AAT 2015-16 Budget Measures Current status of Budget Announcements Current update: 14 July 2015 Contents Click to go directly to an item Small business company tax cut .................................................................................................................................................................................. 3 Unincorporated small businesses tax cut.................................................................................................................................................................... 4 $20,000 immediate deduction .................................................................................................................................................................................... 5 Fringe Benefits Tax exemption on electronic devices ................................................................................................................................................. 9 Capital Gains Tax rollover exemption for changes to company structures .............................................................................................................. 11 Start-up deductions ................................................................................................................................................................................................... 13 Crowd-sourced funding ............................................................................................................................................................................................. 14 Accelerated depreciation for primary producers ...................................................................................................................................................... 14 Regulation reform foreshadowed ............................................................................................................................................................................. 18 1 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 GST compliance ......................................................................................................................................................................................................... 19 Streamlining business registration ............................................................................................................................................................................ 20 Tax red tape reduction .............................................................................................................................................................................................. 20 GST on downloads ..................................................................................................................................................................................................... 22 N-f-p Fringe benefits tax............................................................................................................................................................................................ 24 Dividend Imputation.................................................................................................................................................................................................. 27 Multinational tax shifting .......................................................................................................................................................................................... 28 Company tax disclosure............................................................................................................................................................................................. 30 Medicare levy low-income ........................................................................................................................................................................................ 33 Family Tax Benefit A and B ........................................................................................................................................................................................ 36 Release for terminal illness ....................................................................................................................................................................................... 38 Regulatory changes ................................................................................................................................................................................................... 39 Fly-in Fly-out employees ........................................................................................................................................................................................... 46 Working holiday visa ................................................................................................................................................................................................. 47 Work-related car expenses ....................................................................................................................................................................................... 49 ODA employees income tax exemption .................................................................................................................................................................... 50 Employee Share Ownership Schemes ....................................................................................................................................................................... 53 2 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 Applies to Measure Small Business Small business company tax cut Budget Announcement Initial detailed announcement – May 2015 As promised, the Budget cuts The 2015-16 Budget the nominal company tax announced that the tax rate rate for small businesses by for small businesses with a 1.5 per cent to 28.5 per cent. turnover of less than $2 The company tax rate will million will be cut to 28.5 per fall to 28.5 per cent for cent. companies with aggregated annual turnover less than $2 Companies with an aggregated annual turnover million. Companies with an of $2 million or above will aggregated annual turnover continue to be subject to the of $2 million or above will continue to be subject to the current 30 per cent tax rate on all their taxable income. current 30 per cent rate on all their taxable income. The changes apply from the 2015–16 income year. See: ATO: Growing Jobs and Small Business - tax cuts for small business Latest announcement and current status Tax Laws Amendment (Small Business Measures No. 1) Bill 2015 Passed Both Houses: 15/06/15 Legislation passed. Received royal assent 22 June 2015. Act no.: 66 Year: 2015. Will apply for the 2015-16 income year. Summary Amends the: Income Tax Rates Act 1986 to reduce the company tax rate from 30 per cent to 28.5 per cent for companies that are small business entities with an aggregated turnover of less than $2 million; and Income Tax Assessment Act 1936, 3 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 Income Tax Assessment Act 1997, Income Tax Rates Act 1986 and proposed Tax and Superannuation Laws Amendment (2015 Measures No. 1) Act 2015 to make consequential amendments. See: Tax Laws Amendment (Small Business Measures No. 1) Bill 2015 Small Business Unincorporated small businesses tax cut Unincorporated small businesses will receive a 5 per cent tax discount of up to $1,000 per annum (at a cost to the Government of $1.8 billion); Unincorporated businesses will receive a five per cent tax discount on income from unincorporated small business activity. The discount will be capped at $1,000 per individual for Unincorporated businesses which are not eligible for the small