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Finance Newsletter August 2012

Good news for all borrowers – the banks have broken up with the Reserve Bank.

This means if you look around you are likely to find a better rate than you currently have. St George is currently offering rates as low as 6.01% variable for home loans and they will pay you $700 to switch from your current bank..

Use this opportunity to speak with a mortgage broker to ensure your bank is looking after you and that you have the best loan for your circumstances.

Some banks are currently offering great discounts on home and investment loans. Fixed and variable.

You may be able to save interest by fixing your home loan . You may be able to fix for 1-3 years at a lower rate then you currently have. Why wait for variable rates to go down. Switch to a lower rate now.

A great fixed rate is available from Homeloans. You can get a fixed rate of 5.42% 3 years. Compare that with your bank’s current offering? There are many benefits of using a mortgage broker and our services are provided to the borrower free of charge.

Call Dan Goodridge on 0414 423 340 or e-mail dg@iinet.net.au at Mercia Finance for obligation free finance information.

Tax Newsletter August 2012

ATO data-matching programs

The ATO has revealed details of two new data-matching programs aimed at identifying tax non-compliance. These will affect individual taxpayers.

The ATO has advised that it will collect share transaction details from various organisations relating to securities held in ASX-listed entities. The details will be electronically matched with ATO data holdings. Areas of concern for the ATO include incorrect compliance with capital gains tax, income tax and GST obligations. The ATO said around 1.2 million individuals will be affected by the program.

The ATO has also advised that it will request from Centrelink details of individuals who were eligible for Family Tax Benefit Part B for the 2010 to 2013 income years and/or received parental leave pay for the 2010 to 2013 income years. The details will be electronically matched with ATO data holdings to identify incorrect claims for the dependent spouse tax offset. According to the ATO, some 1.3 million individuals will be affected.

Living-away-from-home tax law changes on the way

The Government has introduced into Parliament proposed changes to the tax treatment of living-away-from-home (LAFH) allowances and benefits. The Government said it is reforming the tax concession “by better targeting it at people who are legitimately living away from their actual home in Australia (which they continue to maintain) for an initial period”. Essentially, the Government is restricting access to the concessions.

Employers and employees who may be affected need to take note. The proposed changes are set to take effect on 1 October 2012 (not 1 July 2012, as originally proposed). However, there will be grandfathering provisions to preserve tax concessions for some arrangements that were in place prior to Budget night (8 May 2012).

TIP: As a result of these developments, it will be critical for employers and employees to identify, before the enactment of the legislation, if and how the changes might apply.

Trust beneficiaries: amended assessments were excessive

Two beneficiaries of a family trust, a father and son, have been successful before the Administrative Appeals Tribunal (AAT) in arguing that amended assessments issued to them were excessive.

The family trust owned all the units in a unit trust that operated a fuel distribution business. The Commissioner issued the amended assessments for the 2004 and 2005 income years to increase the taxpayers’ tax liability following the disallowance of a large deduction for payments made by the unit trust to an employee entitlement fund.

Before the AAT, the taxpayers effectively argued that the assessments were excessive because the taxpayers, as beneficiaries, were not presently entitled to the income from the family trust in the years in question (except to the extent that they might be entitled as two of the 46 default beneficiaries of the trust). The AAT found in the taxpayers’ favour.

TIP: Some commentators have noted that this case highlights the need for trustees to consider documenting distribution minutes by 30 June. The issues in the case are complex. If you have any questions, please contact our office.

SMSF notice of non-compliance set aside

The husband and wife trustees of a self managed superannuation fund (SMSF) have had a “notice of non-compliance” that was issued by the Commissioner of Taxation set aside by the AAT. This was despite regulatory breaches involving loans to a related-party company.

Between the years 2004 to 2007, the SMSF loaned money to a property development company of which the trustees were the directors. The loans were partially repaid. The trustees provided an undertaking to the Commissioner that the loans would be repaid by September 2009. However, the loans were not repaid by that time because the taxpayers did not want to sell the properties in a fire sale during the global financial crisis.

The Commissioner issued a “notice of non-compliance”, making the fund non-complying and removing the concessional tax treatment enjoyed by complying funds.

