Income Tax cuts in Federal Budget Benefiting high-income earners

In its efforts to boost the economy, the Federal Government is considering bringing the planned income tax cuts forward. The intention behind these cuts is to boost the economy by boosting consumption.

Initially, income tax cuts were to take place in three stages, the first of which has already been rolled out. The following stages aim to facilitate a reduction in tax for individuals earning from $90,000 to $200,000 over the next 4 years at the cost of billions of dollars to the Parliamentary Budget.

There has been criticism of the government’s suggestion that these stages be moved forward because they are unlikely to have the desired effect. Rather than boosting consumption, beneficiaries of this plan are likely to keep the additional money in the bank. This is because these plans are directed at high-income earners who will not need to spend the money on necessities, that low-income earners would.

Additionally, the uncertainty of the current climate which the government is relying on to justify this change may be the very reason that people save their money rather than spend it.

Critics of this change are suggesting that focus should be placed on ‘Social Spending’. An example of this could be an increase in pension – which pensioners are a lot more likely to reinvest into the economy.

Amnesty means that 24,000 businesses own up to underpaying Aussies superannuation

An amnesty scheme which ended earlier this month has caused around 24,000 businesses to admit to underpayment of their worker’s super. A total of 588 million dollars will be distributed to almost 400,00 individuals.

The scheme, which covered payments from the introduction of super in 1992, gave employers the opportunity to come clean without any consequences as long as they paid the unpaid super as well as 10% interest for every year the money was overdue.

The ATO will be directing its attention at any businesses that did not admit fault and these businesses will face severe penalties.

Many individuals are looking to access their superannuation early in order to have support during these times. Although there is criticism of early access to super, this facility has been helpful to many families to keep afloat.

What business structure suits your business?

An important decision to make before you start a business is what structure your business will run under. This will reflect into all facets of your business, so you should spend time understanding the implications of each structure.

Sole Proprietorship

  • You have complete control of your business.
  • Your business assets and liabilities are not separate from your personal assets and liabilities.
  • Personally liable for debts and obligations of the business
  • Low-cost structure

Partnership

  • Share control and management of business
  • Each partner pays tax on the share of net partnership income each receives
  • Minimal reporting requirements + Inexpensive to set up
  • Requires more documentation

Company

  • Separate legal entity from its owners – all profit, tax, and legal liability is directly to the corporation
  • Members not liable for company’s debt (only liable if you breach legal obligations)
  • Complex business structure + Extensive documentation and record-keeping
  • Wider access to capital

Trust

  • Expensive set-up and operation
  • Formal trust deed outlining operation required
  • Trustee responsible for yearly administrative tasks

Dealing with interview jitters

An interview can be intimidating even if you are the perfect person for the job. Improving your performance during an interview can be a matter of learning to alleviate your anxiety.

Preparing for your interview can be extremely helpful.

  • Read about the company and what they do
  • Prepare your responses to common interview questions (strengths, weaknesses, plans for the future, etc.)
  • Remind yourself of the achievements that make you worthy of the job

Change your mind-set about the interview

  • Remember that the interview is the best time to understand whether the company culture aligns with your values
  • Think about it as an opportunity to learn more about the organisation, and not just an opportunity for them to interview you

Small details

  • Get a good night’s sleep
  • Avoid caffeine
  • Set aside the clothes you’ll be wearing (Dress for success!)
  • Plan to get to the interview 15 minutes ahead of time

During the interview

  • Focus on your breathing to calm yourself
  • If you need, ask for a second to gather yourself
  • Take water with you and take small sips between questions

Businesses should consider adopting flexible workplace arrangements

Businesses working from home due to social distancing restrictions can take the opportunity to learn from the experience and consider new work structures coming out of COVID-19. This could mean increased flexibility for employees when it comes to working remotely and adaptable hours. Here’s why flexible work arrangements with your employees may be beneficial for your business in the long term.

Increased productivity

Flexible work arrangements can increase the productivity of employees by allowing them to work when they feel most motivated. Some people may naturally be more productive at night time and do their work then, which would not be possible with regular office hour restrictions. Remote work also saves time on excessive staff chatter and workplace distractions, such as ringing telephones and colleague drop-ins. Offering flexible work arrangements can show your employees that their lives are valued, which can lead to higher levels of performance and hard work to justify the flexible arrangements.

