Usually losses are a bad thing - but tax losses aren't!

Generally, a loss is a bad thing. But a tax loss, can be a good thing!

A tax loss occurs when your total deductions for a year, equal more than your total income for the year. In this instance, you can deduct a maximum 100% of assessable income, and also carry forward the loss to deduct against future income. This can result in zero tax payable this year, and less tax payable in a future year, which means more cash in your pocket both now and then.

Of course, there are always complicating factors. For example, the type of entity you operate your business from – whether it’s a company, sole trader, or trust – will affect how you claim a tax loss.

Given companies have been used extensively as the go-to business entity, there are additional tests around ownership and control.

If you operate your business as a sole trader or individuals in a partnership, there are separate non-commercial loss rules that need to be checked.

If a trust incurs a loss, that loss cannot be distributed and must be carried forward. To deduct the loss, there are specific tests that must be satisfied.

Different rules also apply depending on whether your business could be considered a hobby.

And it’s worth noting that a tax loss is different from a capital loss. A capital loss occurs when a capital asset is sold for less than its cost, for example the sale of a property.

So all this boils down to two things:

  • Keeping accurate records is critical to your ability to carry forward a tax loss for later years;

  • And as always, this is complex stuff, so it’s always best to get advice from your trusted accountant.

If you have any questions, don’t hesitate to get in touch.

Did you know you can fix your tax rate?

As we all know, there are only two things that are certain in life: death and paying taxes.

But just because you have to pay tax, doesn’t mean you have to pay more than your share.

A good way of managing this is to understand the different tax rates available to individuals and entities, and achieving the most effective tax rates for you and your family.

For example, did you know that companies have a different tax rate to individuals?

While individuals are taxed on a scale from 0 to 45%, depending on income level, a company that operates an active business is taxed at 25%, while a company that earns a passive income like rent or interest, is taxed at 30%.

That means it could be worthwhile considering setting yourself as a company, if that’s possible in your situation. Much like fixing your home loan interest rate, you could look to fix your tax rate, irrespective of your income level.

This is particularly useful for individuals who operate as sole traders, or high-salaried employees who might consider switching to a contractor model.

Of course, it won’t be possible for everyone, but structuring yourself as a company if it’s possible for you, could see you paying 25% tax, rather than 45%.

In uncertain times like these, that extra cash in your pocket could be really important.

If you’d like to discuss your options, or have any questions, please don’t hesitate to get in touch.

EOFY x lockdown - the perfect time to plan for the future!

As we work through yet another lockdown, it's important to keep in mind that the rest of the country is ticking along as COVID-normal, which means the requirements and pressures of a regular year continue to apply, not least the approaching end of financial year.

Many businesses will be heavily impacted by the current lockdown, including some of our clients. If that's the case, please feel free to reach out to us for assistance. We're all across the latest financial assistance available to businesses, and will continue to stay abreast of developments as they unfold over coming days and weeks.

However, for those businesses that perhaps aren't as negatively affected and instead find themselves with a bit of extra down time, this period can be a really great opportunity to plan for the future.

As family business specialists, one thing we see more than anything else, is a lack of forecasting and planning for the future. That can be a good thing and a bad thing.

It’s good, because people who are running family businesses are often highly engaged in their business. They’re working hard, having a go, making things work. The negative is that when you fail to plan, you might miss opportunities to make things work better for you and your business.

One aspect is tax planning. There are plenty of options for businesses to seek particular tax deductions, manage their cashflows and tax liabilities. This can lead to a reduction or deferral of your income tax liability, but more importantly it provides cashflow, allowing you to invest in your business and stimulate growth.

And that’s just one possible outcome. The lesson here is that with a little less than a month to go in FY21, then a whole new financial year coming in July, now is a great time to sit down and start planning.

If you have any questions, please don’t hesitate to get in touch.

It's fringe benefits tax time!

It’s Fringe Benefits tax time! What does that mean?

Firstly, for some reason the fringe benefits tax year is different to the regular tax year. It runs from 1 April to 31 March.

A fringe benefit is anything that a business pays to an employee other than their wages or salary. Cars are the most common benefit to fall under this category.

Often clients fall into the trap of thinking they can buy a car in their business name and claim everything on tax.

Unfortunately, fringe benefits tax rules make sure that’s not the case. The reason is that typically the car will be left at home overnight, driven after hours and on weekends for private use. On this basis, fringe benefits apply and are taxed.

The biggest issue with fringe benefits is that they’re taxed at a massive 47%.

However, there are ways to minimise the FBT burden, including purchasing a vehicle in your own personal name, which removes the need to be registered for FBT, but you can still claim the business portion of the vehicle expenses in your personal tax return.

In other circumstances, if used in conjunction with the instant asset write-off scheme, it might actually be beneficial to purchase the vehicle in a business name, write it off, then pay the FBT. In this way, the FBT might actually lower your tax liability.

