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2011-2012 Budget Update 12 May 2011
2013 Post Budget, Pre Financial Year End Client Update
30 May 2013 Jamie Towers & Chris Campbell
Mobile Phones – please turn off or to silent
Bathroom – far side of reception
Lucky Door Prize – Bottle of wine – business card draw
House Keeping
Vision
Hanrick Curran is renowned across Queensland for delivering innovative solutions to grow and protect the wealth of our SME, Corporate and Personal clients by empowering our skilled creative professionals to deliver comprehensive expert advice.
Audacious Goal
1. Be No. 1 in Service and Quality to our Clients2. Be the No. 1 Place to Work3. Be No. 1 in our Chosen Markets 4. Achieve Top Quartile Financial Results
Each of you play a very important part in our journey to reach our Vision by 2018 We need and value your feedback We’ve built the practice on client and associate referrals, please keep this up!
Budget Snapshot
2012 – 2013 – forecast surplus - $1.5 Billion (now $19.4 Billion deficit) 2013 – 2014 – forecast deficit - $18 Billion 2015 – 2016 – balanced budget 2016 – 2017 – surplus
Large spending cuts required Tax Cuts planned for 2015-16 now deferred indefinitely
Key Policy Measures
Gonski Education Reform
National Disability Insurance Scheme
Tax Cuts Deferred
International Tax Reform
Funding ATO to keep everyone honest
Key Opposition Policy Measures
Abolish Carbon Tax (but retain personal income tax levels)
Abolish Mining Tax
Cut Red Tape
Delay increase in superannuation rate by 2 years
May not oppose any of the Budget ‘savings’
What’s in it for me? Individuals & Families
Baby Bonus Scrapped from 1 March 2014 – replaced with $2,000 additional Family Tax Benefit Part A payment ($1,000 for subsequent children)
Up front Discounts on HECS/HELP debts scrapped (1 January 2014)
Medicare Levy Increase to 2% to fund Disability Insurance Scheme
Tax Rate Cut Deferred Indefinitely
Individuals & Families – Tax Rate Cuts Deferred Indefinitely (until Carbon price gets above $25)
2012/13 2015/16 2015/16 (previous)
Tax Thresholds Threshold Rate Threshold Rate Threshold Rate
1 18,201 19% 18,201 19% 19,401 19%
2 37,001 32.5% 37,001 33% 37,001 33%
3 80,001 37% 80,001 37% 80,001 37%
4 180,001 45% 180,001 45% 180,001 45%
Individuals - Non-Resident Tax Rates
2012/13 2015/16 2015/16 (previous)
Tax Thresholds Threshold Rate Threshold RateThreshold Rate
1 0 32.5% 0 33% 0 33%
2 37,001 30% 80,001 37% 80,001 37%
3 80,001 37% 180,001 45% 180,001 45%
4 180,001 45%
Individuals – Net Medical Expenses Tax Offset to be phased out – Use it of Lose it!
Currently can claim 20% of excess over $5,000 of out of pocket medical expenses
Only eligible to claim it in 2014 year if you claim it in 2013 year
If considering a procedure and 2013 expenses are currently below $5,000 – bring the procedure forward (or at least pay for it) by 30 June 2013 to get over the limit and keep your eligibility open for future years.
TAX
TIP
Will be phased out altogether by 2019
Individuals – Self Education Expenses Capped at $2,000
Currently Self Education Expenses are uncapped
Proposal to Cap expenses at $2,000 from 1 July 2014
If paid by employer and not ‘salary sacrificed’ the rules will not apply
Remuneration Planning – Employers Offer to pay for education for all key employees as a ‘standard’ benefit (not salary sacrificed) (Ask Availlio for Assistance to redesign remuneration policy)
Subject to consultation
BUSINESS
Research & Development – R & D Tax Offset
R & D Tax Incentive removed for Businesses with turnover > $20 Billion
Turnover < $20 Million still able to claim refundable tax offset
From 1 January 2014 – can claim the refundable tax offset on a quarterly basis
Lodge 2013 return and R & D Tax offset early to ensure immediate availability of quarterly offsets in 2014 year
TAX
TIP
Large Companies (>$1 Billion turnover) will pay PAYG (company tax) instalments monthly from 1 January 2014
Will apply to all entities with >$20 Million turnover from 1 January 2016.