Reduced expenses

When employees are working from home more frequently, it means that your office doesn’t have to sustain as many people and you can reduce rent and utility expenses. This doesn’t mean that your employees have to pay too much more; the ATO has introduced an easier way of deducting work from home costs during the COVID-19 period called the ‘shortcut method.’ This allows employees to deduct 80c per hour they work from home to compensate for running expenses.

Attract talent

Businesses that exclusively depend on employees being physically present may be missing out on ideal workers who live too far or require more flexible arrangements. Modern job seekers are often on the lookout for positions that offer greater flexibility, rather than the regular 9 to 5 in the office. Highlighting workplace flexibility in your job advertisements can attract more prospective talent as physical barriers are eliminated.

Improved wellbeing

Remote work can improve the overall physical and mental wellbeing of your employees. One perk is that they may be able to be better rested and eat a proper breakfast in replacement of the morning commute. Work flexibility will also enable them to work around family commitments, which can boost their quality of life and happiness. This can raise morale and improve their quality of work by reducing the risks of fatigue and burnout.

Employee retention

Workplaces that allow employees to maintain a healthy work-life balance are more likely to retain their employees for long terms. This can benefit businesses by reducing the frequency of hiring and training periods, which can save a lot of money and productivity while continuing to grow corporate knowledge in existing employees.

Getting on top of your SMSF during divorce

Running an SMSF under regular circumstances comes with enough compliance obligations as it is. Adding divorce or separation into the equation can raise even more legal and tax issues that need to be addressed.

The breakdown of your relationship does not absolve you from your responsibilities as an SMSF trustee; you are still expected to continue acting in accordance with super laws and in the interests of all members. As a trustee, you must:

  • Include another trustee in the decision-making process, and
  • Acknowledge requests to redeem assets and rollover benefits to another super fund.

When it comes to dividing SMSF assets, separating couples can transfer assets, such as property, from one SMSF fund into another. During this process it is important to consider:

  • How they will decide to split their superannuation fund. They can choose to enter into a formal written agreement, seek consent orders, or if the separating couple cannot reach an agreement, they can seek a court order.
  • Whether they have the necessary documentation readily available, as it is essential in the event of an ATO audit. Due to there being beneficial tax consequences in splitting a superannuation fund, it is essential that the documentation, such as the notice for splitting the super, shows a genuine separation.
  • Where the new fund is to be a single member fund, it is advisable to incorporate a special purpose company to be the trustee. This avoids having a second person as a trustee.

The nitty gritty of dealing with self-education expense deductions

Individuals upskilling and educating themselves during these down times may be eligible to claim a deduction for their self-education expenses. The deductions apply to self-education activities that are directly related to an individual’s work as an employee.

In the case that individuals are looking to claim self-education expenses based on a course’s relation to their work, the relation must mean:

  • Maintaining or improving the specific skills or knowledge the individual requires in their current work activities;
  • Resulting in, or likely to result in, an increase in the individual’s income from their current work activities.

There are many types of expenses you can claim as part of your self-education deduction, including:

  • General course expenses (e.g. tuition fees, stationary, textbook, student union fees)
  • Depreciating assets (e.g. computer, desk)
  • Repair costs to assets used for self-education purposes
  • Car assets (claimed using the cents per kilometre method)

Work-related self-education expenses cannot be claimed as part of a deduction. These expenses include travel expenses, child care costs related to attendance of courses and capital costs of items (e.g. computers, desk) acquired for self-education purposes.

Keep in mind that self-education courses which enable individuals to get new employment are not eligible for deduction claims. Some expenses also need to be apportioned between private purposes and use for self-education such as travel costs and depreciating assets. You will need to estimate your apportions and provide information on such expenses to be eligible to claim.

For more information on what you claim as self-education expenses, visit the ATO website or consult with a financial advisor.

The critical steps to a successful partnership

It is a tall order to ask for a business owner to manage everything alone, much less lead their business into success. This is why many successful businesses are born from partnerships.

Partnerships can be advantageous to business owners looking to balance their complementary talents and personalities. Sharing the experience of running a business can make the whole process more enjoyable, especially with a partner who is liked and respected.

However, partnerships are not without their disadvantages. Disagreements are bound to happen over time so it is important to formally structure the relationship. To ensure business success and the longevity of your relationship, there are a few important steps to take when laying out the groundwork for your partnership.