Fringe benefits tax is another confusing area of the tax system, but with the right advice, you can make it work to your advantage.

If you have any questions, please don’t hesitate to get in touch.

The loss carry-back scheme, explained

Last year, as businesses suffered mounting losses due to the COVID-19 pandemic, the federal government announced the loss carry-back scheme to assist businesses to recoup some of their losses.
 
This means eligible businesses can carry-back losses incurred in financial years 2020, 21 and 22 to previous years. The scheme is intended to encourage new investment, which may result in tax losses and a tax refund supporting business cashflow.
 
Most people think: “great our business can save tax and get a refund!”

Well, maybe not.
 
The bad news is that many businesses simply don’t qualify because of the way they’re structured, including many of the most common business structures, such as family and unit trusts, general partnerships, and sole traders.
 
The loss carry-back applies only for an eligible corporate entity that has:

  • An aggregated turnover of less than $5 billion.

  • Carry-back losses incurred in financial years 2020, 2021 and 2022 to previously taxed profits in the financial year ended 2019, 2020 or 2021.

  • a surplus in its franking account.

  • met all income tax return lodgement obligations.

The good news is that companies are eligible, which means potentially a tax refund, more cashflow, and more opportunity to invest.
 
The scheme kicked-in at the start of this year, which means your business might be eligible now. Please feel free to get in touch if you’d like to discuss.

Instant asset write-off: 101

Happy new year! From the Team at CFD, we wish you good health and prosperity in 2021!

For us, the new year brings new faces, with three new accountants joining our team. They’re all very experienced in business services and look forward to working with you and your families.

The new year also brings new challenges for all of us, so over the next few months through these emails and videos we’ll be sharing some insights and tips on what’s happening in the accounting world, to help you and your families understand, plan, and take advantage of the options that are available to you.

One topic that raises constant discussion is the instant asset write-off scheme for businesses, which during the pandemic was extended to assets up to $150,000.

This applies to the purchase of any business assets (plant, equipment, computers, cars, etc.) and represents an excellent strategic opportunity to acquire an asset for business use, as well as qualifying for a tax deduction.

But this is where the confusion often surfaces.

Clients often think that the instant asset write-off rules automatically allow for both an immediate tax deduction, and an equivalent tax refund. This is incorrect.

What the rules do allow for, is for the value of the asset to be deducted from business profit, thereby potentially lowering your business’ tax liability. The rate of tax saving is determined by the entity structure under which your business operates.

When deciding whether or not purchasing assets under the instant asset write-off scheme is a good strategic move for your business, you should apply a cost/benefit analysis, taking into account your cashflow and assessing the potential tax saving benefit.

Of course, we can help you navigate the details, so if you have any questions please don’t hesitate to get in touch.

2020 PLANS

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NEW PLANS

NEW GOALS

NEW AFFIRMATIONS

WHAT HAVE YOU PLANNED FOR 2020?

Year 2019 had its challenges, margins tightening, consumer confidence low, industry restructure and capital short.

A new decade begins - 2020!  Whether you are a sole trader or a large enterprise the directive is typical, the aspirations are simple:

  • amazing networks!

  • attract strong business!

  • achieve great success!

Time does not stand still for anyone. You need to plan and prioritise - managing the passage of time by achieving small milestones on the way to greater success!

Your thoughts and ideas need to be documented. Do you have a formal business plan?

  • A projected profit & loss / cash flow projection to complement your business goals and plan. 

  • Tax planning schedules to project / maximise deductions, streamline tax instalments to support cash flow.

  • Balance sheet projections to forecast retained profits.

What are your plans for the next 12 months?  Set the purpose, objectives and outcomes for your enterprise and communicate this within your culture.

HOW CAN WE HELP?

Contact our office to discuss how we can assist.  Let’s work together and prepare a plan to support you on your amazing journey!

 

THE ATO HAVE CHANGED THEIR FOCUS FROM CORPORATE TAXPAYERS TO INDIVIDUALS & SME’s

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It has been reported in the media that the ATO has changed its focus from targeting large corporate taxpayers to individuals and SME’s (small business) who, the ATO say are the bigger targets.

The ATO estimates a gap of $11.1 billion in SME tax which is currently the highest dollar figure in Australian tax gap numbers and is larger than the tax gap for large corporates.  They say, much of the gap relates to work related deductions and rental income.

The ATO have new streams of data starting to flow in from sources such as the new Single Touch Payroll system on top of the many streams already in place (such as Bank data, etc).   Their intention is to claw back tax from the community and shrink the gap.

If you’d like to chat further on this matter, feel free to give one of our Accountants a call.

AUSTRALIA’S ECONOMY – WHAT CAN GOVERNMENT DO TO STIMULATE?