Small Business (Currently unaffected)
Monthly PAYG Instalments
Mining Exploration Deduction Tightened
Currently an immediate deduction for exploration expenses and cost of obtaining mining rights and information
Will be restricted to only Mining Rights and Information acquired from Governments and those costs incurred directly
Mining Rights and Information acquired second hand (eg acquiring a tenement) will be deductible over the lesser of 15 years or life of the asset
Trusts
ATO given a further $67.9 Million to target trusts to pick up an additional $379 Million in revenue (Good investment?)
Tax avoidance through mischaracterising and concealing income
TAX
TIP Plan 2013 trust distribution resolutions before 30 June to ensure they legally and effectively distribute income to achieve family goals
International Measures
Thin Capitalisation – ‘safe harbour’ debt level reduced from 3:1 to 1.5:1, BUT an exemption is allowed for debt deductions of less than $2 Million pa (increased from $250,000)
10% withholding tax for non-residents disposing of taxable Australian assets (excludes residential real estate of < $2.5 Million)
Further review into offshore profit shifting – waiting on OECD report
Charities
Removal of Tax Concessions for ‘commercial activities’ of charities where funds not directed back to altruistic purposes – delayed by another 2 years
New proposed start date 1 July 2014
Proposed small scale exemption of $250,000
SMALL BUSINESS
Not many changes from last year
Small Business = <$2 Million turnover
Can claim 100% of assets costing $6,500 as an immediate deduction (from 1 July 2012)
Can claim the first $5,000 of the cost of a car as an immediate tax deduction with the balance written off in a depreciation pool at 30% (15% first year) (Consider financing costs – Chattel Mortgage v Lease)
Tax Planning Initiatives for Financial Year End 2013
TAX
TIP
SMALL BUSINESS
Consider pre-paying expenses to claim the expense this year (not effective for larger businesses)
If selling a business / key business asset, speak to us first to access the small business CGT concessions to minimise tax
Tax Planning Initiatives for Financial Year End 2013
TAX
TIP
ALL BUSINESS
Loss Carry Back Rules
Not yet law but supposed to apply from 1 July 2012
If business profit and paid tax in 2012 year but loss in 2013 – carry back the loss and amend 2012 tax return to receive a refund
Deferring income / bringing forward expenses may have an even greater effect on cashflow
Tax Planning Initiatives for Financial Year End 2013
TAX
TIP
ALL BUSINESS
Defer income until after 30 June
Bring forward expenditure (subject to prepayment rules)
Ensure employee superannuation is paid before 30 June to get deduction this year
Tax Planning Initiatives for Financial Year End 2013
TAX
TIP
ALL BUSINESS
Review asset registers and scrap / write off old assets no longer used
Review stock and write down / off obsolete stock Can value individual items of stock differently
Review Debtors and write off Bad Debts before 30 June (reduces income and claim GST back)
Tax Planning Initiatives for Financial Year End 2013
TAX
TIP
ALL BUSINESS
Division 7A – Deemed Dividend Rules
Ensure interest has been paid and minimum repayments made to avoid a deemed dividend.
Consider paying an actual dividend to make the repayment
Tax Planning Initiatives for Financial Year End 2013
TAX
TIP
ALL BUSINESS
R & D Tax Offset
Contact us early to have the 2013 claim prepared
Quarterly Credits commence 1 January 2014
Tax Planning Initiatives for Financial Year End 2013
TAX
TIP
INDIVIDUALS & FAMILIES
Prepay Interest on your investment loans
Maximise Super Contributions Salary Sacrifice June salary (must organise this before you ‘earn’
the salary, or it will not be effective) Spouse Contribution Co-Contribution
Tax Planning Initiatives for Financial Year End 2013
TAX
TIP
INDIVIDUALS & FAMILIES – Employee Share Schemes
If receive employee shares or options – nearly always result in a tax liability in the year the taxing point arises
Adjust salary withholding to reduce the cash flow impact
Consider tax effective investments (incl prepaying interest) to defer the taxing point
Tax Planning Initiatives for Financial Year End 2013
TAX
TIP
INDIVIDUALS & FAMILIES – Capital Gains
Review Share / Investment Portfolio and consider selling any shares with underlying capital losses to offset gains made earlier in the year
Speak to a broker or other licensed adviser to review strategies
Tax Planning Initiatives for Financial Year End 2013
TAX
TIP
INDIVIDUALS & FAMILIES - Trusts
Review family income to end of May and likely income in June to formulate a trust distribution strategy to minimise family income
Consider commercial / asset protection and other issues (not just tax) when resolving who to distribute to
Ensure the trustee resolution is in accordance with trust deed and is effective from a tax perspective (should be recorded in writing by 30 June in some instances to be effective) – Hanrick Curran can assist
Tax Planning Initiatives for Financial Year End 2013
TAX
TIP
INDIVIDUALS & FAMILIES – Medical Expenses
Consider bringing forward planned procedures to ensure your 2013 tax offset can be claimed ($5,000 minimum out of pocket)
If no claim in 2013 – no further claims (Use it or Lose it)
Tax Planning Initiatives for Financial Year End 2013
TAX
TIP
Superannuation Update: Impact of Federal Budget 2013/ 2014 changes
Other recent changes & announcements
Financial year end tips & traps
Superannuation policy changes were announced on Friday 5 April 2013 by Minister for Superannuation, Bill Shorten
No Superannuation changes in Federal Budget 2013/2014!
