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Businesses use activity statements to report and pay a number of tax obligations, including GST, pay as you go (PAYG) instalments, PAYG withholding and fringe benefits tax. Non-business individuals who need to pay quarterly PAYG instalments also use activity statements.

Activity statements are personalised to each business or individual to support reporting against identified obligations. Activity statements for businesses may be due either quarterly or monthly. Generally, businesses can lodge and pay quarterly if annual turnover is less than $20 million, and total annual PAYG withholding is $25,000 or less. Businesses that exceed one or both of those thresholds will have at least some monthly obligations. Non-business individuals are generally required to lodge and pay quarterly.

Businesses or individuals with small obligations may be able to lodge and pay annually. Some taxpayers may receive an instalment notice for GST and/or PAYG instalments, instead of an activity statement. The Australian Taxation Office (ATO) web site provides instructions on lodging and paying activity statements. Detailed instructions are provided for each of the different tax obligations:

The Australian business number (ABN) is a single business identifier that allows businesses to deal with the Australian Taxation Office (ATO) and other government departments and agencies with one identifier.

An ABN is not compulsory and not everyone is entitled to an ABN. The following entities will need an ABN to comply with other tax obligations:

  • Businesses with GST turnover of $75,000 or more must register for GST and need an ABN to do this
  • Non-profit organisations with GST turnover of $150,000 or more must register for GST and need an ABN to do this
  • Entities seeking to be endorsed as a deductible gift recipient need an ABN to obtain that status
  • Charities seeking exemption from income tax need an ABN.
Other eligible entities may choose to register for an ABN:
  • Companies registered under the Corporations Law
  • Business entities carrying on an enterprise
  • Trustees of self-managed superannuation funds should obtain an ABN for the fund.

If an entity makes supplies of goods or services to a business, the supplier entity generally needs to quote an ABN. If the supplier does not quote an ABN, the payer may need to withhold tax from the payment.

Deductions for the decline in value of depreciating assets are available under the Uniform capital allowance (UCA) system. In addition to the rules for depreciating assets, deductions are allowed for certain other capital expenditure. Small business entities have the option of choosing simplified depreciation rules.

Land, trading stock and most intangible assets (excluding exceptions such as intellectual property and in-house software) are not depreciating assets.

The decline in value is calculated by spreading the cost of the asset over its effective life, using one of two methods:

  • Prime cost method – decline in value each year is calculated as a percentage of the initial cost of the asset
  • Diminishing value method – decline in value each year is calculated as a percentage of the opening depreciated value of the asset.

MORE: Australian Taxation Office (ATO) Decline in value calculator. For most depreciating assets, taxpayers can either self-assess the effective life, or use estimates published by the ATO. Taxpayers can recalculate, either up or down, the effective life of an asset if the circumstances of use change and the effective life initially chosen is no longer accurate. An improvement to an asset that increases its cost by 10% or more in a year may result in an obligation to recalculate the effective life of the asset.

Decline in value of cars is restricted to the car limit. From 1 July 2017 the luxury car tax threshold for luxury cars increased to $57,581. Luxury car leases are treated as a notional sale and purchase, with decline in value restricted to the car limit.

The decline in value of certain depreciating assets with a cost or opening adjustable value of less than $1,000 can be calculated through a low-value pool. The decline in value for depreciating assets in the pool is calculated at an annual diminishing value rate of 37.5%.

Capital gains tax (CGT) generally applies to CGT events that happen to CGT assets acquired after 19 September 1985. CGT is not a separate tax, it forms part of income tax.

CGT events

The most common CGT event is the disposal of an asset by selling it or giving it away. A full list of CGT events is available here.

CGT assets

A CGT asset is any kind of property, or a legal or equitable right that is not property. CGT assets include:

  • Part of, or an interest in, a CGT asset
  • Goodwill, or an interest In it
  • An interest in a partnership asset
  • An interest in a partnership, that is not an interest in a partnership asset
  • Land and buildings
  • Shares in a company
  • Units in a unit trust
  • Options
  • Debts owed to a taxpayer
  • A right to enforce a contractual obligation
  • Foreign currency.

Where a taxpayer owns an interest in a CGT asset and then acquires a further interest, the interests remain separate CGT assets. Buildings, structures and other capital improvements to land may be treated as separate CGT assets to the land. A car is a CGT asset, but any capital gain made from it is exempt from CGT (the gain may be taxable under other provisions).