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The topic of the Australian Economy is popular within the media right now. 

Over the past year, the Government has been relying on exports and government infrastructure spending to keep the economy chugging along.

Tax offsets and lower mortgage interest rates has created some stimulus however given the size of the economic slow down, it is obvious that fiscal stimulus is needed now. 

Regional areas are struggling due to drought, the proportion of renters has increased and the proportion of mortgagees has risen. 

There has been significant discussion about how the Government can stimulate Australia’s Economy with some suggestions as follows: 

  • Bring forward future tax cuts?

  • Increase business investment by giving more generous tax allowances for new investment?

  • Increase Newstart Allowance?

Please call our office to arrange a time to meet and further discuss the potential tax cuts or investment incentives presented in the market.

If we can’t be of any assistance, we may be able to direct you to the right source to support your plan.

TAX DEBT DISCLOSURE TO CREDIT REPORTING AGENCIES!

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The Government introduced a bill in July 2019 to allow the ATO to disclose business tax debt information to registered credit reporting bureaus. 

Under the proposed law, the ATO will disclose tax debt information for a business that has: 

- one or more tax debts of at least $100,000;

- the debt is overdue by more than 90 days; and

- the business is not engaging with the ATO to manage its tax debt. 

The purpose of allowing the ATO to report the tax debt information is to: 

  • Encourage businesses to engage with the ATO to manage their tax debts

  • Reduce the unfair advantage obtained by businesses that don’t pay their tax on time and don’t engage with the ATO to manage their debts

  • Making large overdue tax debts more visible

The ATO will notify the business in writing and provide 28 days for the business to engage with the ATO and take action to avoid having its tax debt information reported.

If your business fits this criteria and receives correspondence from the ATO in this regard, you must act immediately.  Delays may be detrimental to your business!

If you would like to discuss this further, please contact our office.

COMMON MISTAKES THAT LEAD TO STAFF UNDERPAYMENTS – MAKE SURE YOU ARE COMPLYING WITH THE LAW!

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Underpaying staff can lead to significant penalties and unwanted shaming of your business.  It is ultra-important that you comply with employment Law.

Below, we list some common mistakes amongst Small to Medium Enterprises:

  •  Calculating Long Service Leave on weeks, not days

  •  Failing to pay overtime penalty rates to part time employees

  •  Only paying base rate on annual leave

  •  Not including bonuses, commissions and leave loading when calculating Superannuation payments

 By reviewing your payroll system regularly to ensure compliance with current Laws and always hiring qualified personnel to undertake your payroll duties, your risk of staff underpayments is reduced.

 If you would like to discuss this further, please contact our office.

IF YOU HAVEN'T MET YOUR SUPERANNUATION GUARANTEE OBLIGATIONS IN THE PAST........EXPECT A LETTER FROM THE ATO!

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With the introduction of Single Touch Payroll (STP), the ATO will soon be issuing letters to employers that have previously not met their superannuation guarantee obligations.

The ATO have access to extensive data now that STP exists, including who is making contributions and when.  The letter is a reminder that the ATO are watching!

If your affairs are in order, there’s nothing to worry about.  The letter is to ensure employers are on the right track before the ATO commences any compliance activity.

We understand the letters will be sent direct to Employers and not via our office.

If you require assistance with STP or have any other queries, please contact our office.

31 OCTOBER INDIVIDUAL TAX RETURN DEADLINE – DOES IT APPLY TO YOU?

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For individuals that plan on lodging their own tax return for the 2019 year, the deadline for lodgement is 31 October 2019, less than 4 weeks away. 

If you lodge via a Tax Agent (such as our office) you will generally qualify for an extension past that date, but you must be on the Tax Agent list by 31 October 2019.

If you or someone you know needs assistance with lodging Tax Returns, please contact our office.

UPCOMING IMPORTANT DATES

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21 October 2019                Pay Annual PAYG Instalment Notice

 21 October 2019               September 2019 Monthly BAS/IAS due for lodgement &payment

 28 October 2019              September 2019 Quarter BAS due for lodgement &payment (if lodged via paper)

 28 October 2019              Make Super Guarantee contributions for September 2019 Quarter to Super Funds

 21 November 2019           October 2019 Monthly BAS/IAS due for lodgement &payment

 25 November 2019          September 2019 Quarter BAS due for lodgement & payment (if lodged electronically)

IT’S 2019 AFL GRAND FINAL TIME – WHO WILL WIN?

IT’S 2019 AFL GRAND FINAL TIME – WHO WILL WIN?

The biggest day of Melbourne’s AFL sporting calendar is this Saturday with Richmond facing the Giants in the AFL Grand Final.

It’s also a long weekend for most of us, which is always nice :)

Whatever you do this long weekend, stay safe and enjoy AND…….May the best team win on the day!

