Checking your Pay As You Go Instalments

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Checking that your pay as you go instalments (PAYG) still reflect your expected end of year tax liability is a good idea. 

PAYG instalments can be varied multiple times throughout the year, with the varied amount or rate applying to the remaining instalments for the income year, or until another variation is made.

PAYG instalments can also be varied if COVID-19 continues to affect you or your business. 

By making these regular payments throughout the year, you’ll avoid having to pay a large tax bill when you lodge the tax return and allow you to plan ahead for your income tax to maintain a healthy cash flow.

These voluntary PAYG payments are made based on your business and/or investment income, which is also known as instalment income. When the tax return is lodged, all the amounts that have been paid throughout the year will be offset against any tax owed from the year.

These payments are different from PAYG withholding, where tax is collected by employers from the payments that they make to employees and contractors, and sent to the ATO. 

Chasing Up End Of Year Invoices

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As the calendar year draws to a close, businesses often find themselves in a familiar but often challenging position – chasing invoices.

A healthy cash flow is the lifeblood of any business, providing the necessary resources for day-to-day operations, expansion, and resilience in the face of unforeseen challenges. Timely invoice collection at the end of the year is instrumental in maintaining this financial vitality.

Let’s explore the nuances of businesses chasing invoices at the end of the year, shedding light on the strategies, challenges, and importance of maintaining a healthy cash flow during this crucial period.

The Year-End Rush:

Strategic Cash Flow Management:

As businesses assess their financial health at the close of the year, effective cash flow management takes center stage. Chasing outstanding invoices becomes a strategic imperative, ensuring that the company enters the new year on solid financial footing. It allows businesses to meet their financial obligations, invest in growth opportunities, and navigate the uncertainties that lie ahead.

Meeting Year-End Targets:

Achieving year-end targets often hinges on the successful collection of outstanding payments. Businesses may have specific financial goals, such as meeting revenue targets, reducing outstanding debt, or improving overall liquidity. Chasing invoices in a timely manner is essential to fulfilling these objectives and closing the financial year on a positive note.

Challenges in Chasing Invoices at Year-End:

Client Financial Strain:

The end of the year can be financially challenging for clients as well. Businesses need to be mindful of their clients’ financial situations and work collaboratively to find mutually beneficial solutions, balancing the need for prompt payment with an understanding of potential constraints.

Holiday Distractions:

The holiday season can introduce distractions and delays in communication. Businesses must anticipate potential slowdowns in response times and plan accordingly to avoid undue delays in invoice resolution.

Strategies for Chasing Invoices:

Clear Communication:

Open and transparent communication with clients is key. Articulate payment expectations, deadlines, and any consequences for delayed payments. A proactive approach to addressing potential issues can foster positive relationships while ensuring prompt payments.

Automated Invoicing Systems:

Utilising automated invoicing systems streamlines the billing process, reducing the chances of errors and delays. Automated reminders for overdue payments can serve as gentle nudges to clients, encouraging them to settle outstanding invoices promptly.

Offering Incentives and Discounts:

To encourage prompt payments, businesses may consider offering early payment incentives or discounts. This not only incentivizes clients to settle invoices sooner but can also strengthen the business-client relationship.

Flexible Payment Plans:

In cases where clients may be facing financial constraints, offering flexible payment plans can be a proactive approach. Collaboratively finding solutions that accommodate both parties’ needs can help maintain positive business relationships.

Chasing invoices at the end of the year is more than a routine financial task; it’s a strategic maneuver to fortify a business’s financial foundation.

Effective communication, strategic planning, and flexibility are crucial in navigating the challenges that may arise during this period. By prioritizing the pursuit of outstanding payments, businesses can ensure a smoother transition into the new year, positioning themselves for continued success and growth.

Changes to the ABN application process

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The ATO has made recent changes to the application process for an Australian Business Number (ABN). The changes have been made as a measure to protect the process’ integrity and identify those who are attempting to misuse it.

An ABN is a unique 11 digit number that identifies your business to the government and the wider community. The recent changes focus on:

  • Ensuring that those who are entitled to an ABN are the only ones who will receive one.
  • Identifying people going through the application process multiple times.
  • Confirming entitlement and helping people to understand their obligations.

You are only entitled to an ABN when carrying on or starting an enterprise in Australia. An enterprise includes activities done in the form of a business, including operating a charity, renting or leasing property, or acting as the trustee of a superannuation fund. It is compulsory for businesses with a GST turnover of $75,000 or more to have an ABN and be registered for GST. While businesses with a turnover of less than $75,000 can still apply for an ABN and may choose to register for GST, it is not compulsory.