business tax cut to 28.5 per cent (above) will receive a cut in personal income tax capped at $1000, under changes announced in the 2015-16 Budget. Individual taxpayers with business income from an unincorporated business that has an aggregated annual turnover of less than This measure is not yet law. Legislation - Tax Laws Amendment (Small Business Measures No. 3) Bill 2015 was introduced to Parliament on 24 June 2015 and has received second reading in House of Representatives. See: Tax Laws Amendment (Small Business Measures No. 3) Bill 2015 4 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 each income year, and delivered as a tax offset. $2 million will be eligible for a small business tax discount. The discount will be five percent of the income tax payable on the business income received from an unincorporated small business entity. The discount will be capped at $1,000 per individual for each income year and delivered as a tax offset. The discount applies to sole traders, trusts and partnerships The start date for this measure is the 2015–16 income year. See: ATO: Growing Jobs and Small Business - tax cuts for small business (tax discount for unincorporated business) Small Business $20,000 immediate deduction All small businesses will receive an immediate The 2015-16 Budget contained a new concession Tax Laws Amendment (Small Business Measures no. 2) bill 5 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 deduction on any asset costing less than $20,000 bought between Budget night and 30 June 2017 (at a cost of $1.75 billion). The $20,000 limit on small business tax deductible items can be applied to as many items as a business likes, up to $20,000. Any assets over $20,000 which are not eligible for the concessional treatment can be added together (‘pooled’) and depreciated at the existing rate of 15 per cent in the first income year, and 30 per cent per year thereafter. If the value of the pool is below $20,000 before the end of June 2017, it can be immediately deducted. Small business work-related portable electronic devices will be made FBT free. allowing small businesses to immediately deduct the cost of assets costing less than $20,000. Since the Budget further details of the concession have been announced. Announcements have not so far indicated whether there will be a cap on the total value of assets each under $20,000 which can be deducted. Under the measure: Small businesses with aggregated annual turnover of less than $2 million can immediately deduct each asset that costs less than $20,000. The measure will apply to assets acquired from 7.30 pm on 12 May 2015 until 30 June 2017. This replaces the previous instant asset write- 2015 Progress of legislation: Finally passed both Houses 15/06/15 Received Royal Assent 22 June 2015. Act no.: 67 Year: 2015 Summary Amends the: Income Tax Assessment Act 1997 and Income Tax (Transitional Provisions) Act 1997 to temporarily increase the threshold under which certain depreciating assets, costs incurred in relation to depreciating assets and general small business pools can be written off; and Income Tax Assessment Act 1997 to: make consequential amendments; enable primary producers to claim an immediate deduction for capital expenditure on water 6 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 off threshold of $1,000. Small businesses can elect to use the ‘simplified depreciation rules’ which allow small businesses to immediately deduct the cost of assets acquired for less than $1,000. Assets that cost over $1,000 can be added to a small business pool with a percentage of the pool balance at year end being deducted. Assets excluded from these deduction rules include horticultural plants and in-house software allocated to a software development pool. In most cases specific depreciation rules apply to these excluded assets. Assets that cost $20,000 or more (which can't be immediately deducted) can be deducted over time using a small business pool. Under the facilities and fencing assets; and deduct capital expenditure on fodder storage assets over three years. See: Tax Laws Amendment (Small Business Measures No. 2) Bill 2015 Growing Jobs and Small Business - expanding accelerated depreciation for small businesses The Government has proposed to expand accelerated depreciation by allowing small businesses with an aggregated annual turnover of less than $2 million to immediately deduct each asset that cost less than $20,000. The measure will apply to assets acquired from 7.30pm, 12 May 2015 until 30 June 2017. 7 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 pooling mechanism a deduction for 15 per cent of the cost is allowed in the first income year with a 30 per cent deduction allowed for each income year thereafter. The balance of a small business pool can also be immediately deducted if the balance is less than $20,000 at the end of an income year that ends on or after 12 May 2015 but on or before 30 June 2017 (including existing pools). The current 'lock out' laws for the simplified depreciation rules (these prevent small businesses from re-entering the simplified depreciation regime for five years if they have opted out) are suspended until 30 June 2017. All assets (including new and second hand) will This will replace the previous instant asset write-off threshold of $1,000. The balance of a small business pool can also be immediately deducted if the balance is less than $20,000 at the end of an income year that ends on or after 12 May 2015 and on or before 30 June 2017 (including existing pools). The Government will also suspend the current 'lock out' laws for the simplified depreciation rules (these prevent small businesses from re-entering the simplified depreciation regime for five years if they have opted out) until 30 June 2017. Assets excluded from these depreciation rules include horticultural plants and inhouse software allocated to a software development 8 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 be eligible, except for a small number of exclusions which receive different depreciation treatment. (See excluded assets above). Both new and old/second hand assets are eligible for an immediate deduction. GST inclusive or exclusive? If the entity is registered for GST then the GST exclusive amount is taken to be the cost of the asset. Where the entity is not registered for GST then the GST inclusive amount is taken to be the cost of the asset. See: ATO: Growing Jobs and Small Business - expanding accelerated depreciation for small businesses Small Business Fringe Benefits Tax exemption on electronic The Government will allow a fringe benefits tax (FBT) Growing Jobs and Small Business - changes to the pool. In most cases specific depreciation rules apply to these excluded assets. Assets that cost $20,000 or more (which can't be immediately deducted under other provisions) can be deducted over time using a small business pool. Under the pooling mechanism a deduction for 15 per cent of the cost is allowed in the first income year with a 30 per cent deduction allowed for each income year thereafter. See: ATO: Growing Jobs and Small Business - expanding accelerated depreciation for small businesses The measure is contained in Tax Laws Amendment (Small 9 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 devices exemption from 1 April 2016 for small businesses with an aggregated annual turnover of less than $2 million that provide employees with more than one qualifying work-related portable electronic device, even where the items have substantially similar functions. fringe benefit tax system for work-related electronic devices In the 2015–16 Budget, the Government announced that it will allow a fringe benefits tax (FBT) exemption from 1 April 2016 for small businesses with an aggregated annual turnover of less than $2 million that provide employees with more than one qualifying