HONORARIUM & OTHER PAYMENTS TO VOLUNTEERS AND CLERGY A PAYMENTS BY A PARISH TO A LOCUM FOR TAKING SERVICES Assumption: The locum is a religious practitioner for the purposes of the Income Tax law. (Please contact the General Manager’s Office if you need further clarification of this definition or refer to https://www.ato.gov.au/Business/PAYG-withholding/Indetail/Specialised-industry-topics/Withholding-for-religiouspractitioners/?page=2 1. Payments in cash PAYG withholding is required as follows:1 If a religious practitioner is engaged to provide locum services and the period is:(a) Two days or less in a quarter (b) Two days initially and is then engaged for a further period in the same quarter (c) Continuous for more than two days in the quarter Then the religious institution must withhold:is nil from the payment for the initial two days is nil Subsequent payments will be subject to withholding according to the tax tables at https://www.ato.gov.au/Rates/Tax-tables/ an amount from the whole payment according to the PAYG withholding tax tables Payment summary must be issued and include the payment even if there was a nil withholding Example The minister of a church in a small country town is on eight weeks annual leave from 1 October 2014. The church engages three different religious practitioners to provide locum services as follows: John is engaged to provide services for the first two Sundays Hilary is engages to provide services for the next two Sundays Luke is engaged to provide services for the remaining four Sundays The church will not be required to withhold any amounts from payments made to John or Hilary, as the periods of engagement are not greater than two days in the quarter. Payments made to Luke will be subject to withholding. The church will be required to issue payment summaries to John, Hilary and Luke, showing the total amount of the payment and the amount withheld, including a nil amount. 2. Payments in Benefit Account In the Diocesan Handbook. E1 Stipends (section E1.11.) up to only 30% of a stipend can be packaged as a fringe benefit in the case of clergy who undertake “regular parish locum work”. However the term “regular” is not defined in the current Handbook. Accordingly, in line with the principle of thresholds outlined by the ATO, it is proposed the following apply and the Diocesan Handbook be amended accordingly. 2 (a) (b) (c) Engagement First two days or less per quarter performed by the locum at any Diocesan Parish or Agency during the quarter All subsequent days in a quarter Continuous for more than two days in the quarter Benefit Account 100% to the Clergy Benefit Account 30% to be Clergy Benefit Account (balance to be subject to PAYG and reporting on payment summary) 30% to be Clergy Benefit Account (balance to be subject to PAYG and reporting on payment summary) A quarter is a period of three months ending 31 March, 30 June, 30 September or 31 December Therefore in answer to the specific examples (page 2, dot point 1): Parish to issue Payment Summary in respect of all non-Benefit account payments made, other than those described in 1(a) above. Benefit components are limited to being 30% as set out in 2(b), and 2(c), or 100% as set out in 2(a). Benefit components are not reportable by the Parish. Clergy are responsible for the declaration of non-Benefit payments in their tax returns. B PAYMENTS TO CLERGY FOR WEDDINGS AND FUNERALS Assumption: The locum is a religious practitioner for the purposes of the Income Tax law. (Please contact the General Manager’s Office if you need further clarification of this definition or refer to https://www.ato.gov.au/Business/PAYGwithholding/In-detail/Specialised-industry-topics/Withholding-for-religiouspractitioners/?page=2 1. Payments made by the Parish for weddings and funerals These would be treated as salary and subject to ordinary withholding and benefit component limitation rules (refer Section A) 2. Payments in cash from third party for services (excluding chaplaincy and counselling services) Examples of payments made by a third party for services other than chaplaincy and counselling services include: Payments made by funeral director for the provision of funeral services Payments made by a wedding broker for a wedding Page 2 For those payments, the Parish is not required / responsible for including these amounts on withholding statements nor required to record them from a tax point of view. However, the payments do form part of the assessable income of the clergy recipient and should be included in their personal tax return. 3. Payments in cash from a third party for chaplaincy and counselling services (eg. At weddings and funerals) Any payments made by a third party that total more than $100 paid weekly (from the same payee) for chaplaincy or counselling type services are potentially subject to “ABN withholding” by the entity, However, the onus is on the payer (third party) to comply, not the clergy recipient of the payment. The requirements are summarised under the Statement of Supplier in Section D below. However the payments do form part of the assessable income of the clergy and should be included in their personal tax return. C 1. NON CLERGY “HONORARIUM” AND “OUT OF POCKET” PAYMENTS What is an “honorarium”? The ATO view is that the amount of an honorarium is not a conclusive factor in deciding whether it is assessable income to the recipient. The more important factor is the occupation of the recipient in relation to the nature of the honorarium. In addition, the nature of the payment is important. If a payment to an individual is merely or specifically aligned with expected “out of pockets”, then it is likely to be a non-assessable honorarium. 