a limited number of people. These types of people are defined as dependants under superannuation legislation.

Specifically, a superannuation dependant includes:

  • Your spouse or de facto spouse
  • Your child of any age
  • A person who was in an interdependency relationship with you at the time of your death

An interdependency relationship is defined as a close personal relationship between two people who live together, where one or both of you provide financial, domestic or personal support to the other.

If you do not have any superannuation dependants, or would like your superannuation to be paid to someone who is not a superannuation dependant, you will need to nominate for your super to be paid to your Legal Personal Representative / Estate. This way, your superannuation is then combined with all of your personal assets and distributed in accordance with your Will. 

Super death payments and tax

Super money left directly to dependents via a nomination or a decision by trustees is not taxed.

Dependents, according to the Australian Taxation Office, include children under 18, current and ex spouses and de factos, and others you have been financially supporting.

Children under 25 who are students or dependents are also not taxed on super death payments.

Grandchildren are not considered dependents unless there is some special circumstance like disability.

As a generalisation, for anyone who is not a dependent (this includes adult children), the ATO will take 15 per cent of the payout plus the Medicare levy, effectively making it 17 per cent.

There are extra complications here.

There are taxable and tax-free components to superannuation. Taxable components relate to concessional super contributions entering the fund.  That means any money put in the fund through super guarantee payments made by your boss, salary sacrifice or personal concessional taxable contributions that were only taxed at 15 per cent on the way in.

Those taxable contributions and the earnings on those contributions will be taxed at 17 per cent when paid to a non-dependent.

If the deceased was a public sector employee, then potentially the contributions could be taxed at 32%.

What avoids the tax?

Non-taxable contributions include any payments you made to your fund that did not have a tax deduction attached. These include non-concessional one-off payments including downsizer contributions made on the sale of the family home.

These are not taxed on the way out of super because the ATO considers you must have paid tax on the money before you put it in.

If your super is made up of concessional and non-concessional payments your fund will have a record of how much of your balance is in both categories so look at your annual statement for details.

Earnings in the fund are allocated to concessional and non-concessional payments, according to the ratio of both balance types.

Re-contribution strategy

If you are approaching retirement, you can look at a withdrawal and re-contribution strategy.  The fund member withdraws the maximum yearly amount and immediately deposits it again as a contribution. By consistently withdrawing funds from both components and re-depositing them, retirees can slowly alter the ratio of their super fund and leave less of a tax obligation for any nominated beneficiary.

I know all this can be very confusing, so don’t hesitate to reach out to us if you wish to know more.

A8-Group-1

Introduction Of Deduction For Skills Training & Technology Costs

by Advice

120% deduction for skills training & technology costs

This was originally announced in 2022 budget by the Morrison Government. It has been adopted by the current Government and on the 21st June 2023, the legislation to allow these measures was finally passed.

Technology Investment Boost

The Technology Investment Boost is a 120% tax deduction for expenditure incurred on business expenses and depreciating assets that support digital adoption, such as portable payment devices, cyber security systems, or subscriptions to cloud-based services. 

The boost is capped at $100,000 per income year with a maximum deduction of $20,000. 

The $20,000 bonus deduction is not paid to the business in cash but is used to offset against the assessable income. If the company is in a loss position, then the bonus deduction would increase the tax loss. The cash value to the business of the bonus deduction will depend on whether it generates a taxable profit or loss during the relevant year and the rate of tax that applies. 

Skills and Training Boost

The Skills and Training boost is a 120% tax deduction for expenditure incurred on external training courses provided to employees. This incentive will not apply to sole traders and independent contractors. 

External training courses will need to be provided to employees in Australia or online and delivered by training organisations registered in Australia. 

The training must be necessarily incurred in carrying on a business for the purpose of gaining or producing income. That is, there needs to be a nexus between the training provided and how the business produces its income. 

Note that the additional deduction relating to the 2021/22 financial year is to be claimed in the 2023 tax returns.  

If you require further information on any of these measures, please do not hesitate to contact our office on (07) 3367 3366.

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Changes for Business From 1 July, 2023

by Advice

From 1st July 2023, there are a number of key changes to come into effect which will impact your business and employees.

