June 2001

 

 

 

 

NEWSLETTER

 

 

 

With the end of the 2001 financial year almost upon us, I would like to take this opportunity to brief you on some of the more relevant changes that have occurred during the current financial year and on some of the more urgent

pre 30 June 2001 taxation requirements.

 

 

TAX PLANNING OPPORTUNITIES

 

Should you wish to discuss any matter raised in this newsletter or any other matter that may be specific to your situation, you are encouraged to do so before 30 June 2001.

 

Please do not hesitate to contact my office.

 

 

GST OVERVIEW

 

It is now one year since the implementation of GST and it is hoped that alot of the “teething issues” that you may have had have been sorted out.

 

If you have any specific issues that you remain unsure of, you are encouraged to seek advice now.  It is noted that the Australian Taxation Office have commenced their program of field audits and accordingly you are best advised to seek advice now if you remain uncertain about any aspects as they pertain to you.

 

There has been a lot of pressure placed on the Government to refine various areas of the GST and PAYG and this process continues.

 

The Government has announced changes to ease the compliance burden for taxpayers in the PAYG system.  Under the changes, certain taxpayers will have the option of having their quarterly PAYG instalments calculated for them by the Australian Taxation Office.  The quarterly instalment will be calculated from the previous available year’s income adjusted by a GDP factor.  Any balance payable will be done on the basis of their annual income tax returns.   The option will be available to individuals registered for the GST, eg sole traders and partners, and companies and superannuation funds with a turnover under $1m.  In addition, taxpayers with a balance on their last assessment of less that $250 will be taken out of the PAYG system and only need to pay tax on annual assessment.

 

The GST payment and reporting arrangements for small businesses will also be simplified and streamlined.  For businesses which currently report and pay quarterly (businesses with a turnover of less than $20m), quarterly GST payments are to be made on the basis of a simple remittance form with an annual information statement required to be lodged no later than their annual income tax return (or 28 February 2002 for the 2000/2001 year, if that is earlier).  In addition, businesses with a turnover of less that $2m will have the option to pay quarterly GST instalments based on 25% of the previous year’s net GST amount adjusted by a GDP factor.  Those choosing this option will only have to submit one return on an annual basis.

 

Quarterly payments will now become due on 28 July, 28 October, 28 February and 28 April.

 

For the 2000/01 year, businesses choosing the GDP-adjusted instalment option for GST will be able to pay their third and fourth quarterly instalment as an amount equal to the amount they paid in their 2nd quarter BAS.  For the next financial year (2001/02), quarterly payments will continue on the basis of the uplifted second quarter payment, until the time of the annual return.

 

 

FULL INPUT TAX CREDITS ON MOTOR VEHICLE PURCHASES

 

The Federal Government has announced that businesses will be able to claim full input credits on motor vehicle purchases with effect from 22 May 2001.

 

This means that motor vehicles purchased for business use will effectively become cheaper, as the GST component will be claimable up to the depreciation limit of $55,134.

 

 

CHANGES TO THE WAY ACCOUNTS CAN BE PREPARED FROM 1ST JULY 2001

 

As part off the new tax system there is now an option that eligible small business can adopt to prepare their accounts.  To be eligible your average annual turnover must be less than $1 million and any depreciating assets (other than land and buildings) are valued at the less than $3million at the end of the year.

 

This so called simplified Tax System has 3 main elements.

 

  1. Cash accounting meaning your only take into account what you have actually collected and paid for ie: debtors creditors and prepayments are not taken into account.
  2. Simplified trading stock rules where if a business believes in the value of its trading stock did not vary by more than $5000 at the end of the year compared to the beginning of the year then no adjustment is necessary.

 

  1. Simplified Depreciation rules where depreciating assets costing less than $1000 can be written off immediately – most other depreciating assets are pooled and depreciated at a rate of 30%.

 

 

 

ATTRIBUTED PERSONAL SERVICES INCOME (PSI)

 

These measures are designed to apply to contractors who derive their income predominantly from their personal efforts or skill, have no employees & do not use capital equipment as part of supplying their services.

 

EXAMPLE 1– New IT Pty Ltd provide computer programming services but Ron does all the work involved in providing those services. New IT’s ordinary income from providing the services is Ron’s personal income because it is a reward for his personal efforts or skills.