There is no single test to determine cases where you are carrying on a business. However, features of a functioning business include:

  • An intention to make a profit from the activity that is demonstrated by a business plan (unlike a hobby).
  • The activity is a significant commercial activity that is a reasonable size and scale, involving the sale of goods or services.
  • The activity is organised, systemic and is carried on in a business-like manner with records kept.

For businesses that are not yet underway, you would be expected to undertake a number of commencement activities for a successful ABN application. These activities include advertising and setting up social media or a website for the business, obtaining business licences, or consulting with financial, business or tax advisors.

Other reasons that you may be entitled to an ABN are if making supplies connected with Australia’s indirect tax zone (defined as including Australia but not its external territories or certain offshore areas), or if you are a Corporations Act company.

The ATO’s changes better define who is eligible for an ABN, helping business owners to understand their obligations in cases where there may be doubt. Consider consulting your professional advisor if further help is required.

Changes to JobKeeper eligibility

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The Government has introduced additional changes to JobKeeper to help more businesses qualify for the relief payments.

One of the key changes was moving the relevant date of employment for an eligible employee from 1 March to 1 July 2020, to extend employee eligibility. This allows those who were full time employees on or before 1 July 2020 and employees who became long-term casual workers between 1 March to 1 July 2020 to be eligible for JobKeeper. This will increase the amount of employees that are eligible under the current JobKeeper Scheme, and will also expand the eligibility criteria under JobKeeper 2.1.

Businesses originally needed to show that they have met the decline in turnover test in the June, September and December 2020 quarters to receive JobKeeper payments. To qualify for the first phase of the JobKeeper Extension (28 September 2020 to 3 January 2021) businesses need to show that they have had a decline in turnover only for the September 2020 quarter, in comparison to the previous year.

To qualify for the second phase of JobKeeper Extension (4 January 2021 to 28 March 2021) businesses need to show that they had a decline in turnover for the December 2020 quarter only to be eligible for payments.

This change can be particularly useful to businesses that may not have met the decline in turnover test in the June or September quarter, but suffer significantly in the December quarter.
The improved accessibility to JobKeeper payments comes from the impacts of economic downfalls in Victoria. It is predicted that more than 80 percent of these payments will flow towards assisting Victorian businesses and employees.

Changes To Employers & Super When Stapled Funds Come Into Effect 1 November 2021

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This year has seen a lot of amendments and changes to the rules governing superannuation funds and their providers by the Federal Government that may have an impact on how you as an employer deal with super.

Are you aware of the changes to “choice of fund” rules that you might need to be aware of as an employer of new to the workforce employees?

Currently, as an employer, you may be paying contributions to your new employees into a  default superannuation fund of your choice if they have failed to provide you with their own choice of superannuation fund details. This may be due to not having a superannuation fund (as in, the employee is new to the workforce), or as a result of other circumstances.

As an employer, you must provide all new employees with a Superannuation standard choice form within 28 days of their start date. They may also be provided with one if:

  • They as an employee request one
  • You are not able to contribute to their chosen fund, or it is no longer a complying fund
  • You change the employer-nominated fund into which you pay the employee’s contributions.

If the employee holds a temporary working visa or their super fund undergoes a merger or acquisition, they will not be able to choose their super fund themselves.

From 1 November 2021, if you have new employees start and they don’t choose a specific super fund, you may need to request their ‘stapled super fund’ details from the Australian Taxation Office.

A stapled super fund is an existing account that is linked, or ‘stapled’ to an individual employee, so it follows them as they change jobs. This change aims to reduce the number of additional super accounts opened each time they start a new job. If a new employee does not have a stapled fund and they do not choose a fund, the employee’s super can be paid into the employer’s default fund.

With fewer superannuation funds being opened, employees are less likely to generate ‘lost super’ as they transition through their employment periods and various careers leading up to their retirement.

As an employer, you’ll be able to request stapled super fund details for new employees using the ATO’s Online services for business.

To get ready for this change, you can check and update the access levels of your business’ authorised representatives (such as your accountant or bookkeeper) in Online services. This will mean you’re ready to request stapled super funds if needed. It will also assist in protecting your employees’ personal information.