SUPER GUARANTEE RATE RISE 

Don’t forget that the super guarantee rate increases to 11% from 1 July 2023. 

This means you need to calculate super contributions at 11% for your eligible workers for payments of salary and wages you make from this date. 

Your super contributions for the current quarter (ending 30 June, due by 28 July 2023) are still calculated at the 10.5% rate for payments of salary and wages made prior to 1 July.  

WAGES GO UP 

Wage increases kick in on 1 July, following a ruling from the Fair Work Commission. 

For employees who aren’t covered by an award, the minimum wage will go up from 1 July to $882.80 per week, or $23.23 per hour, and will apply from the first full pay period starting on or after 1 July 2023. 

For employees covered by an award, minimum award wages will increase by 5.75%, also applying to the first full pay period starting on or after 1 July 2023.  

PAID PARENTAL LEAVE CHANGES 

From 1 July, amendments to the Paid Parental Leave Scheme will come into effect.  

Notably, the Dad and Partner Pay (DAPP) scheme, which currently provides up to two weeks of paid leave, will now be combined with the 18-week paid parental leave scheme. This means eligible parent couples or single parents can share their 20 weeks of leave – aimed at greater gender equity in parental caring responsibilities. 

There are other changes, too, such as the whole 20 weeks of leave of instalments can be received flexibly in multiple blocks within 24 months of the child’s birth or adoption date, removing the previous requirement of 12 weeks in one continuous period. 

Also, note that employees now have greater rights to request an additional 12 months of leave (24 in total) – and employers need to show reasonable business grounds on which to refuse.

DOMESTIC VIOLENCE LEAVE INTRODUCED 

This entitlement has been in place since 1 February 2023 for employers with 15 or more employees.  For smaller employers who employ less than 15 employees, this entitlement will operate from 1 August 2023. 

Employees will be entitled to 10 days of paid family and domestic violence leave (FDVL) per year.  

Paid family and domestic violence leave is quite a sensitive topic, and there need to be procedures in place – for everything from how the HR or manager handles requests to the privacy issues around how it gets recorded on a pay slip.  

PENSION AGE AND ELIGIBILITY INCREASES 

For those businesses employing older Australians, it’s worth noting that from 1 July, the pension age will be raised to 67 for those born on or after 1 January 1957. 

Not only that but asset and income eligibility tests will also be revamped, which means singles can earn $204 a fortnight and couples $360 a fortnight, before losing their full pension.  

ENERGY BILL RELIEF ON ITS WAY 

With soaring power bills contributing significantly to business operating costs, $650 in bill relief is on its way from July for small businesses. 

To be eligible, your business must be on a separately metered business tariff with your electricity retailer and your annual consumption must be less than 100MWh.  If you run a business from home, you probably won’t qualify. 

You don’t need to do anything. If you are eligible, you will receive bill relief on your electricity bills from 1 July 2023.  

Note these are Queensland numbers.  There are different thresholds and bill relief for each state. 

If you require further information on any of these measures, please do not hesitate to contact our office on (07) 3367 3366.

Tax-Refund-3

8 Ways To Max Your Tax Refund

by Advice

The end of the financial year is now less than 3 weeks away.  It’s time to make sure your house is in order by targeting tax breaks, trimming loss-makers and invigorating wealth-creating strategies.

The following are eight strategies that can help you get the max from your tax return.

1. Get organised and claim what you are entitled to

The tax office is a big fan of paperwork to back up any claims you make.  We are seeing increased audit activity by the ATO so it is vital you have the receipts and proof to back up any claims you make in your tax return.  You don’t need to keep piles of paper receipts.  The ATO is happy with unedited scanned copies.  Just remember to save your documents for the five years that the ATO requires.

2. Work expenses

If you spent money in the process of making money, a whole range of work-related costs can be claimed on tax – everything from sunscreen for outdoor workers to the cost of laundering professional uniforms.

Transport costs are one of the most popular travel tax deductions. Generally, work-related travel in your car or on public transport is claimable with the exception of travel from home to work (and vice versa).
Other expenses you may be able to claim for are:

  • Clothing and laundry expenses of uniforms that are distinct to your job and company
  • Protective clothing and certain accessories for specific employees
  • Self-education expenses, including home office costs
  • Tools and equipment purchase and other related expenses
  • Fees of books and periodicals, as well as digital information and subscriptions.