Special rules apply to some kinds of CGT assets, including collectables, personal use assets, certain investments, leases and options. Working out a capital gain or loss

For most CGT events, a capital gain arises if the capital proceeds from the CGT event exceed the cost base of the CGT asset. Conversely, a capital loss arises if the reduced cost base of the CGT asset exceeds the capital proceeds from the CGT event.

The amount of a capital gain is reduced by the CGT discount if the taxpayer is an individual, trust or complying superannuation entity, and the taxpayer acquired the CGT asset at least 12 months before the CGT event. The discount percentage is as follows:

  • 50% for Australian resident individuals
  • 33 1/3% for complying superannuation entities and eligible life insurance companies
  • Special rules apply to foreign resident individuals.

Taxpayers can choose the indexation method, rather than the CGT discount, if that results in a lower capital gain. Companies are generally not eligible for the CGT discount, but can use the indexation method. Discount capital gains made by trusts can generally be passed through to presently entitled beneficiaries, who can claim the discount percentage as above. Where the trustee is taxed on a capital gain, the availability of the discount depends on the particular circumstances of the trust.

Capital losses can only be offset against capital gains, they cannot be offset against other income. Care should be taken when applying capital losses to ensure the optimum reduction of capital gains for the CGT discount and small business CGT concessions. A net capital loss in an income year is carried forward to be offset against capital gains in later income years.

Exemptions, rollovers and concessions A wide range of exemptions and rollovers apply. In addition to the generally available exemptions and rollovers, small business entities are eligible for the small business CGT concessions.

International issues

On or after 12 December 2006, a foreign resident makes capital gains only on the disposal of taxable Australian property. Temporary residents are subject to the same CGT rules as foreign residents, however some specific rules apply. Special rules apply on becoming a resident or ceasing to be an Australian resident.

Excise duty is a tax on certain types of goods that are made in Australia including alcohol, tobacco, fuel and petroleum products.

Customs duty is imposed at an equal rate on imported alcohol, tobacco, fuel and petroleum products to ensure imported and local goods are treated consistently. These goods are referred to as Excise Equivalent Goods (EEGs).

Entities who manufacture or store excisable goods must hold an appropriate licence.

MORE: See the Excise section of the ATO web site for more information.

A first home saver account (FHSA) is a special purpose account designed to help people save for their first home. Once a year, the government will make a lump-sum contribution to the FHSA, based on the amount deposited into the account during that year.

The Australian Government has abolished the first home saver accounts (FHSA) scheme and these accounts are now treated like any ordinary account. If you have an existing First Home Saver Account, don't miss out on any government contributions you may be eligible to claim - you have until 30 June 2017 to lodge your claim. From 1 July 2015:

  • You can use the balance of your account for any purpose
  • Tax concessions cease
  • Your account is included in any income and assets tests that apply to government benefits, including the family tax benefit
  • You need to report interest from your account in your tax return (starting with interest earned in the 2015–16 financial year)

Tax obligations

Up to 30 June 2015, earnings on FHSAs were taxed at 15% and paid by the account provider. As an account holder, you didn't have to declare FHSA earnings in your tax return. From 1 July 2015, FHSA's will become an ordinary account. You will need to include your earnings in your tax return and pay tax at your marginal rate.

Outstanding government contributions

If you're entitled to a government contribution for a period up to 30 June 2014 that we haven't paid yet, we'll still pay it to you (you have until 30 June 2017 to make a claim). If your account is closed, you should complete a Government contribution destination nomination form to tell us where to pay any outstanding amounts. If you don't complete this form, we'll mail you a cheque. How and when the government contribution is paid Before the government contribution can be paid two things must happen:

  • You must lodge a tax return – or, if you don't need to lodge a tax return, lodge an FHSA notification of eligibility form.
  • Your account provider must lodge an activity report with us by 31 October each year.

If you think you were entitled to a government contribution but haven't got one, check that you've met the requirements above before you contact us. Once we have that information, we have 60 days to calculate and pay the 17% government contribution. This means that many people don't receive their government contributions until January in the following year.

Maximum annual government contributions

There's a limit on how much the government contributes – this is called the maximum annual government contribution. The table below shows you how you needed to contribute in order to receive the maximum government contribution. You could deposit more but you won't receive more than the maximum annual government contribution.