As an employer, you legally cannot provide your employees with recommendations or advice about super unless you are licensed by ASIC to provide financial advice. You can give your employees information about choosing a fund however, including:

  • Why do they need to choose a super fund?
  • The process of choosing a super fund.
  • Your obligations as an employer to pay the super guarantee and provide a default fund to pay into
  • How they can nominate their chosen fund

Remember, registered tax agents and BAS agents like us can help you with your tax and super queries. Come and speak with us about your options, and to ensure that you are compliant with your super requirements as an employer.

If you are a new employee entering into the workforce, and you’d like to know more about your options when it comes to superannuation, you should have a serious discussion with providers and conduct your own independent research on the funds available.

Changes to business practices and TPAR

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COVID-19 has forced businesses to adapt their practices to cater for social distancing measures and sanitary precautions. As a result, many businesses have taken on contractors to assist with these changes.

Businesses who have made payments to contractors in the last year may need to lodge a Taxable payments annual report (TPAR) by 28 August. This applies to the following contractor services:

  • building and construction,
  • courier, delivery or road freight,
  • cleaning,
  • information technology,
  • security, surveillance or investigation.

In response to COVID-19 restrictions, providing additional cleaning and courier services to customers have become particularly popular for businesses. For example, businesses with limited access to physical stores due to social distancing restrictions may have paid contractors providing courier services to deliver goods to customers on behalf of the business. If the payments received by the business for courier or cleaning services provided by contractors amounts to 10% or more of their total GST turnover, they will be required to complete a TPAR. Businesses can still lodge a TPAR even if they don’t think they need to or if they are unsure if they meet the 10% GST turnover threshold.

Businesses providing courier or cleaning services using their existing employees and not contractors will not need to lodge a TPAR.

TPAR lodgements can be made using SBR-enabled business software, the ATO Business Portal, through a tax or BAS agent, or by ordering a Taxable payments annual report (NAT74109) paper form.

CGT rollover when transferring assets in a divorce

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Transferring the ownership of assets from one party to another may attract CGT. However, in the event that a change in ownership occurs due to the breakdown of a relationship, you may be eligible for a rollover of the asset.

A rollover allows taxpayers to defer or disregard a capital gain or loss that would normally arise on a CGT event. Specifically, a same asset rollover can occur when an individual transfers assets to their ex-spouse, as the transferee already has an involvement with the asset. The spouse who receives the asset will make the capital gain or loss when they dispose of the asset in future. They will also receive the cost base of the asset (the cost of the asset at the time of its initial purchase), as well as expenses incurred when acquiring, holding and disposing of the asset.

The rollover applies to CGT events that occur as a result of:

  • An order of a court or a court order made by consent under the Family Law Act 1975 (foreign laws with similar logistics may also apply).
  • A court order under a state, territory, or foreign law relating to the breakdown of a relationship.
  • A binding financial agreement, or a corresponding written agreement.

Separating couples transferring assets in accordance with a binding financial agreement will not require court intervention, however, for rollover to apply, the following must be true at the time of transfer:

  • the involved spouses are separated,
  • there is no reasonable expectation of cohabitation resuming,
  • the transfer of assets occurred for reasons directly related to the breakdown of the relationship. For example, the transfer may not be directly connected to the separation if the spouses already agreed to the transfer before the breakdown of their relationship.

Couples with informal or private agreements related to the transfer of assets will not be eligible for a rollover, and CGT will apply to these ownership transfers. The parties cannot choose whether or not the rollover applies to their situation.

CGT exemptions have been scrapped. What does that mean for you?

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Are you an Australian living or working overseas with a family home in Australia? Or you know someone who is? If so, be sure to consider the impacts of the capital gains tax (CGT) on you from 30 June 2020.

Since 1985, the exemption of Australian expatriates from the CGT tax has been available for homes which have never been rented out for more than six years at a time. However, following the scrapping of the CGT exemption under the A$581m federal government plan, Australians working overseas will have to sell their property before the 30th of June 2020 to avoid CGT and still be eligible for CGT main residence exemption.

With the removal of CGT exemption past June 2020, Australian expats who own property in Australia will be required to pay CGT dating all the way back to when they first bought the property. That is, if an ex-pat was to have bought their property in 1985, they would have to pay an accumulation of their tax owing in CGT from 1985 to 2020. The only way to avoid such hefty tax payments would be to sell your property on or before the 30th of June or to re-establish Australian residency before selling the property.

Understandably, the new change will impose a sizable cost on Australian expats and has come as a result of the influx of speculative foreign investors as well.