You can only claim a deduction if they are related to your job. A course that helps you be better for your current duties can be claimed. However, one that may aid you in getting a promotion or another job cannot be claimed.

If you’re unsure, just check with us or the Tax Office website for a virtual A-Z of expenses that are tax deductible.

3. Claim your work from home expenses

In February this year, the ATO changed the way you can claim deductions for costs incurred when working from home.  Firstly, they have revised the fixed rate method and what is covered by that rate. Then they increased the compliance obligations.

With these changes, we believe most clients will be better off claiming work from home expenses based on the actual costs incurred, rather than the cents per hour method. This is because the new fixed rate of 67 cents per hour now absorbs some tax deductions that you used to claim separately.

This method involves claiming the actual work-related portion of all running expenses. To claim this method, you must have an area set aside as a dedicated home office.

Compliance obligations include keeping detailed records for all the working from home expenses being claimed, including:

  • All receipts, bills and other similar documents to show you have incurred the expenses you want to claim.
  • A record of how you have calculated the work-related and private portion of the expenses (for example, a diary or similar document kept for a representative 4-week period to show the usual pattern of work-related use of a depreciating asset such as a laptop).

If you want to use the cents per hour method, then from 1 March 2023 you need to keep a record of the actual hours you worked from home.  Estimates or the 4-week representative log book will not be accepted.

4. Make strategic use of Super (and boost your retirement savings)

It used to be a case of ‘use it or lose it’. If you couldn’t contribute the maximum annual concessional (before-tax) contribution amount to your superannuation, the opportunity was lost.

However, from the 2019/20 year, if your super balance was below $500,000 at the previous June 30, you can use “catch-up” provisions to “legitimately breach” the annual limit.  From 1 July 2018, the ‘unused’ amount of your annual cap can be carried forward for the next five financial years.  After five years, that unused amount will expire.

Given that Superfunds are generally taxed at 15%, if you are on the top tax rate, these additional contributions can save up to 32% in personal income tax.

If you want to take advantage of this but are unsure of the catch up amounts available, we can quickly get this information from the Tax Office portal.

5. Cut capital gains

If you have a capital gain this year that is going to be taxable, then consider realising capital losses to offset against the gains.

To offset a loss against a gain, both must be realised.  This means you must sell both before 30 June to reduce your tax bill.

This is a chance to re-align your investment portfolio to be in line with the portfolio objectives, but also take the opportunity to potentially clean out any poorer performers and manage capital gains and losses.

6. Trust distributions

In recent years, it seems the ATO has decided they really don’t like Trusts.  Albeit they are a legitimate vehicle for transferring and managing wealth. One area that is getting focus lately is the need to complete a trustee resolution before June 30.

Failure to do so means the trustee could be assessed on the trust’s taxable income at the highest marginal tax rate.

Activ8 will be in touch with all our clients within the next week to follow up on this issue.

7. Instant Asset Write Off

If you’re a business that is looking to purchase an asset with a value greater than $20,000, ideally do it before 30 June. You will be able to claim 100% of its cost in FY23.  Note the asset needs to be installed and ready to use before 30 June to get the deduction.  If purchased after 30 June, then these assets will be added into a small business simplified depreciation pool and depreciated at 15% in the first year and 30% each year thereafter.

8. Make donations

Tax time is when the feel-good factor of charitable giving can really kick in. Donations of $2 or more to registered charities are tax deductible.

You’ll need a receipt for large gifts but if you’ve handed some loose change to a street collector you can still claim the donation without a receipt as long as it’s less than $10. Don’t forget to include donations for any workplace giving programs you are part of.

If you want to discuss any of the initiatives referred to above, or if you need help getting your taxes ready or coming up with a plan, don’t hesitate to reach out to Joanna or myself. We’d love to chat.

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2023 Budget – What It Means For You and Small Businesses

by Advice

The 2023 Federal Budget was very underwhelming tax-wise with the primary focus being measures aimed at lowering the cost of living or improving welfare.