Released early due to damaging press speculation about super changes
Some measures are “effective” from 5 April 2013
Concessional Super Contribution Caps (tax deductible)
Proposal to increase concessional cap to $50,000 over age 50 if < $500K in super Scrapp
ed Increase to concessional cap to $35,000 over 2 years:
* You need to be at least 59 as at 30 June 2013
Federal opposition, if elected:
Committed to eventually restoring $100,000 concessional cap from age 50(subject to “affordability” i.e. inherited state of Federal finances)
Opposition Senator Mathias Cormann “The Terminator”
Reform to Excess Contributions Tax Laws
Budget proposal: Allow withdrawal of excess concessional contributions; &
Tax at the individuals marginal personal tax rate (instead of a flat 46.5%)
Current rules for Excess Contributions Tax (ECT)
Exceed concessional contribution cap: 15% + additional 31.5% = 46.5%
Exceed non-concessional contribution cap: 46.5%
Exceed both caps: 15% + 31.5% + 46.5% = 93.0%
Only current relief is : One time only allowance for excess contributions up to $10,000
No mention of reform on taxation of excess concessional non-concessional “undeducted”contributions. i.e. Private savings (which you have already paid tax on) contributed to super in excess of $150K or $450K over 3 years if under age 65, is taxed at 46.5% as a deterrent.
99.999% of all such excess contributions are “genuine mistakes” however the ATO will not accept that argument or allow rectification of mistakes. Beware!
No tax on investment earnings of pension fund assets! Tax free interest
Tax free capital gains
Tax free dividends & franking credits refunded (30% company tax – nil super tax = 30% tax refund)
No limit on tax free earnings & capital gains!
Superannuation PensionsCurrent Taxation of Pension Funds:
Income stream (pension)
Pension: Age 60+: Tax free
Age 55 to 59: 15% tax rebate *
*based on individual circumstances
Superannuation fund investment earnings:
Interest, rent
dividends on shares
realised capital gains
Superannuation PensionsCurrent Taxation of Pension Funds:
:
Income stream (pension)
Pension: Age 60+: Tax free
Age 55 to 59: 15% tax rebate *
*based on individual circumstances
No tax on investment earnings of pension fund assets! Tax free interest
Tax free capital gains
Tax free dividends & franking credits refunded (30% company tax – nil super tax = 30% tax refund)
No limit on tax free earnings & capital gains!
Superannuation fund investment earnings:
Interest, rent
dividends on shares
realised capital gains
Income stream (pension)
Pension: Age 60+: Tax free
Age 55 to 59: 15% tax rebate *
*based on individual circumstances
Superannuation fund investment earnings:
Interest, rent
dividends on shares
realised capital gains
Proposed changes to tax exemption on pension fund earnings: Only the first $100,000 of investment earnings of a super fund per
member will be tax free
Remainder of fund earnings taxed at 15% (10% capital gains > 1 year held)
Proposed date: 1 July 2014
Proposed Taxation of Pension Funds
Capital Gains Tax relief:
For Super Fund assets purchased prior to 5 April 2013
Can sell tax free up to 1 July 2024, then
Gain that accrues from 1 July 2024 until sold is included
For Super Fund assets purchased from 5 April 2013,
Can sell tax free up to 1 July 2014, then
Gain that accrues from 1 July 2014 until sold is included
For Super Fund assets purchased from 1 July 2014,
Gain that accrues from 1 July 2014 until sold is included
Details of proposed change
Each member’s pension super balance must earn over $100K (excluding contributions) before any tax is payable
Government’s simplistic example:
Pension SMSF: Dad $1M + Mum $1M = $2M @ 5% earnings = $100K so all tax free
However, what about a large capital gain realised? e.g. on:
Real estate such as your business premises in an SMSF; or
Listed shares, managed funds & other investments
Transitional rules i.e. “grandfathering” of exemption on capital gains. Some realised capital gains may be included in $100K per member fund earnings threshold.
