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2020 TAX UPDATES
Spouse contributions tax offset eligibility will be extended following the release of draft Bill and Regulations. The Bill and Regulations were made to give effect to the measures announced in the 2019 federal budget. From 1 July 2020, an individual is eligible for the offset where their spouse is under 75 years of age when the contribution is made. Connected with this new legislation is the extension to acceptance of contributions for individuals aged 65 and 66. The current law states that where the spouse is over 65 years, the spouse must satisfy the work test for the contribution to be accepted. Effectively, the work test is being pushed out to the Age Pension Age of 67. There are no announced changes to the income limit or the maximum contribution allowed. Also, the spouse contribution should not otherwise breach their non-concessional cap.
Super Contribution Age Limits To Change
Members of regulated superannuation funds have no restrictions for making voluntary contributions prior to reaching 65 years of age. However, from 1 July 2020 changes to legislation and SIS regulations intend to increase the age limit to 67 years of age. The new legislation also extends the ability for members to make bring forward contributions, making more individuals eligible to make 3 years’ worth of contributions. The legislative and regulatory changes only relate to voluntary contributions, as employer contributions have different rules relating to individuals over the age of 65.
Unpaid Present Entitlements and Extension of Repayments
Unpaid present entitlements (UPE) to private companies initially under an interest-only loan may be extended on final repayment date. The practical compliance guideline deals with a UPE that was put in an investment deal in accordance with PS LA 2010/4. If there is a balance to be repaid at the end of the investment period, it may become a new Div 7A loan. 30 June 2018 is the first year in which an interest-only loan at benchmark rates is due to be repaid after the issuing of PS LA 2010/4. That is, 7 years after the initial UPE was put on a sub-trust from the 30 June 2010 year. The PCG relates to arrangements in the 2017/18, 2018/19 and 2019/20 income years. The ATO has recently stated that the lodgement date for the 2018/19 income year is 5 June 2020. This extension is due to blanket extensions to tax returns issued by the Commissioner. Family groups using this strategy may benefit from utilising this extension of time to repay the initial unpaid present entitlement from the 2009/10 income year.
Victoria COVID-19 Package for Business Grants and Assistance
Part of the Victorian economic stimulus package are grants and assistance for Victorian businesses. Registered businesses in the hospitality, tourism, accommodation, arts/entertainment and retail industries will receive tailored support. This is in the form of a grant, and specifically not a loan. Other measures announced include rent relief for businesses renting government premises, and banning of eviction for non-payment of commercial tenancies for six months.
Victoria COVID-19 Package for State Taxes
At the top of the Victorian economic stimulus package is a refund of payroll tax for small business. Effectively, the payroll tax threshold applies to Victorian entities with Australian taxable wages less than $3m for the 2019/20 income year. As well as the payroll tax refunds, other measures announced include deferral of certain land tax payments, and rent relief for landlords who provide rent reduction to their tenants adversely affected by the COVID-19 pandemic.
Announcement (1-May-2018) Consultation (3-Apr-2018) Introduced (13-May-2018) Passed Royal Assent Date of Effect
Announcement (17-Apr-2018) Consultation (3-Apr-2018) Introduced (13-May-2018) Passed Royal Assent Date of Effect
Announcement (17-Apr-2018) Consultation (3-Apr-2018) Introduced (13-May-2018) Passed Royal Assent Date of Effect
Announced: 09-Apr-2020 Updated: 31-May-2020
Announced: 20-Mar-2020 Updated: 29-May-2020
2020 TAX UPDATES
SMSF Penalties for Underreported Expenses Legislated
Non-arm’s length income (NALI) rules are bring strengthened. In particular, the NALI provisions are bring re-written to include situations where expenses of the fund are reduced in order to obtain a non-commercial benefit. This new law will strengthen rules which were previously only part of guidance released by the ATO for SMSFs. Specifically, an income tax liability will be enforced as opposed to previous interpretations of tax and super regulations in relation to super fund borrowings. Draft ATO guidance has provided further situations where an SMSF may have underreported nonarm’s length expenditure, including where it may apply to all income.
Instant Assets Stimulus Package for 2020 Purchase
The instant asset write-off will be available for the majority of businesses during some part of the 2019/20 and 2020/21 income years. Between 12 March 2020 to 31 December 2020, businesses with up to $500m in turnover will get an instant asset write-off for assets first installed and ready for use under $150k. In the legislation, the update also extends to the low value pool. Where a small business pool has a closing balance of less than $150k will be able to write off the entire balance (also up from $30k). The Government stimulus package, announced to prevent a large national economic downturn, includes this boost to instant asset write-offs. However, the stimulus will not be received until lodgement of the tax return.
Testamentary Trust Minor’s Distribution to be Limited
Minors may only receive concessional tax treatment on testamentary trust income that is derived directly from assets originally transferred from a deceased estate. This will take effect for assets transferred into a testamentary trust after 1 July 2019. The legislation provides trustees of a testamentary trust with a clear understanding of when minor’s income will not be taxed at regular rates. This is part of a crackdown on the misuse of testamentary trusts by some. This includes “injecting” unrelated property into the testamentary trust vehicle for tax minimisation purposes.
Director Identification Number
The Director Identification Number (DIN) regime has been passed by parliament and become law. Under the new law, all director of companies registered under the Corporations Act will need to have a unique identifier. The DIN will be a measure that will limit the opportunities for a company and its directors to engage in phoenixing activities. One such new measure will require all directors to confirm their identity before receiving a DIN, as well as civil and criminal penalties for system misuse. A registrar is yet to be appointed (or created) to develop the regime. However, under the legislation it must be in effect within two years of Royal Assent, being 22 June 2022. If the registry is created prior to this time, we will receive notifications to the new start date.
Large Forestry Holding Deemed Carrying on a Business
A decision impact statement in response to the AAT ruling in SWPD and FCT was issued by the ATO. In the case, the taxpayer was held to have carried on a “forestry business” by holding onto a property with forests of native trees in it. This entitled the taxpayer to utilise the CGT small business concessions on sale of the property as it was an active asset. The ATO, through the decision impact statement, found that the Tribunal had correctly applied the legal test outlined in Spriggs v FCT. However, in their view the facts of the case are “extreme”. Along with other considerations, the Commissioner accepted that the taxpayer was indeed carrying on a forestry business.
Announcement (28-Jul-2019) Consultation (24-May-2018) Introduced (24-July-2019) Passed (19-Sep-2019) Royal Assent (2-Oct-2019) Date of Effect (30-June-2019)
Announcement (11-Mar-2020) Updated: 12-Jun-2020
Announcement (18-Jun-2018) Consultation (30-Oct-2019) Introduced (05-Dec-2019) Passed (17-Jun-2020) Royal Assent (22-Jun-2020) Date of Effect (1-Jul-2019)
Announcement (03-Dec-2019) Consultation (03-Dec-2019) Introduced (04-Dec-2019) Passed (12-Jun-2020) Royal Assent (22-Jun-2020) Date of Effect (22-Jun-2022)
Announcement (22-Jul-2020) Consultation Period Released