work-related portable electronic device, even where the items have substantially similar functions. Currently, an FBT exemption can apply to more than one portable electronic device used primarily for work purposes, but only where the devices perform substantially different functions. Business Measures No. 3) Bill 2015. The Bill and Explanatory memorandum were tabled in Parliament on 24 June 2015. If the measure becomes law it will commence on 1 April 2016. Until then the current FBT law will continue to apply. The current law will apply to all portable electronic devices provided to employees for work-related use before 1 April 2016. Who is eligible? Any business that meets the definition of a small business entity, that is one with an aggregated turnover less than $2 million, may be eligible. What is the current law? Currently, an FBT exemption 10 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 Removing the restriction that a tax exemption is only provided for one workrelated portable electronic device of each type will remove confusion where there is a function overlap between different products (such as between a tablet and a laptop). Legislation and supporting material Legislation is currently being developed for this measure. See: ATO: Growing Jobs and Small Business - changes to the fringe benefit tax system for work-related electronic devices Small Business Capital Gains Tax rollover exemption for changes to company structures There will be a new small business Capital Gains Tax rollover relief when changing The Government will allow small businesses with an aggregated annual turnover can apply to only one portable electronic device used primarily for work purposes per FBT year where the devices have substantially identical functions. What will change? An FBT exemption will be allowed for small businesses providing their employees with multiple work-related devices after 1 April 2016, even where the items have substantially similar functions. See: ATO: Growing Jobs and Small Business - changes to the fringe benefit tax system for work-related electronic devices Legislation for this measure has not yet been drafted. 11 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 their legal structures. of less than $2 million to change their legal structure without attracting a capital gains tax (CGT) liability at that point, under changes announced in the 2015-16 Budget. See: ATO: Growing Jobs and Small Business - capital gains tax roll-over relief for changes to entity structure CGT roll-over relief is currently available for individuals who incorporate but all other entity type changes have the potential to trigger a CGT liability. This measure recognises that new small businesses might choose an initial legal structure that they later find does not suit them when the business is more established, the Government said. The changes apply from the 2016–17 income year. See: ATO: Growing Jobs and Small Business - capital gains tax 12 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 roll-over relief for changes to entity structure Small Business Start-up deductions Start-ups will be allowed to immediately deduct professional expenses incurred when they start a business. See: Budget 2015: Supporting small business growth The 2015–16 Budget announced the Government will allow a start-up company, trust or partnership to immediately deduct a range of professional expenses associated with starting a new business, such as professional, legal and accounting advice. Previously some professional costs associated with a new business start-up were apportioned over a five year period. This change applies from the 2015–16 income year. The measure is contained in Tax Laws Amendment (Small Business Measures No. 3) Bill 2015. The Bill and Explanatory memorandum were tabled in Parliament on 24 June 2015. If the measure becomes law it apply from the 2015-16 income year. See: ATO: Growing Jobs and Small Business - allow immediate deductibility for professional expenses See: ATO: Growing Jobs and Small Business - allow immediate deductibility for professional expenses 13 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 Small Business Crowd-sourced funding Obstacles to crowd-sourced equity funding will be reduced to help promote small businesses access to finance. The Government will provide $7.8 million over four years from 2015-16 to the Australian Securities and Investments Commission to implement and monitor a regulatory framework to facilitate the use of crowdsource equity funding (CSEF), including simplified reporting and disclosure requirements. Ministerial media Release: Government step closer to crowd source equity funding model (February 2015) Treasury Consultation: Crowd-sourced equity funding (December 2014) See: Budget 2015: Supporting small business growth Rural Accelerated depreciation for primary producers The Government will allow all primary producers to immediately deduct capital expenditure on fencing and The operation of tax depreciation measures for farmers, announced in the federal Budget has been 14 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 water facilities such as dams, tanks, bores, irrigation channels, pumps, water towers and windmills. The Government will also allow primary producers to depreciate over three years all capital expenditure on fodder storage assets such as silos and tanks used to store grain and other animal feed. These changes will be for income years commencing on or after 1 July 2016. Currently, the effective life for fences is up to 30 years, water facilities is three years and fodder storage assets is up to 50 years. The measure is estimated to have a cost to revenue of $70.0 million over the forward estimates. brought forward. Instead of starting on 1 July 2016 as announced in the Budget the measures will now apply to the current financial year, from the day the Budget was delivered, 12 May 2015. Agriculture Minister Barnaby Joyce said farmers can now claim a tax deduction on all capital expenditure on water facilities, fodder storage assets and fencing incurred since the Budget was handed down on May 12. “Farmers can fully deduct the cost of water facilities and fencing in the year they are purchased and deduct the cost of fodder storage assets over three years,” Mr Joyce said. “Australian small businesses got a boost on Budget night being able to immediately claim accelerated 15 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 depreciation on business assets costing up to $20,000. Farms with turnover of less than $2 million qualify as a small business and are therefore also eligible to immediately write-off all asset purchases up to $20,000. “Following broad consultation, stakeholders told us they wanted to get on with building fences, dams and fodder storage as soon as possible. “Our decision to bring forward the start date of accelerated depreciation for all farmers, regardless of the size of their farm, allows them to prepare for drought and invest in the productivity of their farms immediately. See: Ministerial Media Release: Depreciation for farmers 16 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 brought forward The law commenced 7.30 pm AEST 12 May 2015 and will cease on 30 June 2017. See: ATO: Growing Jobs and Small Business - expanding accelerated depreciation for small businesses Tax Laws Amendment (Small Business Measures no. 2) bill 2015 Progress of legislation: Finally passed both Houses 15/06/15 Received Royal Assent 22 June 2015 Act no.: 67 Year: 2015 Summary Enable primary producers to claim an immediate deduction for capital expenditure on water 17 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 facilities and fencing assets; and deduct capital expenditure on fodder storage assets over three years. See: Tax Laws Amendment (Small Business Measures No. 2) Bill 2015 See: ATO: Growing