EMPLOYEE BENEFITS Salary Packaging & Advisory 2 Salary packaging Employee benefits SALARY PACKAGING THIS HANDBOOK PROVIDES COMPREHENSIVE INFORMATION TO EMPLOYEES INTERESTED IN THE SALARY PACKAGING OPTIONS OFFERED BY YOUR ORGANISATION. THE OFFERS IN THIS HANDBOOK ARE AVAILABLE TO ALL EMPLOYEES. BDO provides technical advice on a wide range of salary packaging benefits that match both your organisation’s tax status and objectives and you, the employee’s, best interests. DEFINITION Our advisers have the technical expertise to set up your remuneration package structure, part of which includes discussion around the basic elements of salary packaging, providing a full explanation of the available benefits, package strategies, as well as providing examples. Salary packaging is a remuneration structure that allows your employer to provide you with tax exempt or concessionally taxed benefits other than a cash salary. In this context, a benefit is defined as the payment or provision of goods or services by an employer on behalf of its employee. While there are numerous elements that can be included within your salary package, by far the most popular benefits are associated with this form of tax minimisation are vehicle leases and superannuation. We ensure these benefits are regularly reviewed and benchmarked against ‘best practices’. And in the event of any taxation changes, or to guarantee efficient management, your organisation reserves the right to make appropriate modifications. You may structure your package, given the information and parameters set in this handbook, along with the support of your BDO adviser. If you decide that you would like to take advantage of the salary packaging options available to you through your organisation, BDO’s salary packaging management team will step you through your options and the best way to apply them to your individual situation. What is salary packaging? The ATO recognises salary packaging as a legitimate form of taxation planning. Salary packaging allows you to receive non-cash payments as part of your remuneration in the form of fringe benefits over the top of the cash salary. The main purpose of this type of compensation scheme is for an individual to get the most out of the net remuneration (after tax income). In deciding to get paid with benefits in place of monetary income, employees can defer standard taxation rates by opting for fringe benefits. Salary packaging offers you the opportunity to achieve tax benefit advantage by reducing the tax payable on your salary thus maximising after tax income. A broad range of employee benefit options that best suits their own situation. 4 Salary packaging Employee benefits OUR APPROACH A successful salary packaging arrangement is the result of a comprehensive assessment of your financial needs and you will have the opportunity to thoroughly discuss your salary packaging requirements and seek the technical advice of your BDO advisers. How does it work? BDO will manage the salary packaging process and supervise payment for your organisation. There are a number of forms that you will need to complete to take up your organisation’s offer of salary packaging. Completed forms are sent to your payroll department following which your new remuneration structure will be determined. Once your package has been implemented, BDO will provide you with the support you require in all matters concerning your salary package. Who pays me? Payroll functions in relation to your salary packaging (including the particular benefit, lease payment and allowances) will be managed and paid via BDO. However, the payment of your net pay and superannuation will remain with your organisation’s payroll department. A successful salary packaging arrangement is the result of a comprehensive assessment of your financial needs and you will have the opportunity to thoroughly discuss your salary packaging requirements and seek the technical advice of your BDO advisers. Providing information to BDO You will be able to provide and access the following information via our online services: • Transaction statements • Application forms • Maintain motor vehicle logbooks • Record vehicle odometer readings. Employee benefits Salary packaging THE PROCESS 1 2 Attend a group presentation detailing the various benefits available Engage in an individual consultation discussing expected outcomes 3 4 Complete the application requirements Receive a disclosure report on the completed salary package 5 6 Salary packaging Employee benefits BENEFITS 1. NOVATED MOTOR VEHICLE LEASES (ATO REFERENCE: IT2509) A novated lease is a tri-partied financial arrangement between the employee (as the lessee), financier (as the lessor) and the employer. The following diagram outlines the process associated with including a novated lease as part of your salary package: EMPLOYEE (Lessee) Lease agreement EMPLOYER Lease payments from pre and post tax salary LEASE COMPANY (Lessor) Figure 1: Novated motor vehicle lease Fully maintained leases Besides the financial component on the lease, employees can have the opportunity to benefit from a fully maintained lease where the monthly lease payment also covers all running costs of the vehicle, including: • Fuel (petrol card) • Registration • Insurance • Maintenance • Roadside assistance. Advantages of a fully maintained lease include: • Normally non-deductible motor vehicle operating costs become a pre-tax deduction • Allocating a fixed monthly payment for motor vehicle expenses that protects the cash flow of the employee • Eliminating out-of-pocket expenses of operating the vehicle for the term of the lease. Novated finance lease (residual payment required) Once the lease contract is terminated, the employee (lessee) will be required to pay the calculated residual cost as a percentage of the original FBT value of the vehicle in order to acquire ownership. The employee may have the option to review the lease on the vehicle for another fixed term in order to reduce the residual cost of the vehicle. Employee benefits Salary packaging There are a number of items that can be included within your salary package: novated leases; associate leases; costs associated with living and working away from home; working in remote areas; working overseas; and superannuation just to name a few. Initial enquiry with BDO adviser BDO provides details to Fleet Manager Fleet Manager contacts you to discuss vehicle Sign-off quote and return to Fleet Manager BDO enters quote details into your salary package Quote from Fleet Manager DEFINITION What is a novated lease? In a novated lease agreement, the fleet manager leases a vehicle to the employee and novates the responsibility to pay for the lease to the employer. During the lease term, the employee will have full and unrestricted use of the vehicle. In the event of an employee termination of (resignation, redundancy or other termination), the novation agreement expires and full accountability reverts to the employee. The vehicle remains the responsibility of the employee. The transfer of arrangements from one employer to another is a simple transaction for the employer and employee. Relationship management Complete credit application form for Fleet Manager Vehicle order completed by Fleet Manager BDO application forms completed Vehicle delivered BDO process payroll and lease payments Figure 2: Novated lease process • An employee’s requirements will be discussed with the fleet manager to ensure the right vehicle is quoted and the price is sourced • The fleet manager can source the vehicle and accommodate any existing relationships employees may have with vehicle dealerships • We can offer a finance lease or an operating lease option for new and some used vehicles • After the package is accepted, the vehicle will be delivered to an agreed location • All other inclusions to the package will be based on the nominated kilometres • Reports showing utilisation of the budget and fringe benefits will be available on a regular basis • The package can be changed anytime within the lease to ensure that it meets the vehicle operating costs • Three months before the lease ends the driver will be advised to ensure smooth changeover of the vehicle. 7 8 Salary packaging Employee benefits 2. ASSOCIATE MOTOR VEHICLE LEASES (ATO REFERENCE: IT2509) For tax purposes, an associate lease is structured a very similar way as a novated lease, except an associate of the employee (eg spouse, family member) acts as the lessor. The associate lease agreement requires an employee to nominate the associate, which can be any of the following: spouse, de facto, family member (over 18 years old), family company/trust. Lease agreement ASSOCIATE Lease payments from pre and post tax salary EMPLOYEE Company provides motor vehicle Figure 3: Associated motor vehicle lease The car of the associate will be leased to the employer and made available to its employee as a car fringe benefit. The use of the car by either the employee or their associate is assumed to be for private use. EMPLOYER Any income gained by the associate from the lease payments as part of the associate lease agreement is taxable and must be declared in the associate’s income tax return. However, by deducting all operating cost related to the use of the vehicle, the associate may be able to offset any income earned. Lease payments are determined independent of the relationship of the employee and the associate. The payments will be paid from the employee’s salary package. How an associate lease works The associate provides the following costs: • Finance/loan costs • Registration and insurance costs • Roadside assistance/motor vehicle club membership costs • Maintenance and service costs. An estimate of the number of kilometres (per year) is also required as it will be used to calculate the FBT rate and projected annual fuel cost. The associate must register for an Australian Business Number (ABN). BDO can facilitate this application process or the associate may directly apply online (www.abr.gov.au). The associate must also supply their full name, date of birth and tax file number. Deductions Records of all expenses relating to the operation of the vehicle must be kept including: fuel, depreciation, roadside assistance, maintenance/ servicing, registration and insurance. Documentation including tax receipts to support the claim must be kept. Employee benefits 3. REMOTE AREA ALLOWANCES (ATO REFERENCE: SECTION 59, 60, 61 FBTAA (1986)) Tax concessions of about 50 per cent of household expenses and travels of employees living and working in remote Australia are allowed under The Fringe Benefits Tax Assessment Act 1986. Such expenses include: • Rental payments - 50 per cent of an employee’s rental can be reimbursed free of tax. A copy of the rental agreement or a letter from the landlord/real estate agent stating the amount of rent payable is required for reimbursement • Mortgage interest - 50 per cent of mortgage interest for a house owned in a designated remote area can be reimbursed free of tax (this can only be paid after interest charges have been incurred). Bank statements showing the amount of interest paid over a given period is required • Household fuel - gas and electricity expenses in a remote area dwelling may be eligible for a 50 per cent tax