Sort out the basics with your partner first
Be sure to cover issues such as:

  • Business ownership division. Who owns what percent?
  • Decision-making processes. How are business decisions made? Who has final authority? How are disagreements settled?
  • Partnership responsibilities. What are each partner’s responsibilities? How much time and money will each partner contribute? Can partners work in other positions at the same time?
  • Partnership breakdowns. What happens when a partner wants to sell? What happens when a partner dies or becomes disabled? What happens if you want to bring on an additional partner?

Draw up a written partnership agreement
Solidify all the key issues that you have discussed in a legally binding contract. This is to ensure that parties involved are held accountable to the agreed-upon terms of your partnership. Also make sure that contract is drafted with professional legal advice and assistance.

Choose an appropriate business structure
Discuss with an accountant what legal form your partnership should take. This is important to determine your level of involvement in a partnership. For example, a simple partnership does not provide protection for any party’s personal assets.

Consider a buy-sell agreement
A buy-sell agreement acts as an insurance policy for partnerships in the event that a partner dies or becomes disabled, wants to sell their share of the business, or leaves the business. Buy-sell agreements can resolve disputes or differing goals by transferring business ownership and reducing the risk of business failure after a partner leaves. Always seek professional advice before drafting a buy-sell agreement to ensure all situations are covered and the contract is neither too advantageous or disadvantageous for one party.

Readapting to working from the office

As businesses are looking to bring their employees back into work, it is important to ensure that your workstyle practices allow you to seamlessly integrate into working from the office. Try adopting these changes to make your transition into the office space easier.

Structure your daily routine
Working in an office space structures your day, and this is an important feature to bring into your work day even when you’re working from home. Create a work-based routine that will work for you at home and at the office. For example, you may find that using the first hour of the day to respond to emails and enquiries, and using the later part of the day for meetings works best for you. It is important to stick to that routine as best as you can to then provide yourself some structure when you go back into the office.

Prepare for distractions
Without the common distractions that an office space comes with, employees may find that they are more productive at home. Consider incorporating collaboration meetings and calls into your work day when working from home. Brainstorming sessions and daily stand-ins can be great ways to reintroduce socialisation with your colleagues to make social interactions productive and less distracting. Consider setting boundaries if you feel that you need to reserve portions of your day for important tasks, and let your colleagues know so they don’t distract you.

Maintain stability
Working from home has left employees with a lot more free time during the day, allowing them to pick up new hobbies and interests. These are activities that may have been a source of relaxation when working from home so try to continue indulging in these activities once you transition back into working from office. Upskilling for personal fulfilment can be rewarding and even contribute to better mental health and wellbeing.

Division 7A and private loans

It is not uncommon for businesses to provide loans to shareholders or associates of a company. However, business owners should know the conditions that their loan must satisfy under Division 7A, to avoid the amount being deemed a dividend.

Written agreement
Division 7A loan agreements need to be made under a written agreement before the private company’s lodgement date. As a minimum, the written agreement should:

  • identify the parties,
  • set out the essential terms of the loans (e.g. the amount and term of the loan, the interest rate payable under the loan), and
  • be signed and dated by all parties involved.

Minimum interest rate
Loans must have an interest rate greater than or equal to the annual benchmark interest rate outlined in Division 7A. The benchmark interest rate for 2020 is 5.37% and will be 4.52% in 2021. This interest rate needs to be applied for each year after the year in which the loan was made.

Maximum term
The maximum term for a loan agreement is seven years. If the loan is secured by a registered mortgage over real property, the maximum term is 25 years. For this maximum term, the market value of the property (not including any other liabilities for securing the property prior to the loan) must also be at least 110% of the amount of the lo

Refinancing loans
From the 2007 income year onwards, loans that can be refinanced without resulting in a deemed dividend include:

  • An unsecured loan which is converted to a loan secured by a registered mortgage over real property can have the loan term extended (with relative terms).
  • A secured loan which is converted to an unsecured loan with a corresponding reduction in the loan term.
  • A loan which becomes subordinated to another loan from another entity due to circumstances beyond the control of the original entity.

If these loan conditions are not met, Division 7A of the Income Assessment Act 1936 applies and the loan is deemed a dividend. This dividend is treated as taxable income and the company receives no tax deductions for its loan to you or your shareholders.