As every situation is unique, taxation planning customised to every taxpayers specific circumstances are advised. In order to avoid the accumulated CGT payments, Australian expats need to be aware of their financial standings and be ready to make a quick decision regarding the selling or keeping of their Australian property.

Seeking out tax advice from knowledgeable tax specialists, employing organised bookkeeping services and detailed financial statements written up by accountants in preparation for making such an important decision regarding your Australian property is heavily recommended to ensure the new CGT laws don’t cause you financial problems.

CGT concessions for shares and trust interests

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For taxpayers wishing to access the small business capital gains tax (CGT) concessions for shares in a company or interests in a trust, they must first meet the standard requirements as well as further conditions in place for such entities.

A taxpayer can apply for small business CGT concessions to lower or dismiss their capital gain from the disposal of CGT assets. If the CGT asset is a share in a company or interest in a trust, further conditions that will need to be met are:

  • The taxpayer must have carried on a business just before the CGT event or meet the maximum net asset value test.
  • Meet the 90% test, satisfied when the CGT concession stakeholders in the company or trust where the shares or interest are held have a total small business percentage in the entity of at least 90%. The percentage can be held directly or indirectly through multiple included entities.
  • The company or trust in which the shares or interests are held must either be a CGT small business entity for the income year or meet the maximum net asset value test. The rules for determining whether an entity is connected with the company or trust for this purpose are modified. Under the modified connected entity rule, the company or trust controls another entity if it has a control percentage of at least 20% or more, in that other entity.

The share or interest must satisfy the modified active asset test which looks through to the activities and assets of the underlying entities. The asset of an underlying entity will only be an active asset if the previous conditions have been met

These requirements apply to CGT events after 8 February 2018. If you made a capital gain relating to shares in a company or an interest in a trust before then, you must meet the basic conditions and just before the CGT event you must either be a CGT concession stakeholder in the company or trust or meet the 90% test.

Cash In Hand Compliance Concerns For Businesses & Individuals Alike

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If your business earns a part of its income in cold, hard cash, be prepared to have the Australian Taxation Office’s eyes on you this tax time.

To protect honest, compliant Australian businesses, the Australian Taxation Office (ATO) has placed a strong emphasis on targeting the cash and hidden economy (known to be a part of the shadow economy).

For example, they may be keeping a close eye on a sole trader electrician, whose reported earnings over the financial year versus their actual spending isn’t adding up. Or perhaps you have a side hustle (such as freelancing or selling plants at the market), and earn some cash-in-hand alongside your full-time job’s income.

The ATO will be watching these businesses and individual traders that deal predominantly in cash, with a focus on those that:

  • Fail to meet super or employer obligations, and fail to register for GST or lodge activity statements.
  • Operate outside regular small business benchmarks specific to their industry.
  • Show discrepancies between what they have reported and ATO collected data relating to electronic payments.
  • Operate and advertise as cash-only.
  • Income does not correlate with the lifestyle of the business owner, i.e., assets and spending habits exceed what is expected of someone with their reported income.
  • Pay their employees cash-in-hand.
  • Estimate their sales and income.
  • Use the ‘no sale’ and ‘void’ buttons on cash registers when taking cash payments.
  • Do not reconcile at the end of the day and do not keep cash register tapes.
  • Are reported to the ATO by members of the community or any third party regarding potential tax evasion.
  • Are part of an industry that is known for dealing primarily in cash-only.

When out visiting cash-only businesses, the ATO will be working in unison with local authorities and industry associations to ask questions and discuss:

  • Why the business operates primarily or only in cash.
  • The need to lodge tax returns and activity statements.
  • How to be compliant in relation to tax and super obligations.
  • Different claims and tax deductions businesses can make.
  • The general community’s preference for having EFTPOS or electronic payment options available to them.
  • Benefits of electronic payment and record-keeping facilities.
  • Relaying tools and services businesses can use if they are struggling to ensure they are compliant with Australian tax laws.

If the ATO comes across a business that is doing the wrong thing or failing to meet its obligations, they have a duty to take action. This may result in the business facing an audit and possible prosecution.

Its imperative that you are fulfilling your obligations and know where you stand, particularly with;

  • Bookkeeping and record-keeping requirements
  • Reconciliations between till takings (z-totals) and banking
  • Consequences of failure to report all income (penalties, fines, interest, additional tax, additional GST)
  • Consistency of business income between prior and current years, and with reference to lifestyle

If you do make a mistake upon completing your tax return but make a voluntary disclosure detailing your errors, the ATO will work with you to rectify this and create a solution.