While the AAT found that the contraventions of the superannuation rules were “serious”, it set aside the notice of non-compliance. It noted, among other things, the fact that the loans were eventually paid (albeit late), the poor health of one of the trustees and the significant tax consequences that would affect the trustees given their age (who were aged 65).

Excess super contributions: Commissioner’s discretion refused

In a number of recent decisions, the AAT has affirmed the Commissioner’s refusal to reallocate excess superannuation contributions received by superannuation funds to an earlier financial year, and has therefore affirmed the excess contributions tax assessments made in those cases.

In one decision, the AAT found that the taxpayer had tried to stay under the relevant contribution cap, but had simply “miscalculated” and that the law had been correctly applied by the Commissioner.

In two other cases, the AAT held that contributions that were made by way of electronic funds transfer and BPAY just before (or on) 30 June, but that were received by the relevant fund on 1 July (ie in the next financial year), were not situations that amounted to “special circumstances” that would warrant the Commissioner’s discretion to reallocate the excess contributions to another financial year.

However, in one recent decision, the taxpayer was successful in convincing the AAT that there were “special circumstances” to warrant the Commissioner’s discretion. Among other things, the AAT found that the taxpayer had missed the relevant deadline for contributions for the relevant year as a result of “misunderstanding” the rules.

TIP: The above cases mainly involve contributions for the 2008–2009 financial year (and earlier). The Government has recently amended the law to allow a limited, once-only refund option for excess concessional contributions of up to $10,000.

The new refund option is only available for excess concessional contributions in respect of the 2011–2012 or later years, and only for the first year. The refund option provides some relief, but is not without conditions and limitations.

TIP: The Commissioner may only exercise his discretion to reallocate or disregard excess contributions if “special circumstances” exist and the making of a determination is consistent with the objective of the superannuation regime that individuals gradually build their super over their lifetimes.

Division 7A benchmark interest rate

The ATO has advised that, for the income year that commenced on 1 July 2012, the benchmark interest rate to be used in calculating the interest component on the repayment of a private company loan received by a shareholder (or the associate of a shareholder) is 7.05%.

Reasonable travel and meal allowance amounts

The ATO has announced the amounts the Commissioner considers are “reasonable” for the 2012–2013 income year in relation to claims made for:

  • overtime meal allowance expenses;
  • domestic travel allowance expenses;
  • travel allowance expenses for employee truck drivers; and
  • overseas travel allowance expenses.

Car depreciation limit and luxury car tax threshold

The ATO has released the following limits and thresholds for the 2012–2013 income year:

  • car depreciation limit – $57,466;
  • luxury car tax threshold – $59,133; and
  • fuel efficient car limit – $75,375.

Finance Newsletter July 2012

Good news for all borrowers – the banks have broken up with the Reserve Bank.

This means if you look around you are likely to find a better rate than you currently have. AMP is currently offering 5.90% variable for home loans.

Use this opportunity to speak with a mortgage broker to ensure your bank is looking after you and that you have the best loan for your circumstances.

Some banks are currently offering great discounts on home and investment loans. Fixed and variable.

You may be able to save by interest by fixing your home loan . You may be able to fix for 1-3 years at a lower rate then you currently have. Why wait for rates to go down. Switch to a lower rate now.

A great fixed rate is available from Citibank. You can get a fixed rate of 5.79% 2 years. Compare that with your bank’s current offering? There are many benefits of using a mortgage broker and our services are provided to the borrower free of charge.

Call Dan Goodridge on 0414 423 340 or e-mail dg@iinet.net.au at Mercia Finance for obligation free finance information.

Property Newsletter July 2012

•The Housing Shortage is a Local Story

•What is Market Value?

•Preparing for the Unexpected Purchase

•Suburb Snapshot – Morley

•The Implications of Diabetes

•Getting the Most out of Your Investment Property

•Time is Money

•The Reality of the Average Australian Investor

The Housing Shortage is a Local Story
The Housing Shortage is a Local Story and WA is the One telling it. According to figures from the Housing Industry Association (HIA), half of the 30 local government areas with the most chronic undersupply of housing are in Western Australia. Whether or not there is a shortage in Australia is hotly contested, but the figures make for interesting reading.