Proposed Taxation of Pension Funds
“Clever” strategies will no doubt emerge (depends on legislation as not seen yet)
Fund investments:
“Segregated” investments are permitted for each member (costly to administer)
Periodically selling listed shares that are accruing capital gains, before they get too large then re-buying those shares? ATO says may be tax avoidance
Member balances:
In SMSFs one spouse often has more benefits that the other
Re-allocation of “minimum benefits” is not permitted within a fund
Spouse contribution splitting (up to 85% of concessional contributions)
Withdrawal of lump sum & non-concessional re-contribution in spouses name
Must have access to large withdrawals e.g. retired & eligible to re- contribute?
? Multiple Super Funds paying pensions?
The Upside?If net capital gains realised added to other fund investment income is less than $100k earnings share per member threshold, all will still be tax free.
Even if threshold is exceeded, the excess of earnings to be taxed are taxed at 15% & 10% for capital gains (realised after 12 months)
These tax rates are the same as your current “accumulating” superannuation fund.Accumulation fund tax rates are still generally superior to tax rates for:Personal investingUse of trusts or companies
Proposed Taxation of Pension Funds
From 1 July 2012:30% tax on Concessional Contribution for individuals with “income” over $300,000
“expanded” definition of notional income to include: Gross “assessable” income + concessional superannuation contributions + Reportable fringe benefits Reportable Super Contributions (salary sacrifice) Add back investment losses
15% tax only applies to the amount of contributions that take notional income over $300,000
Concessional Contribution Caps:
Taxed at 15% in receiving superannuation fund(instead of up to 46.5% personally) e.g. 46.5% - 15% = 31.5% tax saving)
Taxed at 30% in receiving superannuation fund(46.5% - 30% = 16.5% tax saving)
Legislation still not tabled but is still to be effective for year ending 30 June 2013
Example 2012/2013:Salary: $275,000Fringe benefits: $10,000Compulsory super (9%): $16,000Salary sacrifice super: $9,000Total super contrib: $25,000Notional assessable income: $310,000
Contributions tax:Notional income: $310,000Income threshold: $300,000Excess over threshold: $10,000Tax on contributions:$25,000 @ 15% =$3,750$10,000 @ 15% = $1,500Total $5,250
Effective tax rate = $5,250/ 25,000 = 21% (46.5% - 21% = 25.5%)
Superannuation Update:
Financial year end tips & traps
Things to do by 30 June 2013
Give key staff a pay rise
from 1 July 2013?
Top up your super
contributions?
Contemplating
“off-market “
transfer of listed
shares to SMSF?
SMSF in pension phase?
Have you drawn your
minimum pension?
SUPER
TIPS
Super Contribution Tax Deductions
Top up super
contributions?
Rules for Excess Contributions Tax (ECT)
Exceed concessional contribution cap: 15% + additional 31.5% = 46.5%
Exceed non-concessional contribution cap: 46.5%
Exceed both caps: 15% + 31.5% + 46.5% = 93.0% One time only allowance for excess contributions up to $10,000
More than one source of income & super contributions?
Contribution cap is are your personal limit from all sources
Deductible limits do not apply to employers
Up to taxpayer (not employer) to ensure Contribution Cap is not exceeded
Add up
concessional
contributions
made to date
Super Contribution Tax Deductions
ATO Tax Ruling TR 2010/1: When is a super contribution
considered to have been made?
Cheque?
When the cheque is “in the hands of the trustee of the super fund”. Even if not banked e.g. by 30 June, is still “made” unless cheque is subsequently dishonored. However, Commissioner says in TR 2010/1 if cheque dated on or before 30 June in an income year, must be banked within a few business days”)
Electronic funds transfer?