2. Payments to Organist (hobby only, not a professional organist) Payments made to a Parish Organist who is not a professional organist or musician would generally be a genuine honoraria for voluntary services rendered and not assessable income as the payments are not relied upon nor have a connection to the person’s income producing activities. Where the payment displays the following characteristics it will be an non-assessable honorarium: The payment has no connection to the recipient’s income producing activities or services. The payment is not received as remuneration or as a consequence of employment. The payment is not relied on or expected by the recipient for day-to-day living. The payment is not legally required or expected. There is no obligation on the part of the payer to make the payment. Further, using a professional fee comparison as an example, a fee paid of $50 per service is not in line with commercial rates of approximately $150 - $250 per session. Page 3 3. Payments to Sound and Video Operators (hobby only, not connected to a professional occupation) Similarly payments made to a Sound and Video Operator would be genuine honoraria for voluntary services rendered and not assessable income where the payments are not relied upon nor have a connection to the person’s income producing activities. The payments to a Sound and Video Operator would be an honoraria where they display the characteristics described in C(2) above. 4. Payments to Parish Musician (where activity is connected to professional occupation) As set out above, a payment to a Parish Musician will not be assessable income where: The payment does no more than reimburse the volunteer for expenses actually incurred. The payment is not for a supply made in the course of an enterprise of the volunteer. Where a Parish musician is a professional musician, it is expected that the payment would be assessable to the Musician (albeit subject to travel and other expenses being deducted). However the assessability in the hands of the Musician is a concern for the Musician. There would generally not be an employee/employer relationship. In order to ensure withholding is not required, a Statement of Supplier should be obtained from the Parish Musician (and any other persons performing services on a regular basis even if the payments are genuine honorariums). 5. Reimbursements The ATO states that if an organisation reimburses a volunteer for using a personal asset or incurring expenses on its behalf, the reimbursement will not be assessable income of the volunteer, provided: The payment does no more than reimburse the volunteer for the expenses actually incurred The payment is not for a supply made in the course of an “enterprise” (a business or income activity) of the volunteer. Volunteer Australia suggest that organisations should require volunteers to vouch expense with receipts. A draft expense vouching template is attached. Suggested rates for car travel reimbursement for volunteers would be those set by the Taxation Office, refer https://www.ato.gov.au/Individuals/Tax-return/2014/Taxreturn/Deduction-questions-D1-D10/D2---Work-related-travel-expenses/. For the June 2014/15 year, they are:Rates per business kilometer Engine capacity Ordinary engine 1.6 litre (1600cc) or less 1.601 – 2.6 litre (1601 – 2600cc) 2601 litre (2601cc) and over Rotary engine 0.8 litre (800cc) or less 0.801 – 1.3 litre (801 – 1300cc) 1301 litre (1301cc) and over Cents per kilometre 65 cents 76 cents 77 cents Page 4 D 1. STATEMENT BY A SUPPLIER Statement by a Supplier not quoting an ABN When a Parish makes payments to suppliers for goods or services to the business, those suppliers generally need to quote an Australian business number (ABN). They can quote their ABN on an invoice or some other document that relates to the goods and services they provide. If a supplier does not provide its ABN, the payer may need to withhold an amount from the payment for that supply. This is referred to as 'no ABN withholding'. Certain suppliers are not required to quote an ABN to a payer. In these cases, the suppliers can use a Statement by a Supplier form to justify and document that withholding is not required to be deducted from the payment. Having all recipients of honorarium payments provide a Statement by Supplier on the first payment instance is the best evidence that the Parish has sought to ensure the payment is correctly treated. 2. Who can complete a Statement by a Supplier form? An individual or a business that supplies goods or services can only complete a Statement by a supplier form, if one of the following applies: (a) they are not carrying on an enterprise in Australia (b) they are an individual under 18 years and the payment does not exceed $350 per week (c) the payment does not exceed $75, excluding any goods and services tax (GST) (d) the supply that the payment relates to is wholly input taxed (e) they are an individual and a written statement is provided to the payer to the effect that the supply is either o made in the course or furtherance of an activity done as a private recreational pursuit or hobby o wholly of a private or domestic nature (f) they are an individual or a partnership without a reasonable expectation of profit or gain (g) they are not entitled to an ABN as you are not carrying on an enterprise in Australia (h) the whole of the payment is exempt income. 3. Who can not complete a Statement by a Supplier form? Suppliers cannot use this form if any of the following apply: (a) they are receiving payments for the supply as an employee (b) their activity is not wholly of a private or domestic nature (c) they are receiving payments for the supply as a company director or office holder (d) they are receiving payments for the supply under a labour hire arrangement or specified payment (e) they are receiving payments for the supply as a religious practitioner (f) they are entitled to an ABN for the relevant activity Page 5 E USEFUL WEBSITE LINKS Volunteering Australia – fact sheet on volunteers & tax http://www.volunteeringaustralia.org/wpcontent/files_mf/1377053078VAManagersvolunteersandtaxinformationsheet.pdf Australian Tax Office - Payments to Volunteers https://www.ato.gov.au/Non-profit/Employees,-volunteers-and-other-workers/Indetail/Employees,-volunteers---other-workers/Volunteers/Volunteers-and-tax/ Statement by a Supplier https://www.ato.gov.au/uploadedFiles/Content/MEI/downloads/BUS38509n3346_5_2012.pdf Australian Tax Office - Car travel reimbursement rates https://www.ato.gov.au/Individuals/Tax-return/2014/Tax-return/Deduction-questions-D1D10/D2---Work-related-travel-expenses/. VOLUNTEER EXPENSE VOUCHING FORM Parish & Church Name Volunteer Name Position / Activity Date purchased Cost $ Retail outlet Description of item Invoice attached? Yes / No Please provide a tax invoice if possible to assist the parish in obtaining the GST credit. Please remit reimbursement to:By cheque By Direct Credit Payable to: BSB: Account number: Account Name Volunteer Name Signature Date Parish approvals Name Name Signature Signature Date Date Page 6
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