 

EXAMPLE 2 – Trux Pty Ltd owns a semi-trailer & Tom is the only person who drives it. Trux’s  ordinary income from transporting goods is not Tom’s PSI because it is produced mainly by use of the semi-trailer, and not as a reward for Tom’s personal efforts or skills.

 

The legislation is designed to ensure that the person who derived the income pays tax on the money. This objective is achieved by:

 

·      Limiting the deductions contractors & interposed entities (eg companies) can claim in relation to PSI.

·      Ensures that a taxpayer who is responsible for the income being derived, is taxed on the income.

 

Provided 80% or more of the taxpayers PSI does not come from the same client (or associate) the taxpayer will be treated as conducting a Personal Services Business if it meets at least one of the following three tests:

 

·    The unrelated clients test – the individual produces income from 2 or more entities that are not associates.

·    The employment test - engages 1 or more entities to perform the principal work.

·    The business premises test – maintains  & uses, at all times during the year, business premises, which is physically separate from the private premises of the taxpayer or associate.

 

If the PSI is deemed to be the income of the individual who derives it, then tax on that income will be taxed at the individuals’ marginal rate of  tax. 

 

 

EXCESS IMPUTATION CREDITS REFUNDABLE

 

From 1 July 2000, excess imputation credits arising from franked dividends will become refundable to the taxpayer.

 

Previously any excess imputation credits would be lost and not available to be refunded.

 

 

PAYG PAYMENT SUMMARIES

 

The group certificate has been replaced by the PAYG Payment Summary for employees.

 

The PAYG Payment Summary Statement (previously Annual Reconciliation Statement) must be completed by 14 August 2001.

 

These statements show total payments made and tax withheld.

 

Remember penalties apply for late lodgment of these PAYG Payment Summary Statements.

 

 

LAND TAX

 

If at midnight on 31 December of any given year you owned land then you may have an obligation to pay land tax.

 

As a general rule, land tax is payable at the rate of 1.7% for every dollar of land value in excess of $205,000 (investment property) or $1,319,000 (principal place of residence).

 

There are certain exceptions to the rule eg. primary production land, nursing homes etc.  Similarly the rates differ for certain entities, eg. family trusts do not receive the $205,000 threshold.

 

When your land holdings change, there is an obligation upon you to advise the Office of State Revenue of such change.  Certain forms need to be completed and the latest date for completion is two months after 31 December.

 

Should you require our assistance in attending to your land tax obligations, then please ensure that you keep us abreast of all movements in you landholdings.

 

 

PAYROLL TAX

 

As 30 June approaches it may be prudent to review your total payroll for the year to ascertain whether you have a liability towards payroll tax.

 

Payroll tax is a NSW State Tax that is payable when total payroll exceeds $600,000.  It is charged at a rate of 6.4% for the amount of payroll in excess of $600,000 for the period 1 July to 31 December 2000, and for the period 1 January to 30 June 2001 at a rate of 6.2%.

 

It is important to note that the definition of payroll includes not only wages, but also superannuation and the value of fringe benefits.  Employers also need to aware of Grouping Provisions that allow the payrolls of two (2) or more related entities to be pooled.

 

If in any doubt to whether you may have payroll tax obligations, then please let us know.

 

 

PAY AS YOU GO INSTALMENT CHANGES

 

All sole traders, partners in partnership or companies and superannuation Funds with a turnover of less than $1 million can now elect to make quarterly payments of tax based on the prior year adjusted upwards by the change in Gross Domestic Product (It was 6%  in 2000/2001).

 

The amount will be calculated by the tax office and it will not be necessary to lodge an Instalment Activity Statement.

 

Individual Taxpayers whose prior year’s tax was less than $8000 can elect to pay their instalment annually.   The instalment for 2000/2001 will be payable in March 2002.

 

Companies and Superannuation Funds whose prior year’s tax was less than $8000 who elect to pay their instalment annually will pay their instalment on 15th December 2001.

 

 

BAD DEBTS

 

In order to ensure that you obtain a deduction for any particular bad debt, you are reminded that the debt must be physically written off prior to 3o June 2001 ie: deleted from your debtor’s listing.