Only when credited to receiving fund’s bank a/c, NOT when transferred from the contributors account. Beware internet transfers between different banks which may be next “working” day
Transfer of Assets?
“Made” when legal or beneficial ownership passes to the superannuation fund. e.g. shares, when fund receives off- market transfer form, not on later processing at share registrye.g. real estate, only when the fund is registered at the owner (titles registration)
Top up super
contributions?
“Off-Market” transfers of listed shares
Contemplating
“off-market “
transfer of listed
shares to SMSF?
BANN
ED!
Contribution to SMSF by “off-market transfer of listed shares
Timing“Made” when legal or beneficial ownership passes to the SMSF i.e. when fund receives off-market transfer form, not on later processing at share registry
Transfer at arms-length market value ASX price on the day of transfer
Are you realizing a personal capital gain that will be taxable?Off-market transfer of listed shares is a “disposal” by you for capital gains tax purposes
SMSFs no longer permitted to acquire listed
shares via “off-market” transfer from a related party from 1 July 2013
Things to do by 30 June 2013
Give key staff a
pay rise from
1 July 2013?
Increase of compulsory Superannuation Guarantee Contribution rate from 9% to 12% by 1 July 2019
From 1 July 2013 increase SGC to 9.25% of an employee’s ordinary time earnings
For salaried employees, consider “salary packaging” any increases?
Example:Cash salary: $80,000+ SGC 9% $7,200Total salary package $87,200
01/07/13 Pay increase: $3,000
Cash salary: $82,563+ SGC 9.25% $7,637
$90,200
cash salary increase $2,563 super increase $437Total spend $3,000
01/07/13 Pay increase: $3,000
Cash salary: $83,000+ SGC 9.25% $7,637
$90,637
cash salary increase $3,000 super increase $437Total spend $3,437
Salaried director of your own business?
Quarterly SGC applies to you, no exemption!
SUPER
TIPS
Drawing a retirement pension or transition to retirement pension from your SMSF?
ATO gets serious about minimum pension payment requirements
SMSF in pension
phase?
Have you drawn
your minimum
pension? Minimum pension withdrawal “in cash” must be made by 30 June 2013
(no book entries or payment in kind)
Drawing the minimum amount is a “condition” of a pension. If not satisfied, your SMSF will not enjoy tax free investment earnings, and will revert to being taxed at 15%
ATO will only allow tax free earnings status if a shortfall in pension paid if:
Shortfall is no more than 1/12th of the annual minimum pension Is corrected within 28 days of a trustee of a SMSF “becoming aware” You can demonstrate was an honest mistake You can only “self assess” such a mistake once. If you do it again, you have to apply to ATO to keep tax free pension earnings status
30 June 2013 is a Sunday! Beware last minute or weekend internet transfers between different banks which may be next “working” day in July
Things to do by 30 June 2013
SUPER
TIPS
New salary sacrifice
agreement for super
contributions?
From 1 July 2013
$25,000 or
$35,000 (age 60)
Age 65 & over & retired?
Work test is required to
be eligible to contribute to
super
Paid work of at least 40
hours within 30
consecutive days before
you can contribute
SMSF owns your business
premises?
Ensure all rent has been
paid up to date and at arms
length rate and terms.
Is a rent review required by
the lease?
Things to do by 30 June 2013
Double dividend ex-
div/cum-div strategies
to be banned from 1
July 2013
Stop it!
SUPER
TIPS
Questions?
Please feel free to contact us with any queries:
Jamie Towers, Tax Partner: [email protected]
Chris Campbell, Superannuation Director: [email protected]
07 3218 3900
Thank you
www.hanrickcurran.com.au
Disclaimer:
These notes contain factual information concerning the taxation and compliance implications of certain superannuation matters. The notes are intended as a guide only and may not apply to circumstances of particular individuals. Do not act on the contents of these notes without first obtaining specific advice from a qualified tax or legal professional about your particular circumstances.
Hanrick Curran Group, its associates and the presenter hereby disclaim any responsibility for persons relying in whole or in part on these notes or the information presented at this seminar.
The Corporations Act 2001 deems superannuation funds, self managed superannuation funds (SMSFs) and pensions to be “financial products” and may consider a recommendation to contribute to a fund, establish or join a SMSF, or to commence a pension to be financial product advice as defined by that Act. We are not licensed to give such advice. You should consider taking advice from an AFS License holder before making a decision on any financial product.