The breakdown of the rest is Queensland (7), Northern Territory (3), Victoria (3) and one each in NSW and South Australia.  Of the 15 WA areas mentioned, 9 are in Perth and 6 are regional areas including the South West town of Manjimup, which tops the list on a per head basis.  The area with the biggest shortage in absolute terms is Joondalup, about 16 kilometres north of Perth. Joondalup has a shortage of 3,955 houses or a shortage intensity of 2.38 houses for every 100 people.

The other areas in the Perth metropolitan area with under supply are Subiaco, South Perth, Claremont, Melville, Fremantle, Cambridge and Vincent.  HIA senior economist Andrew Harvey says the mining boom and strong population growth are largely to blame for WA’s strong representation on the list.  “The population growth for mining related and engineering construction related to mining is just massive so it’s no surprise at all,” he said.

What is Market Value?
Being able to determine a property’s market value is a useful skill when it comes to investing in property. Ray explains the concept of “market value,” and how to spot an investment bargain.  Astute investors always keep a careful eye on property values in the areas in which they are interested in. This way, they can avoid paying too much for a property and can always be in a position to distinguish a bargain.

So what is market value? In general terms, the market value of a good or service is the price at which a willing, but not anxious, buyer will pay to a willing, but not anxious, seller for that good or service.  For products which are plentiful, transacted often, and are largely the same as each other, determining market value is relatively easy. But property is typically not like this. Each property tends to have features that make it unique in the market – its location, size, age, etc. Even two properties side by side on the same street will be valued differently if they differ in size or age. To make things even trickier, property is typically not transacted very frequently, making it hard to compare a property you are interested in to a similar one that has sold recently.

Fortunately there are a number of information sources available to make your estimates of market value as accurate as possible. It’s also a good idea to drive through the neighbourhoods you are interested in and check with real estate agents the prices that recently-sold properties fetched.

There are many situations in which a property can be purchased under the market price and if you are able to get a good estimate of market value you will be able to identify the bargain buys. It will also prevent you from over-paying for a good investment property.

Preparing for the Unexpected Purchase
Being unprepared for the unexpected purchase can prove costly in the long run. But there’s an easy way to avoid the heartache and stress.

There is a funny thing about property buyers. They often tackle the property search in a very rational way, with a commitment to view many properties until one eventually ticks all boxes. But when buying a property, particularly a home, emotions will always play a key role, which means there is always the chance of a spontaneous purchase.

Think about the buyer who notices a house – the dream home – while walking one day to the local shops and makes on offer that very evening. Or, what about the casual auction attendee who makes a winning bid after seeing the property for the first time just minutes before.

You never know when the right property will come along, so you need to be prepared from the very beginning, especially when it comes to finance. You need to have a clear understanding of your borrowing capacity, the type of products that suit your needs and, importantly, what sort of documentation you may need to obtain on short notice.

This is why I strongly recommend buyers seek out advice from their finance broker before even stepping foot into a home open, to help avoid any unwanted surprises in the event of a spontaneous purchase. A competent finance broker can quickly assess the buyer’s circumstances and make recommendations that best meet the buyer’s needs.

A finance application can be an involved process and there are intricacies that most people just aren’t aware of. Also, policies can change regularly, which can throw up unexpected hurdles. The biggest stumbling block tends to be the documents that a borrower needs to produce, such as tax returns and statements. It can take time for the borrower to gather all the paperwork that is required, a stressful situation when the property is already under offer and the finance deadline is looming.

Finding the right property can be an exciting moment but being unprepared and making uninformed decisions can end proving costly in the long run. Speaking with your finance broker early in the piece will help you avoid the potential heartache and stress and make sure you are prepared for an unexpected purchase.

Suburb Snapshot – Morley
Our bi-monthly Suburb Snapshot section shares our tips on the best suburbs to keep a watchful eye on for your next investment purchase. In this month’s issue, we’re going to profile the changing suburb of Morley.

Morley is a well located suburb approximately 7 kilometres northeast of Perth’s central business district and 7 km from Perth Airport. It sits within the City of Bayswater local government area and is surrounded by the suburbs of Bassendean, Bayswater, Bedford, Beechboro, Dianella, Eden Hill, and Kiara. Morley residents have a wide choice of local schools and access to 31 parks, which cover 6% of the total suburb area.