concession. Invoices must be paid first prior to reimbursement and copies of the relevant invoices are required • Travel expenses - airline or road travel related expenses to and from a remote area and the capital city of the state is allowed for 50 per cent reimbursement. This benefit is available to the employee and their family members. Travel time must not be less than three days and should not be considered as annual leave. Travel declaration, airline ticket invoice and/or fuel receipts and meal expenses are required. DEFINITION Remote areas An employee is considered to be living in a remote area when their place of residence is located at least 40 kilometres from a town with a census population (1981 census) between 14,000 and 130,000 or at least 100 kilometres from a town with a census population of more than 130,00 or more. This calculation is subject to change by the ATO. Salary packaging 9 4. LIVING AWAY FROM HOME ALLOWANCES (ATO REFERENCE: MT2040 PART III, DIV 7 FBTAA) An employee will be eligible to receive a tax-free Living Away From Home Allowance (LAFHA) where their work requires them to transfer and live away from their permanent place of residence. LAFHA can be paid as a benefit for up to a period of 12 months. There are two components to LAFHA: 1. Rent - an employee’s rent expenses at the new location can be reimbursed from their pre-tax salary. A copy of the rental agreement is necessary 2. Food - an allowance for food is available, which is set by the ATO each April. The number of family members (adults and children under 12 years) will be included in the allowance calculation. 5. OFFSHORE EMPLOYEES A number of benefits are available to employees who are posted overseas (either Australia to a foreign country or from a foreign country to Australia). These benefits only apply to persons under PAYG withholding (ie the employee must be taxed as an Australian resident or income is paid from Australia even whilst working offshore). Some of the key benefits include the following items being paid for in pre-tax dollars: • Education of dependents while living offshore • Language lessons associated with living in a country with a language different to your native tongue • Relocation costs associated with the move offshore • Travel between your country of origin and your new offshore post. 10 Salary packaging Employee benefits 6. TOOLS OF TRADE 9. SUPERANNUATION If an employer has advised an employee they require a set of tools, apparatus and specialised equipment for their position, then such items can be claimed as a tax deduction. Employees are able to make additional superannuation contributions from their pre-tax salary. The maximum allowable amounts depend on your age and will be indexed each year. Superannuation contributions will remain as a payroll deduction. BDO can provide employees with a package modelling scenario to highlight the impact of any superannuation contribution. Alternatively reimbursement can be obtained from the employee’s salary package as an expense to be reimbursed from their pre-tax salary under the ‘otherwise deductible’ rule. 7. INCOME PROTECTION Income protection insurance premiums can be included as a FBT exemption under the ‘otherwise deductible’ rule. 8. MEMBERSHIPS All professional memberships such as CPA, AIM, AICD, trade unions and airline clubs are exempt from FBT and are considered an allowable benefit to employees. Note: Our salary packaging team do not provide investment advice in relation to the structure of an employee’s superannuation fund. Please ask your adviser to refer you to our superannuation team. 10. SELF-EDUCATION EXPENSES An employee’s work-related education expenses can be included in a salary package. This is deducted from their pre-tax salary. Approval from the employer is required. 11. INVESTMENT LOANS AND PROPERTY MAINTENANCE COSTS Interest payments on property or share investment loans can be included as part of a salary packaging arrangement and is deductible from an employee’s pre-tax salary. Employee benefits Salary packaging 11 FAQ’S 1. Why has my employer introduced remuneration packaging? Remuneration packaging will benefit everyone involved and it is considered to be best practice in the field of employee remuneration. 9. Will an eligible employee have less coverage under Workcover if he/she takes the option of remuneration packaging? No. For Existing Employees: • An increase in after-tax remuneration • Flexibility to package his/her remuneration to best meet his/her individual and family needs • Improves cash flow for the household. 10.What happens to salary and expense benefit payments when an eligible employee takes holiday? Expense payments will continue to be paid by your employer so long as the employee is still drawing a salary or wage. For New Employees: • Your employer will be a more attractive employment option. • The ability to increase employee’s after tax income without increasing payroll costs. • Meet individual preferences and needs of employees in their financial arrangements. • Enhance their attractiveness as an employer. • Utilise Government policy, intended benefits and exemptions. 2. Who is eligible? Salary packaging is open to all permanent and permanent part-time employees. It is not open to casual or externally contracted employees. 3. Is remuneration packaging compulsory? No. Remuneration packaging is entirely at the discretion of the eligible employee. 4. Do employers and employees in the general community in the public and private sectors utilise remuneration packaging? Yes. An ever increasing number of employers in both sectors utilise packaging to remunerate employees. 