Jobs and Small Business - expanding accelerated depreciation for small businesses Small Business Regulation reform foreshadowed The Government will release a consultation paper later in 2015 on potential changes to the Corporations Act to reduce any unnecessarily burdensome or restrictive regulatory requirements for small businesses. See: Budget 2015: Supporting small business growth 18 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 Business GST compliance The Government will provide $265.5 million to the Australian Taxation Office over three years from 201617 to continue a range of activities to promote GST compliance. The measure is estimated to increase revenue by $2.5 billion and expenses by $2.1 billion with a net improvement to the Budget of $445.0 million. The revenue includes an additional GST component of $1.8 billion which will be paid to the States and Territories. Commonwealth tax receipts also increase as GST compliance activity leads to the increased collection of unpaid debts from income tax. See: Budget 2015: Making the tax system fairer The 2015-16 Budget announced the existing GST compliance program will be extended for three years to support the Australian Tax Office (ATO) in identifying fraudulent GST refunds, under reporting of GST liabilities, failure to lodge GST returns and outstanding GST debts. The Government said the extension will help deter the black economy. The measure is expected to increase GST collections by $1.8 billion, to be paid to the states and territories and other revenue by including increased income tax collections $700 million. The ATO will receive an additional $265.5 million to extend the program. See: Budget Paper No 2 - Budget 19 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 Measures - Revenue: GST — compliance programme — three year extension Business Business Streamlining business registration Tax red tape reduction The Government will provide $32.4 million over five years from 2014-15 (including capital of $13.5 million over three years from 2014-15) for the Australian Taxation Office, Australian Securities and Investments Commission and the Department of Industry and Science, to develop a single online portal for business and company registration; publish new computer code to enable developers to build new registration software; and reduce the number of business identifiers. See: Budget Paper No 2: Budget Measures: Part 2 Expenses Treasury The Budget says the Reducing red tape - reforms See: 20 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 Government will provide $130.9 million over four years (including capital of $35.6 million) “to deliver an improved experience for clients in their dealings with the Australian Taxation Office (ATO).” Red tape will be reduced and future administrative savings delivered through investment in: - a digital by default service for provision of information and making payments, - improvements to data and analytics infrastructure; and enhancing streamlined income tax returns through the myTax system for taxpayers with more complex tax affairs. See: to the Australian Taxation Office In the 2015–16 Budget, the Government announced it will provide funding over four years to deliver an improved experience for clients in their dealings with the Australian Taxation Office (ATO). Red tape will be reduced and future administrative savings delivered through investment in three foundational initiatives: a digital by default service for provision of information and making payments, improvements to data and analytics infrastructure and enhancing streamlined income tax returns through the myTax system for taxpayers with more complex tax affairs. The package of service improvements supports the Government's commitment ATO: Reducing red tape reforms to the Australian Taxation Office 21 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 2015-16 Budget Paper No 2: Expense Measures page 176 Business GST on downloads GST will be extended to downloads from overseas suppliers of digital products and services imported by consumers from 1 July2017. The measure is estimated to increase GST revenue of $350.0 million over the forward estimates period. GST is collected by the Commonwealth on behalf of the states and territories and to reduce red tape and forms part of the Government's digital transformation agenda. This measure delivers on the Government's election commitment. Legislation and supporting material Legislation is currently being developed for this measure. See: ATO: Reducing red tape reforms to the Australian Taxation Office The 2015-16 Budget anounced that GST will be extended to downloads from overseas suppliers of digital products and services imported by consumers from 1 July 2017. The measure is estimated to increase GST revenue of $350.0 million over the forward estimates period. GST is collected by the The Government has released draft legislation for consultation amendments to the goods and services tax (GST) to ensure that digital products and services provided to Australian consumers receive equivalent GST treatment whether they are provided by Australian or foreign entities. 22 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 the change will require the unanimous agreement of the States and Territories prior to the enactment of legislation. See: Treasurer's Media Release: Strengthening our taxation system Budget Paper No 2: Budget Measurers - Revenue Measures page 20 Commonwealth on behalf of the states and territories and the change will require the unanimous agreement of the States and Territories before the enactment of legislation. An exposure draft of the legislation and explanatory memorandum of the proposed law were released for consultation on 12 May 2015. Closing date for submissions is 7 July 2015. Submissions on the digital products measure close on 7 July 2015. Submissions on the draft legislation closed 7 July 2015. See: Treasury Consultation: Tax integrity: Extending GST to digital products and other services imported by consumers The proposed amendments: make the supply of anything other than goods or real property to an entity that is not registered or required to be registered for GST potentially subject to GST if that entity is an Australian resident; provide that the GST will be payable on certain electronic supplies to which the above applies, by the operator of the service 23 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 through which the supply is made to the consumer rather than the actual supplier; and allow for the making of regulations to provide simplified rules for registration, tax periods and GST returns for entities to which the proposed amendments apply. Not for profit sector N-f-p Fringe benefits tax See: Treasury Consultations: Tax Integrity: Extending GST to digital products and other services imported by consumers ATO: GST - applying to digital products and services imported by consumers The Budget confirms the pre- The 2015-16 Budget Budget announcement by confirmed the pre-Budget Assistant Treasurer Josh announcement by Assistant Frydenberg that the present Treasurer Josh Frydenberg uncapped FBT concession for that the present uncapped food and drink, Fringe Benefits Tax (FBT) entertainment and travel, concession for food, drink Federal Treasury has released a consultation paper on limiting fringe benefits tax concessions on salary packaged entertainment benefits in 24 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 will be capped at $5000 a year. The existing capped $30,000 FBT concession ($17,000 for public hospital employees) which can be used for school fees, mortgages and rent, will remain unchanged. The decision goes part-way to accepting the Productivity Commission’s 2010 recommendation that the uncapped FBT concession be absorbed into the capped concession. See: Budget 2015 - Fairness in Tax and Benefits