 

 

COMPULSORY SUPERANNUATION FOR EMPLOYEES

 

If you haven’t done so already, please ensure that the required superannuation payments for your employees are made to an eligible superannuation fund by no later than 28 July 2001. In fact, if you want the payments to be claimed as a tax deduction this year, then payment will need to be attended to prior to 30 June 2000.

 

If the contributions are not paid by 28 July 2001, then a non-deductible payment for an equivalent amount plus a 10% penalty will need to be made to the Taxation Office - it makes no sense not to meet your superannuation obligations.

 

For your convenience I have included a timetable showing the annual increases in the chargeable percentages up to and beyond the financial year 2002/03.

 

 

SUPERANNUATION GUARANTEE CHARGE  -  Minimum Support

 

 

Financial Year

Charge Percentage %

2000/2001

8

2001/2002

8

2002/03 and subsequent years

9

 

 

 

SUPERANNUATION MAXIMUM DEDUCTIBLE CONTRIBUTIONS

 

The deduction limit is determined by reference to a taxpayer’s age.

 

The limits for the 2000/01 year are:

 

Age in Years

Deduction Limit $

Under 35

11,388

35 to 49

31,631

50 and over

78,445

 

 

 

MOTOR VEHICLE DEPRECIATION COST LIMIT

 

A limit is placed on the depreciable cost of motor cars and station wagons (including four-wheel drive vehicles) over a certain price.

 

The limit applies whether the vehicle is new or second hand.

 

For the 2000/01 year the motor vehicle depreciation cost limit is $55,134.

 

 

MEDICARE LEVY & SURCHARGE

 

Resident individuals are liable to pay a Medicare levy based on the amount of their taxable income for the income year. The rate of the Medicare levy for the 2000/01 income year is 1.5% of taxable income.

 

No Medicare levy is payable by any person whose taxable income for 2000/01 is less than $13,807

 

Please note that a 1% surcharge on the Medicare levy will apply in the 2000/01 year for single individuals with taxable income exceeding $50,000 or couples and families with taxable incomes exceeding $100,000 who do not have private hospital cover through private health insurance.

 

 

PRIVATE HEALTH INSURANCE

 

Your Private Health Care Provider will soon be sending you an Annual Tax Summary.  This Tax Summary contains certain information that will be relevant to the preparation of your Income Tax Return for the year ending 30 June 2001.

 

As soon as you receive it please take note to either include it in the information that you compile for use or just send it in to use now so that we may keep it on your file.

 

 

SUPERANNUATION CONTRIBUTION SURCHARGE

 

Any tax-deductible contributions made to a superannuation fund which when added to the individual’s taxable income result in the person’s adjusted taxable income exceeding $98,955 are subject to an additional 15% tax (payable by the superannuation fund).

 

Where a person’s income is between $81,493 and $98,955 per annum the surcharge phases in progressively.

 

If your income is below $81493 you should also be careful as the following will be included in income which could push you above the limit.

 

1.      Realising a capital gain - the entire amount is added to your income;

2.      Franked Dividends – the grossing up of franking credits will increase your income;

3.      If you leave your employment unused annual leave and termination payments are taken into account.

4.      Reportable Fringe Benefits.

 

 

COMPANY TAX RATE 

 

For the 2000/01 financial year, the rate of company tax has decreased to a flat rate of 34%.

 

For the 2001/02 financial year, the rate of company tax will decrease to a flat rate of 30%.


PERSONAL TAX RATES

 

The general rates of tax applicable to resident individual taxpayers for the 2000/2001 year remain unchanged and are as follows:

 

1999/2000 taxable income

(column 1)

Tax on column 1

% on excess

(marginal rate)

  6,000

Nil

17

20,000

  2,380

30

50,000

11,380

42

60,000

15,580

47

 

WEBSITE

 

I now have my web site up and running. At the moment it has links to the ASIC website if you want to look up whether a particular company or business name is available, the tax office website if you want GST or tax information, the Count website for investment information. It will be further developed over time and I encourage you to visit it.The address is  http://www.petersheldon.com.au/

 

 

 

This Newsletter is issued in summary form for your information.  It should not be relied upon as a substitute for detailed advice or as a basis for formulating business decisions.