NOT LODGING YOUR SMSF RETURNS ON TIME WILL IMPACT YOUR ABILITY TO CONTRIBUTE TO YOUR SMSF

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As a Trustee of a Self Managed Super Fund (SMSF), you are obliged to ensure your SMSF Returns are lodged on time.

The ATO have advised that from 1 October 2019, if an SMSF is more than two weeks overdue on any annual return lodgement due date and hasn’t requested a lodgement deferral, the SMSF’s status on Super Fund Lookup will be changed to ‘Regulation details removed’. 

Having a status of ‘Regulation details removed’ means APRA funds won't roll over any member benefits to the SMSF and employers won't make any super guarantee contribution payments for members to the SMSF.

If the SMSF status is changed to ‘Regulation details removed’, contributions will need to be paid into your employers default super fund or a fund of your choice (but not your SMSF). 

Once all outstanding lodgements are received by the ATO, the status will return to “complying” and Members can then request a rollover to their SMSF of any member benefits that may be held outside their SMSF.

If you would like to discuss this further, please contact our office.

LABOUR HIRE LICENSING SCHEME – DEADLINE IS APPROACHING!

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To operate legally in Victoria from 30 October 2019, labour hire providers must have a labour hire licence.

A labour hire provider is a business that has an arrangement with one or more individuals under which the business:

  • Supplies those individuals to perform work in and as part of a host’s business or undertaking and the provider is obliged to pay the individual for performance of that work

An example of this is:

A hospitality staffing agency, HSA Pty Ltd (the provider) supplies waitstaff to restaurant (the host) who requires some extra staff for a large function. The waitstaff are considered to be working ‘in and as part of’ the business of the host restaurant as they are performing the work of the host business, at the host’s premises, directed and supervised by the host and are not considered to be providing a specialised service. The work performed by the workers is a key function of the host’s business and is the same as the work performed by the host’s own employees. HSA Pty Ltd pays the waitstaff it provides, and invoices the restaurant for the hours worked by the waitstaff. No one factor is definitive, but looking at the engagement as a whole, this arrangement would be considered to the provision of labour hire services, and would require HSA Pty Ltd to have a labour hire licence.

Labour Hire providers must register online and apply for a licence prior to 29 October 2019:

https://online.labourhireauthority.vic.gov.au/Account/Login?ReturnUrl=%2F#_ga=2.89722003.920665485.1568341760-561492029.1557100296

Significant penalties will apply if you are found to be a labour hire provider and you are not registered.

If you would like to discuss this further, please contact our office.

SINGLE TOUCH PAYROLL (STP) DEADLINE – 30 SEPTEMBER 2019

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The deadline for STP Reporting is 30 September 2019.  If you are not yet ready, you must ACT NOW!

If you are unable to start reporting by this time, you MUST apply for a deferral by 30 September 2019.  You can do this via the Business Portal or via our office.

The way you pay your employees will not change, however you will be sending PAYG withholding and super information to the ATO each time you pay them.

If you are a Micro Employer (1 – 4 employees), you may be eligible for quarterly reporting.  To be eligible for this concession you must:

  • Have between 1 - 4 employees on the day of application

  • Lodge Activity Statements electronically through a registred tax agent or BAS agent

  • Have non computerised payroll

  • If you owe the ATO money then it must be subject to a payment plan

  • Lodgement obligations must be up to date

There are many no cost and low cost STP solutions available.  To find out more go to https://www.ato.gov.au/business/single-touch-payroll/in-detail/low-cost-single-touch-payroll-solutions/?=redirected_STPsolutions#Availablenow

If you would like to discuss this further, please contact our office.

ASIC FEES – IF YOU DON’T PAY BY THE DUE DATE, EXPECT LATE FEES!

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ASIC issue your Company/s Annual Company Statement on the annual anniversary of the date of incorporation.  The due date for payment of ASIC’s fee is 2 months from the issue date of that Statement.

If ASIC’s fees are not paid by the due date, ASIC will issue a penalty.  Current penalties are:

$80        If payment is received within 1 month after the due date

$333      If payment is received more than 1 month after the due date

We cannot stress enough, the importance of making payments to ASIC on time to avoid late payment penalties. 

If you would like to discuss this further, please contact our office.

UNPAID GST OBLIGATIONS TO BE INCLUDED UNDER DIRECTOR PENALTY REGIME

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Currently, GST is not one of the taxes covered by the Director Penalty provisions that impose personal liability on Directors.  Only unpaid PAYG and Superannuation Guarantee liabilities form part of the current provision.

There is a Bill currently before Parliament that if passed, will allow the ATO to recover outstanding GST debts from Directors by way of issuing a Director Penalty Notice from 1 October 2019.

If you are a Director of a Company, now is the time to ensure that your GST affairs are in order!

Please contact our office if you would like to discuss this topic further.