Budget Paper No 2 Revenue Measures page 22 and entertainment for not for profit employees, will be capped at $5000 a year. The existing capped $30,000 FBT concession ($17,000 for public hospital employees) which can be used for school fees, mortgages and rent, will remain unchanged. The decision goes part-way to accepting the Productivity Commission’s 2010 recommendation that the uncapped FBT concession be absorbed into the capped concession. Under the changes employees will be allowed a separate single grossed-up cap of $5,000 for salary sacrificed meal, entertainment and entertainment facility leasing expenses (meal entertainment benefits). Meal entertainment benefits exceeding the separate AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 the Not for Profit sector. The draft legislation and explanatory material put in place the 2015-16 Budget measures that will apply from 1 April 2016. “The measure will introduce a separate single grossed-up cap of $5,000 for salary packaged meal entertainment and entertainment facility leasing expenses (entertainment benefits) for employees of public benevolent institutions, health promotion charities and employees of public and Not for Profit hospitals and public ambulance services,” Treasury said. “Currently these employees can salary package entertainment benefits with no FBT payable by the employer and without the benefits being reported. All 25 grossed up cap of $5,000 can also be counted in calculating whether an employee exceeds their existing FBT exemption or rebate cap. All use of meal entertainment benefits will become reportable. Before the Budget employees of public benevolent institutions and health promotion charities had a standard $30,000 FBT exemption cap (this will be $31,177 for the first year of the measure, due to the Temporary Budget Repair Levy) and employees of public and not for profit hospitals and public ambulance services had a standard $17,000 FBT exemption cap ($17,667 for the first year). salary packaged entertainment benefits will also become reportable fringe benefits.” The consultation period ends on 21 August 2015. See: Treasury consultation: Limiting fringe benefits tax concessions on salary packaged entertainment benefits In addition to these FBT exemptions, these employees can salary 26 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 sacrifice meal entertainment benefits with no FBT payable by the employer and without it being reported. Employees of rebatable not for profit organisations can also salary sacrifice meal entertainment benefits, but the employers only receive a partial FBT rebate, up to a standard $30,000 cap ($31,177 for the first year). The measure will apply from 1 April 2016 to coincide with the start of the FBT year. See: ATO: FBT - Introducing a cap for salary sacrificed meal entertainment and entertainment facility leasing expenses Business Dividend Imputation Franking credits (which had been speculated before the Budget as a possible target for cuts) will remain unchanged at 30 per cent for 27 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 all companies, maintaining the existing arrangements for investors. Business Multinational tax shifting The Budget contains a new general anti- tax avoidance measure aimed at multinationals using overseas lowtax havens to avoid paying tax on their Australian operations. However – as widely foreshadowed before the Budget – the measure contains no revenue forecasts. It appears to be vague and is likely to be seen as a ‘holding measure’ to show the Government is doing something on this controversial matter while waiting for the OECD and G20 to agree on coordinated policies against overseas tax shifting. The measure will apply to companies with global revenue of $1 billion or more The Government has released draft legislation for consultation on changes to the tax law to stop multinationals using artificial or contrived arrangements to avoid a taxable presence in Australia. Submissions on the multinational tax avoidance measure closed on 9 June 2015. See: Treasury Consultation: Tax Integrity: Multinational Anti-avoidance Law ATO: Combatting multinational tax avoidance a targeted anti-avoidance law 28 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 The Budget Papers say the Government “will introduce a new targeted antiavoidance law in Part IVA of the Income Tax Assessment Act 1936 aimed at multinationals that artificially avoid having a taxable presence in Australia. The new law will apply to tax benefits obtained from 1 January 2016 (under both new and existing schemes). This measure is estimated to have an unquantifiable gain to revenue over the forward estimates period.” The new law will target approximately 30 companies where: the activities of an Australian company or other entity are integral to an Australian customer’s decision to enter into a contract; the contract is 29 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 formally entered into with a foreign related party to that entity; and the profit from the Australian sales is booked overseas and subject to no or low global tax. “Where such arrangements are entered into for a principal purpose of avoiding tax, this measure will ensure that the profits from Australian sales are taxed in Australia,” according to the Budget. Business Company tax disclosure See: Budget 2015: Fairness in tax and benefits Budget Paper No 2: Budget Measures - Revenue Measures The Government will implement the Organisation for Economic Co-operation and Development’s new transfer pricing Combatting multinational tax avoidance - new transfer pricing documentation standards In the 2015–16 Budget, the New transfer pricing documentation standards In the 2015–16 Budget, the government announced it will implement the 30 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 documentation standards from 1 January 2016. The Government will provide the Australian Taxation Office (ATO) with $11.3 million to implement the new standards. It will have an “unquantifiable gain to revenue over the forward estimates.” See: Budget Paper No 2 - Budget Measures: Revenue Measures Government announced it will implement the Organisation for Economic Co-operation and Development's (OECD) report released in September 2014 on Action Item 13 of the G20/OECD Base Erosion and Profit Shifting Action Plan recommends standard transfer pricing documentation for multinationals including a master file, local file and Country-by-country (CbC) Report. Large multinationals with global revenue of more than $1 billion will be required to meet these new reporting requirements. They will be required to be lodge within 12 months of their income tax year-end. The reporting requirements come into effect for taxpayers for their first Organisation for Economic Cooperation and Development's (OECD's) new transfer pricing documentation standards (commonly referred to as Country-byCountry (CbC) reporting). This will include a master file, local file and Countryby-Country (CbC) report. The standard was recommended under Action Item 13 of the G20/OECD Base Erosion and Profit Shifting Action Plan. These new reporting requirements apply to companies with global revenue of $1 billion or more. They will be required to lodge the documents with the ATO within 12 months of their income tax year-end. The reporting requirements will come into effect for the first income tax year beginning on or after 1 January 2016. 