5. What is the view of the Australian Taxation Office on remuneration packaging? The Australian Taxation Office recognises remuneration packaging as a legitimate tax planning measure (Fringe Benefit Tax Assessment Act 1986). 6. May an eligible employee change the election of benefit payments within his/her packaging regime? Yes. Benefits to be paid by the employer from the employee’s Expense Benefit Payment Account may be changed by the employee as often as required. Such changes will be noted on a payment advice, completed by the employee. 7. Will remuneration packaging have a negative impact on: • Superannuation payment and benefits? • Annual leave payments and accruals? • Sick lease payments? • Long service leave payments? The base salary received before packaging continues to be used for the calculation of compulsory superannuation contributions and benefits and for the calculation of entitlements on ceasing employment with your employer. 8. Will salary packaging affect and Family Tax Benefit that I currently receive? No. There maybe even be circumstances where these payments may increase as a result of packaging. We suggest that you consult the Family Tax Benefit website at www.humanservices.gov.au/ customer/dhs/centrelink. 11. What happens when an eligible employee takes leave without pay? The employee will have to make the necessary private arrangements for payment of expenses during this period. 12. What happens when eligible employees cease employment with an employer? On ceasing employment, employees who have a credit in the Expense Payment Benefit Account may either: • Use the existing credit to pay for an expense already incurred, up to the balance remaining in their Expense Payment Benefit Account; or • Receive the balance of the credit in that Account in cash, in which case the funds will be treated as salary or wages and will be subject to PAYG taxation. 13.Will your employer offer assistance to eligible employees to determine their initial packaging regime? Yes. Your employer has engaged remuneration specialist BDO to ensure all packaging regimes meet statutory and taxation requirements. 14.Can I accrue funds in my Expense Payment Benefit Account? Yes, however surplus funds must be cleared by the end of the Fringe Benefit Tax year, ie 31 March each year. If funds are not cleared, they will be paid out as salary and taxed accordingly. 15. How are HECS fees calculated for a packaged employee? All expense benefits paid as part of a remuneration package between 1 April and 31 March will be gross up and include on PAYG summaries for that financial year. To this effect, all expense benefits paid will be grossed-up and include with the gross salary for purposes of determining the amount of HECS payable. Please note that as taxable income is reduced throughout the year, a voluntary deduction may be required. 16.Am I liable for tax on the remuneration packaging if I take the option to package? Yes. Any income tax or fringe benefit tax applicable now or in the future will form part of your total remuneration. 17. If I utilise a car as a benefit, will I have ownership of the car? Yes, where either the Novated or Associate Lease methods are used. 18. What details will I have to provide? All the information that we require is requested on information sheets that will be given to all eligible employees prior to his or her appointment with a remuneration consultant. Our ability to provide you with the best quality advice depends on the quality of information that is provided to us. 19.Is remuneration packaging confidential? Yes, like all personal details, package details will remain confidential. The agreement you sign is between yourself and BDO. Legally, we are not able to share your package or other information with anyone else. 1300 138 991 www.bdo.com.au Distinctively different – it’s how we see you AUDIT • TAX • ADVISORY NEW SOUTH WALES NORTHERN TERRITORY QUEENSLAND SOUTH AUSTRALIA TASMANIA VICTORIA TIM VLUG Executive Director Tel: +61 7 3237 5800 [email protected] TERRIE WENDLAND Bureau Manager Tel: +61 7 3237 5799 [email protected] WESTERN AUSTRALIA LAUREN JONES Salary Packaging Officer [email protected] This publication has been carefully prepared, but it has been written in general terms and should be seen as broad guidance only. The publication cannot be relied upon to cover specific situations and you should not act, or refrain from acting, upon the information contained therein without obtaining specific professional advice. Please contact the BDO member firms in Australia to discuss these matters in the context of your particular circumstances. BDO Australia Ltd and each BDO member firm in Australia, their partners and/or directors, employees and agents do not accept or assume any liability or duty of care for any loss arising from any action taken or not taken by anyone in reliance on the information in this publication or for any decision based on it. BDO (QLD) Pty Ltd ABN 45 134 242 434 is a member of a national association of independent entities which are all members of BDO Australia Ltd ABN 77 050 110 275, an Australian company limited by guarantee. BDO (QLD Pty Ltd and BDO Australia Ltd are members of BDO International Ltd, a UK company limited by guarantee, and form part of the international BDO network of independent member firms. Liability limited by a scheme approved under Professional Standards Legislation other than for the acts or omissions of financial services licensees. BDO is the brand name for the BDO network and for each of the BDO member firms. © 2014BDO (QLD) Pty Ltd. All rights reserved.
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