Income year Deposit threshold Maximum annual government contribution
2013-14 $6,000 $6,000 x 17% = $1,020
2012-13 $6,000 $6,000 x 17% = $1,020
2011-12 $5,500 $5,500 x 17% = $935
2010-11 $5,500 $5,500 x 17% = $935
2009-10 $5,000 $5,000 x 17% = $850
2008-09 $5,000 $5,000 x 17% = $850

Compliance

The ATO continues to have responsibility to ensure the integrity of the scheme while it was active. See also:

Fringe Benefits Tax (FBT) is paid on particular benefits employers provide to their employees or their employees' associates instead of salary or wages. Benefits can be provided by an employer, an associate of an employer, or a third party by arrangement with an employer. An employee can be a former, current, or future employee.

FBT is separate from income tax and based on the taxable value of the various fringe benefits provided. The rate corresponds to the top marginal income tax rate for individuals, including the Medicare Levy (47% for the FBT year ending 31 March 2018). A complicated gross-up factor is applied in calculating the tax - the general principle is that the FBT payable should equal the income tax otherwise payable by an employee on the top marginal tax rate, on the cash salary needed to purchase the benefit (including GST) from after-tax income.

Reporting, lodging and paying FBT

The FBT year runs from 1 April - 31 March. Annual FBT returns must be lodged and tax paid by 21 May each year. Returns lodged through tax agents may qualify for extended due dates. Annual FBT liabilities of $3,000 or more are paid by quarterly instalments as part of the employer's business activity statement.

If the taxable value of certain fringe benefits provided to an employee exceeds $2,000 in an FBT year, the 'grossed-up' taxable value must be reported on the employee's payment summary for the corresponding income tax year. The following categories of fringe benefits apply, with specific valuation methods applicable to each category:

  • Board - meals provided to an employee and family members, where the employer provides accommodation and at least two meals a day
  • Car - a car made available for the private use of an employee or associate (car benefits can be valued using either the statutory formula or operating cost methods)
  • Car parking - a car parking space provided for use by an employee or associate, on either the employer's premises or in a commercial car parking station
  • Debt waiver - releasing an employee or associate from an obligation to repay a debt
  • Income tax exempt body entertainment - FBT is payable by income tax exempt employers on entertainment provided to an employee or associate by way of food, drink or recreation
  • Expense payment - paying or reimbursing a private expense incurred by an employee or associate
  • Housing - accommodation provided that is an employee's or associate's usual place of residence
  • Living-away-from-home allowance - a cash allowance paid to compensate an employee for increased costs, because the employee's duties require them to live away from their usual place of residence
  • Loan - a loan provided to an employee or associate either interest-free or at a discounted interest rate
  • Meal entertainment - entertainment provided by taxable employers by way of meals to an employee or associate
  • Property - goods provided to employees either free or at a discounted price
  • Residual - any fringe benefit (as defined) that does not fall into one of the specific categories
MORE: See the ATO web site for more on FBT categories.
Exemptions, concessions and special rules

A wide range of exemptions and reductions in taxable value apply.

Concessional valuation rules apply to 'in-house' fringe benefits The taxable value of certain fringe benefits can be reduced by employee contributions towards the cost of the benefit. Making such contributions can result in a lower overall tax liability, depending on the particular employee's tax situation and the valuation method that applies to each benefit received.

Fuel schemes provide credits and grants to reduce the costs of some fuels or provide a benefit to encourage recycling of waste oils. There are various types of schemes:

The former Energy grants credits scheme that applied to alternative fuels and diesel no longer operates for new purchases of fuel.

The General Value Shifting Regime (GVSR) applies to arrangements that shift value between assets, causing discrepancies between the market values and tax values of the assets. Most value shifts happen when parties don't deal at the market value, causing one asset to decrease while the other increases.

Three scenarios are targeted under the GVSR. Exclusions apply to small values in each of the scenarios, as follows:

Generally, the GVSR does not apply to normal commercial dealings conducted at market value, or dealings within consolidated groups. There are several other exclusions and safe harbours in the rules.

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www.leegreen.com.au

 

Level 1, 190 Fullarton Rd,
Dulwich SA 5065

Postal Address: PO Box 218
Kent Town SA 5071

Lee Green & Co Pty Ltd ACN: 008 215 094 ABN: 76 008 215 094

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