31 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 income tax year beginning on or after 1 January 2016. The CbC report contains specific information which relates to the multinational’s global allocation of income, tax paid and certain other indicators relevant to the geographic location of the economic activity (e.g. no. of employees) within the group. The master file contains standardised information about the multinational group. The local file provides information relevant for transfer pricing compliance, for material transactions for the subsidiary/taxpayer and also provides detailed information about the local taxpayer's intercompany transactions. Information provided to the ATO and exchanged with treaty partners will be subject to the same privacy The CbC report will contain specific information on the global activities of the multinational, including the location of its income and taxes paid. The master file will provide an overview of the multinational's global business, its organisational structure and its transfer pricing policies. The local file will contain detailed information about the local taxpayer's intercompany transactions. See: ATO: New transfer pricing documentation standards 32 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 laws that protect taxpayer data. This information will improve the data and intelligence collected by the ATO in addressing profit shifting. See: ATO: Combatting multinational tax avoidance new transfer pricing documentation standards Personal tax Medicare levy low-income thresholds for families The Government will increase the Medicare levy low-income thresholds for singles, families and single seniors and pensioners from the 2014-15 income year, to take account of movements in the Consumer Price Index so that low-income taxpayers generally continue to be exempted from paying the Medicare levy. The threshold for singles will be increased to $20,896. For couples with no children, the Medicare levy ATO: Medicare levy Last modified: 05 Jun 2015 Medicare levy reduction family income ATO: Medicare levy reduction - family income Last modified: 28 May 2015 If your taxable income is more than $26,120 ($41,305 for seniors and pensioners), you may still qualify for a Medicare levy reduction 33 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 threshold will be increased to $35,261 and the additional amount of threshold for each dependent child or student will be increased to $3,238. For single seniors and pensioners, the threshold will be increased to $33,044. This measure is estimated to have a cost to revenue of $231.0 million over the forward estimates period. See: Budget Paper No 2 - Budget Measures: Revenue Measures based on family taxable income if: You had a spouse (married or de facto) You had a spouse that died during the year, and you did not have another spouse before the end of the year You are entitled to an Invalid and Invalid Carer tax offset in respect of your child You were a sole parent at any time during the income year and had sole care of one or more dependent children Sole care means that you alone had full responsibility for the upbringing, welfare and maintenance of a child or student. You are not considered to have sole care if you are living with a spouse (married or de facto) unless special circumstances exist, for example if a spouse is medically incapable of 34 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 assisting you with the care. How do I calculate my family taxable income? Family taxable income is the combined taxable income of you and your spouse (including a spouse who died during the year) or your taxable income if you were a sole parent. If you received a super lump sum payment when you were between 55 to 59 years old, the amount of the taxed element of this (not including the amount of any death benefit) that does not exceed your low-rate cap for the year is not included in your taxable income for Medicare levy purposes. Your low-rate cap is the cap amount that applies to that year less any superannuation lump sums you received in previous years. What is my family taxable income limit? 35 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 Your Medicare levy is reduced if your family taxable income is equal to or less than $44,076 ($57,500 if you are eligible for the Seniors and Pensioners Tax Offset) plus $3,238 for each dependent child you have. See also: Medicare levy calculator See: ATO: Medicare levy Personal tax Family Tax Benefit A and B The Government will achieve savings of $177.3 million over four years from the cessation of the additional Family Tax Benefit (FTB) Part A Large Family Supplement from 1 July 2016. Families will continue to receive a per child rate of FTB Part A for each eligible child in their family. The Government also aims to save $42.1 million over five years by reducing the Budget 2015-16: Cessation of the Large Family Supplement of Family Tax Benefit Part A Information update: this Budget measure is subject to the passage of legislation. Description of the measure The Large Family Supplement is currently paid as part of Family Tax Benefit Part A to families with 3 or more children. 36 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 amount of time Family Tax Benefit (FTB) Part A will be paid to recipients who are outside Australia. From 1 January 2016, families will only be able to receive FTB Part A for six weeks in a 12 month period while they are overseas. At present FTB Part A recipients who are overseas are able to receive their usual rate of payment for six weeks and then the base rate for a further 50 weeks. Portability extension and exception provisions which allow longer portability under special circumstances will continue to apply. From 1 July 2015 until 30 June 2016, the Large Family Supplement will only be paid to families with 4 or more children. This will change from 1 July 2016 when the Large Family Supplement will no longer be paid. Questions and answers Who will be affected by this measure This measure will affect new and existing Family Tax Benefit Part A customers. Am I eligible for this measure This change applies automatically to new and existing Family Tax Benefit Part A customers with 4 or more children. From 1 July 2016 these customers will no longer receive the Large Family Supplement. 37 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 Superannuation Release for terminal illness The date this measure will start and finish This measure will start on 1 July 2016 and is ongoing. See: Department of Human Services: Budget 2015-16: Cessation of the Large Family Supplement of Family Tax Benefit Part A The Government has eased Release of superannuation This measure is slightly the conditions for the for terminal medical implemented by the release of superannuation condition - relaxing criteria Tax and Superannuation benefits in the event of a In the 2015-16 Budget, the Laws Amendment (Terminal terminal illness. Government announced that Medical Conditions) From 1 July 2015, the from 1 July 2015, it will Regulation 2015. Government will extend amend the provision for The regulation received access to superannuation for accessing superannuation for Royal Assent on 25 June people with a terminal people with a terminal 2015. medical condition. Currently, illness. patients must have two Under the current provision See: medical practitioners for early access to ATO: Release of (including a specialist) certify superannuation, a person superannuation for terminal that they are likely to die with a terminal illness is medical condition - relaxing within one year to gain required to obtain a criteria unrestricted tax free access certification from medical to their superannuation specialists they have less 38 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 balance. The Government will change this period to two years. This will give terminally ill patients earlier access to their superannuation. The Government will raise additional revenue of $46.9 million over four years from 2015-16 by increasing the supervisory levies paid by financial institutions. This will fully recover the cost of superannuation activities undertaken by the Australian Taxation Office and the Department of Human Services, consistent with the Government’s cost recovery