This budget is a first-term government setting the tone to win a second and third term.  It’s not a big spending budget and the government is banking a lot of the tax windfall it will receive over the next 4 years.  The numbers are a bit rubbery, but it is a good start to repair the budget.

There is little to no structural change to the tax system, and they have left the stage 3 tax cuts alone.  The government is doing everything it can to not break promises and to send a message about economic competence.  Short of a drastic change in economic circumstances, I think the stage 3 tax cuts are here to stay.

The Treasurer, Dr Chalmers, has indicated that more “difficult decisions” will need to be made to sustainably fix the budget, but I think they are looking to the next term of government.  Labor wants to bank some trust and goodwill with the electorate before it brings any major tax reform to the table. 

BUDGET OVERVIEW

The key measures of the Budget affecting small business and what it means for you.

1. Temporary Full Expensing is Ending

Currently, most businesses that purchase business assets can claim 100% of its price in full, in the year that it’s purchased and ready for use. This will finish on 30 June 2023.

Recommendation: If you need to purchase a business asset and have the cashflow to do so, we recommend you purchase it BEFORE 30 June 2023 to be able to claim 100% of its cost in the 2023 year.

2. Instant Asset Write Off – $20K

Replacing temporary full expensing is the Small Business Instant Asset Write-off.  Businesses with a turnover of less than $10 million, will be able to immediately deduct the full cost of eligible assets costing less than $20,000 (incl GST).  Assets need to purchased and installed before 30 June 2024.

Assets that cost more than $20,000 will be added into a small business simplified depreciation pool and depreciated at 15% in the first year and 30% each year thereafter. Remember, this is a tax deduction, and it is not $20,000 cash back to you.

3. Low and Middle Income Tax Offset (LMITO) has ended

The temporary LMITO was introduced in the 2019 Budget and then extended during the COVID-19 pandemic.  It resulted in extra tax refunds of between $675 and $1,500 (depending on your level of income) for individuals. The Government didn’t extend the LMITO, so it has ended as at 30 June 2022.

Lower tax refund: Individuals who received an extra tax refund of up to $1,500 in 2022 will not receive it again this year in 2023.

4. Small business failure to lodge penalty amnesty

An amnesty has been announced for small businesses with a turnover of less than $10m, and have fallen behind on their tax returns.

A small business will not be charged failure-to-lodge penalties for outstanding tax lodgements that are lodged between 1 June 2023 and 31 December 2023 that were originally due between 1 December 2019 to 29 February 2022.

You’ve got 7 months to sort this one out and avoid some fines if you need to catch up.  Remember to reach out if you need a hand!

5. Super Stuff

The budget confirmed changes that were previously announced.  From July 2026 employers will have to pay super at the same time as wages, rather than quarterly.  This measure is designed to increase compliance with the legislation.

It won’t begin for 3 years but you will need to factor this into your future cashflow planning.

At the other end of the scale, very high superannuation balances will attract a higher rate of tax from 1 July 2025. Earnings on balances exceeding $3 million will pay tax on earnings at a rate of 30 per cent, 15% higher than the current rate of 15%. Earnings on balances below $3 million will continue to be taxed at the concessional rate of 15 per cent. Defined benefit interests will be appropriately valued and will have earnings taxed under this measure in a similar way to other interests to ensure commensurate treatment.

If you have a balance of more than $3 million in your Superfund you should do a complete review of your arrangements to determine the best tax strategies going forward.

6. Family Support

From 1 July this year, Parental Leave Pay and Dad and Partner Pay will combine into a single 20-week payment. A new family income test of $350,000 per annum will see nearly 3,000 additional parents become eligible for the entitlement each year. The Government has also committed to increase Paid Parental Leave to 26 weeks by 2026.

7. Tax incentive for energy efficiency

The Small Business Energy Incentive provides an additional deduction of 20% of the cost of eligible depreciating assets that support electrification and more efficient use of energy.

Up to $100,000 of total expenditure will be eligible, with a maximum bonus deduction of $20,000.