guidelines. Superannuation Regulatory changes The Government will implement a package of measures that will reduce than 12 months to live. The Government will amend the relevant regulations to change the life expectancy period to 24 months. It is proposed this change will take effect from 1 July 2015. Legislation and supporting material Legislation is currently being developed for this measure. Find out more Media release - 7 May 2015 Early access to superannuation for people with terminal illness 2015-16 Budget Paper No 2 Revenue Measures See: ATO: Release of superannuation for terminal medical condition - relaxing criteria Budget Paper No 2 - Budget Measures - Expense Measures: Cutting Red Tape Cutting Red Tape — lost and unclaimed superannuation Legislation is currently being 39 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 red tape for superannuation — lost and unclaimed funds and individuals by superannuation removing redundant reporting obligations and by streamlining lost and unclaimed superannuation administrative arrangements. The changes will make it easier for individuals to be reunited with their lost and unclaimed superannuation. The measures will have effect from 1 July 2016. The cost of implementing the measures will be met from within the existing resources of the Australian Taxation Office developed for these measures. In the 2015-16 Federal Budget the Government announced that it will implement a package of measures that will reduce red tape for superannuation funds and individuals by removing redundant reporting obligations and by streamlining lost and unclaimed superannuation administrative arrangements. The changes will make it easier for individuals to be reunited with their lost and unclaimed superannuation. The Treasury will work with the ATO and superannuation industry stakeholders to implement these changes. Most elements are expected to start on 1 July 2016. 40 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 Removal of the Lost Member Statement (LMS): Funds are currently required to lodge a separate biannual LMS to the ATO. This change proposes to repeal this separate reporting obligation as it overlaps with other existing fund reporting obligations to the ATO. Updating the ‘uncontactable’ definition for lost member accounts The current definition of lost ‘un-contactable’ accounts is based upon returned unclaimed mail. This currently includes two written (including email) communications. This change proposes that modern communications methods will be recognised in determining if a member is un-contactable, and is 41 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 intended to better define the true stock of uncontactable members. Removal of ‘employersponsored’ element of the "Lost -inactive" definition The existing lost inactive account test currently requires the member to have joined their fund under a standard ‘employersponsored’ arrangement. It is difficult for funds to identify accounts which fall into this category. This change proposes to remove the employersponsored element of the lost member definition, to better enable funds to correctly identify and report lost inactive accounts. Allow proactive Eligible Rollover Fund (ERF) consolidation ERF are currently unable to 42 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 transfer amounts to other funds without the express consent of the member. This has limited their ability to operate as short term repositories for members who are out of the workforce. This change proposes to enable the licensee of an ERF to reunite ERF balances with an active account in another registrable superannuation entity without the express consent of the member. Enabling payment Unclaimed Superannuation Monies (USM) claims to transTasman KiwiSaver Accounts While retirement savings can be moved between an Australian APRA regulated superannuation fund and a New Zealand (NZ) KiwiSaver account, individuals with USM accounts held by the 43 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 Tax Office cannot have these monies directly rolled into their KiwiSaver account. This measure proposes to allow individuals to rollover their USM balances directly to KiwiSaver accounts. Direct payment of Unclaimed Superannuation Monies (USM) on terminal medical grounds A person suffering a terminal medical condition can access their superannuation in a fund tax free, prior to preservation age. However, they cannot currently access USM amounts greater than $200 that are held by the Tax Office. This measure proposes to allow payments of USM to be made directly to individuals who qualify on terminal medical condition 44 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 grounds. Cutting Red Tape – lost and unclaimed superannuation Small lost member account threshold increases In addition to the abovementioned Cutting Red Tape — lost and unclaimed superannuation proposals, the 2013-14 Budget also announced the Government's intention to increase the balance threshold for transferral of Unclaimed Super Monies to the Tax Office. This proposes to incrementally increase the current threshold of $2000, to a threshold of $4000 from 31 December 2015, and to a threshold of $6000 from 31 December 2016. This change is intended to preserve the value of lost member accounts in the superannuation system, and 45 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 ensure more of these accounts are reunited with their owners. See: ATO: Cutting Red Tape — lost and unclaimed superannuation Business and employees Fly-in Fly-out employees In changes to personal income tax, the Government will exclude ‘fly-in fly-out’ and ‘drive-in drive-out’ (FIFO) workers from the Zone Tax Offset (ZTO) where their normal residence is not within a ‘zone’. This measure will take effect from 1 July 2015 and is estimated to have a gain to revenue of $325.0 million over the forward estimates period. The ZTO is a concessional tax offset available to individuals in recognition of the isolation, uncongenial Zone Tax Offset - exclude 'fly-in-fly-out' Legislation for this measure has not yet been drafted. In the 2015–16 Federal Budget, the government announced that it will exclude 'fly-in fly-out' and 'drive-in drive-out' (FIFO) workers from the Zone Tax Offset where their normal residence is not within a 'zone'. Currently, to be eligible for the Zone Tax Offset, a taxpayer must reside or 46 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 climate and high cost of living associated with living in identified locations. Eligibility is based on defined geographic zones. This measure will better target the ZTO to taxpayers who have taken up genuine residence within the zones. This will align ZTO with the original intent of the policy, which was to support genuine residents of zones. For those FIFO workers whose normal residence is in one zone, but who work in a different zone, they will retain the ZTO entitlement associated with their normal place of residence. Business and employees Working holiday visa From 1 July 2016, the Government will also change the tax residency rules to treat most people who are temporarily in Australia for a work in a specified remote area for more than 183 days in an income year. The offset recognises the isolation, uncongenial climate and high cost of living associated with living in identified locations. This measure will better target the offset to taxpayers who have taken up genuine residence within the zones. It will take effect from 1 July 2015. See: ATO: Zone Tax Offset exclude 'fly-in-fly-out' Budget 2015-16 Budget paper No. 2 - Revenue Measures Tax residency rules to change for temporary working holiday makers. Legislation for this measure has not yet been drafted. 47 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 working holiday as nonresidents for tax purposes, regardless of how long they are here. This means they will be taxed at 32.5 per cent from their first dollar of income. This measure is estimated to have a gain to revenue of $540.0 million over the forward estimates period. The Government will provide $5.1 million to the Australian Taxation Office to implement this measure. See: Budget 2015 - Personal income tax : Better targeting the Zone Tax Offset In the 2015-16 Federal Budget, the government announced that it will change the tax residency rules for most people who are temporarily in Australia for a working holiday. These people will be treated as non-residents for tax purposes, regardless of how long they are here. They will not be able to access the taxfree threshold and will be taxed at the second marginal rate (currently 32.5%) from their first dollar of income up to $80,000. The change will take effect from 1 July 2016. See: ATO: Tax residency rules to change for temporary working holiday makers. 2015-16 Budget Paper No 2 48 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 Revenue Measures page 16 Business and employees Work-related car expenses The Government will modernise the methods of calculating work-related car expense deductions from the 2015-16 income year. It will remove the ‘12 per cent of original value method’ and the ‘one-third of actual expenses method’, which are used by less than two per cent of those who claim work-related car expenses. See: Budget 2015-16 Budget Paper No. 2: Revenue Measures Simplify the car expense substantiation methods The 2015-16 Budget announced that arrangements for income tax deductions for a taxpayer’s own vehicle used for business will change from 1 July 2015. Under the new arrangements only two of the existing four deduction methods will be available: the cents per kilometre method (which is capped at 5000 kilometres a year) and the logbook method. The 12 per cent of original value deduction method and one-third of actual expenses will no longer be available from 1 July 2015. In addition the cents per Simplify the car expense substantiation methods Legislation for this measure has not yet been drafted. In the 2015-16 Federal Budget, the government announced that it will simplify the car expense deductions for individuals. Under current arrangements, there are four methods for claiming car expenses: - Cents per kilometre capped at 5,000kms - Logbook - unlimited kms - 12% of original value - One-third of actual expenses To simplify the rules, from 1 July 2015 the government will abolish the one-third of actual expenses method and 12% of original value 49 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 kilometre method will be simplified to use a standard rate of 66 cents per km rather than a rate based on the engine size of the car. For 2014-15 deductions ranged from 65 cents a kilometre for vehicles under 1600 cc to 77 centres a kilometre for those over 2.6 litres. Legislation for this measure has not yet been drafted. Updates will be notified on the AAT website when they become available. See: ATO: Simplify the car expense substantiation methods Government employees ODA employees income tax exemption It will also remove an income tax exemption that is method. The cents per kilometre method (with the existing 5,000km cap) and the logbook method (with unlimited kms) will remain. The cents per kilometre method will be simplified to use a standard rate of 66 cents per km rather than a rate based on the engine size of the car. For the current arrangements for claiming a car expense deduction, see Car expenses See: ATO: Simplify the car expense substantiation methods Budget 2015-16 Budget paper No. 2 - Revenue Measures Remove the income tax exemption available to 50 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 currently available to government employees who earn income while delivering Official Development Assistance overseas for more than 90 continuous days. This measure will take effect from 1 July 2016 and is estimated to have a gain to revenue of $6.7 million over the forward estimates period. See: Budget 2015-16 Budget Paper No. 2: Revenue Measures certain government employees working overseas Legislation for this measure has not yet been drafted. In the 2015-16 Federal Budget, the government announced that it will amend the law to remove the income tax exemption available to government employees who work overseas to deliver Official Development Assistance (ODA). Under current arrangements, section 23AG of the Income Tax Assessment Act 1936 (ITAA 1936) exempts the income of Australian residents who work overseas for more than 90 continuous days and meet certain qualifying conditions. The conditions include Australian 51 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 government employees delivering ODA. The original purpose of the exemption was to avoid double taxation, but in many cases the employee now avoids income tax in both the source country and Australia. The qualifying conditions within section 23AG of the ITAA 1936 will be amended so that from 1 July 2016, Australian government employees who work overseas to deliver ODA will no longer qualify for exemption from income tax. Australian Defence Force and Australian Federal Police personnel and individuals delivering ODA for a charity or private sector contracting firm will maintain eligibility for the exemption. 52 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 See: ATO: Remove the income tax exemption available to certain government employees working overseas Budget 2015-16 Budget paper No. 2 - Revenue Measures For the current tax arrangements for working overseas, see Working overseas Business and employees Employee Share Ownership Schemes Tax concessions for Employee Share Ownership Schemes will be expanded. The changes include: - excluding eligible venture capital investments from the aggregated turnover test and grouping rules (for the start-up concession); - providing the capital gains tax discount to employee share scheme interests that are subject to the start-up Tax concessions for Employee Share Ownership Schemes The measures are implemented by the Tax and Superannuation Laws Amendment (Employee Share Schemes) Bill 2015 Legislation has been passed by both houses of parliament (25 June 2015) and is awaiting Royal Assent. The Tax and Superannuation 53 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 concession, where options are converted into shares and the resulting shares are sold within 12 months of exercise; and - allowing the Commissioner of Taxation to exercise discretion in relation to the minimum three-year holding period where there are circumstances outside the employee’s control that make it impossible for them to meet this criterion. See: Budget 2015 Budget Paper No 2 - Budget Measures Revenue Measures: Employee Share Schemes — further changes to tax treatment Laws Amendment (Employee Share Schemes) Bill 2015 amends the Income Tax Assessment Act 1997 to improve the taxation of employee share schemes (ESSs) by: - reversing some of the changes made in 2009 to the taxing point for rights for employees of all corporate tax entities; - introducing a further taxation concession for employees of certain small start-up companies; and - supporting the Australian Taxation Office to work with industry to develop and approve safe harbour valuation methods and standardised documentation that will streamline the process of establishing and 54 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015 maintaining an ESS. See: Tax and Superannuation Laws Amendment (Employee Share Schemes) Bill 2015 Ministerial Media Release: Start-ups to get a major boost with new laws ASIC: Employee share schemes ATO: Encouraging employee share ownership and entrepreneurship 55 AAT 2015-16 Budget Measures - Current status of Budget Announcements - Current update: 14 July 2015
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