While the full detail of what qualifies for the incentive is not yet available, it is expected to apply to a range of depreciating assets and upgrades to existing assets such as electrifying heating and cooling systems, upgrading to more efficient fridges and induction cooktops, and installing batteries and heat pumps.

Some exclusions will apply including electric vehicles, renewable electricity generation assets, capital works, and assets that are not connected to the electricity grid and use fossil fuels.

8. Plan for higher PAYG instalments in 2024

Normally, PAYG instalments toward next year’s tax are adjusted using a GDP adjustment or uplift.

In 2022-23, the Government reduced this uplift factor to 2% instead of the 10% rate that would have applied. And now for 2023-24, the Government has set the uplift factor to 6% instead of the 12% rate that would have applied.

If you continue to make good business profits with tax to pay, you will need to budget for slightly higher PAYG instalments. 

OTHER STUFF FOR SMALL BUSINESS 

A few other “watch this space” announcements for supporting small businesses:

  • $23.4 million Investment in Cyber Security
  • $392.4 million Investment in an Industry Growth Program
  • $18.1 million Investment in Buy Australia Plan

These types of investments tend to filter down through state government grants so keep an eye out.

These are the main measures affecting small businesses from this budget.  Remember, these are subject to the measures passing through Parliament.  If you require further information on any of these announced measures, please do not hesitate to contact our office on (07) 3367 3366.

2021 budget

2021 Budget Overview

by Advice

The 2021 Federal Budget has been delivered, with the budget designed to keep the country out of recession through prolonged spending, with the goal to drive down unemployment.

From a pure tax perspective, it was a fairly uneventful budget.

There are a few key changes, however, and these are summarised below.

Extension of the Instant Asset Write-Off: An extension of this program out to June 2023 to allow businesses to immediately depreciate eligible assets, with no cap on the value of these assets. This not only directly benefits small businesses that invest but some of these assets will be purchased from or serviced by other small businesses.

Low & Middle Income Earner Tax Offsets Extended Another 12 Months:  The low and middle-income tax offset, which was due to end on June 30, will be extended for another 12 months. The offset is worth up to $1080 as a refund for about 10 million workers earning between $48,000 and $90,000 when they file their tax returns.

Loss Carry Back: Extended to 30 June 2023.  Losses incurred during the 2020 to 2023 years can be carried back to offset profits as far back as the 2019 year as a refundable tax offset.

Changes To Minimum Super Payments:  From 1 July 2022, the minimum threshold of $450 ordinary earnings before superannuation is payable will be removed. This ensures casual and part time workers are not penalised with less superannuation savings.

Super Contributions Limit for over 60’s: The access age to the “super downsizing scheme” will be reduced from 65 to 60 from 1 July 2022, allowing more people to boost their superannuation with the proceeds of the sale of their home. Contributions of up to $300,000 are allowed, but the home must have been owned for at least 10 years and the money must be paid into super within 90 days of receiving cash from the sale.

Superannuation – Removal of The Work Test: Work test rules for older Australians – which restrict contributions to super unless you are working a certain number of hours – will be scrapped.  This change means people who are between 67 and 74 who may have already retired, are doing volunteer work or who have more flexible work arrangements can continue to make voluntary contributions or salary sacrifice.

Self-Education Deductions – Removal Of $250 Adjustment: From 1 July 2022 the exclusion for the first $250 of deductions for self-education expenses will be removed from the first income year after Royal Assent.

Changes to Residency Rules: From 1 July 2022 they will replace the individual tax residency rules with new primary and secondary tests to determine residency.

– a primary ‘bright line’ test — under which a person who is physically present in Australia for 183 days or more in an income year will be an Australian resident for tax purposes;

– secondary tests depending on a combination of physical presence and measurable, objective criteria — for individuals who do not meet the primary test.

Tax Breaks for Aussie Patents: From 1 July 2022, companies that develop patents in Australia will receive tax reductions under an initiative to promote the manufacturing sector and innovations in the medical and biotech sectors.

Dubbed the “patent box”, the initiative will see corporate profits taxed at a concessional rate of 17 percent if the patents are developed in Australia. The scheme is expected to take effect on July 1.

Please contact Activ8 Accountants and Advisors if you have any questions about how the budget may affect you or your business.