Morley was established in the late 1950s and over time has become a major shopping and commercial centre. In 1961, it was the home to Boans, Western Australia’s first single unit shopping centre and the largest of its time in Perth. Today Morley is home to Centro Galleria, Perth’s second-largest commercial shopping centre, which was constructed in 1994.

It doesn’t have a train station, but Morley is well serviced by a comprehensive bus network making it a significant regional hub for bus transport. Average travel time to the Perth CBD from the Morley bus station, by bus, is approximately 15 minutes.

The suburb provides excellent access to the major arterial roads of Morley Drive, Tonkin Highway and Guildford Road and is only 2 km from the Ashfield Industrial Precinct, which is marked for future expansion.

Households in Morley are primarily couples with children and the predominant dwelling type is houses, which generally sell from the low $300,000’s to the high $600,000’s. Property listings typically stay on the market for around 80 days, similar to the overall market average, and there are around 320 sales per year.

The future looks very bright for Morley. The Western Australian Planning Commission’s ‘Directions 2031 and Beyond Strategy’ identifies the Morley City Centre as a Strategic City Centre. This is because it is already an important employment node and strategically located to capitalise on existing and future economic and population growth.

Building on the principles of Directions 2031, Council endorsed the Morley City Centre Masterplan in October 2010 following widespread community consultation. The Masterplan provides a vision for an attractive and prosperous city centre, with increased business and employment opportunities, enhanced lifestyle options such as cafes and restaurants, and more housing choices. According to the Masterplan, developers will have significant redevelopment opportunities, with the potential for buildings up to 12-16 storeys in the centre.

Some of the major projects outlined in the Masterplan include creating a new central park on Russell Street, improving the look and accessibility of bus services, upgrading streetscapes and public spaces, and making streets more pedestrian friendly.

December 2011 saw the opening of Morley’s Coventry Square, Perth’s biggest markets complex and billed as a new tourism precinct offering 179 stores and restaurants in a 2ha indoor building. This development, which took 3 years to complete and cost $60 million, marks a significant turning point in the transformation of Morley with $3.5 million also spent on road upgrades around the markets.

As more aspects of the Masterplan begin to take shape, over time Morley should become a more desirable place to live and the demand for property in the area should grow. It is a suburb that should be on most investor’s radar.

Key statistics

Growth rate (1 year average) -2.1%
Growth rate (5 year average) 1.4%
Growth rate (10 year average) 10.8%
Population 18,564
Median age of residents 38
Median weekly household income $980
Percentage of rentals 24%

Source: REIWA.com.au, May 2012

Getting the Most Out of Your Investment Property
Is your rental property performing to its full potential? Clare Christiansen explains the simple steps you can take to ensure you are getting the maximum possible return from your property investment.

No matter what your situation, property investing is about generating wealth. Although the rewards are typically realised over the long-term, the question is what can you do now to put more cash in your pocket?  The good news is there are many things you can control to help improve the cash flow on your properties.

Here are three simple ways to ensure your investment is performing at its best:

Increase the rent
It sounds rudimentary, but you’d be surprised how many landlords are reluctant to do so because they have a fantastic long-term tenant or empathise with the plight of their tenants. Although this is understandable, the fact of the matter is that owning an investment property is like owning a business; you’re in to make a profit.  So if your property is not achieving market rent, this is the first area to focus on.

If your rent is already fair and reasonable for your property’s current state and the market, look at ways in which to make the property more attractive as even a fresh coat of paint can make all the difference. Also consider installing a dishwasher or air-conditioning, these mod-cons may allow you to charge an extra $10-$25 per week in rent. However, you want to be sure that the “payback period” of investing in these items is not too long.

Decrease the vacancy rate / increase the occupancy rate
With current demand, most investors probably have little concern with vacancy issues. If your property is sitting vacant in the current market then you need to reassess the rent you are asking. Sometimes lowering your rent to a more competitive rate, even though it puts less in your pocket per week, over the longer term, it pays off in less vacancy time where you are receiving no rent at all.

Maximise your deductions
One of the most critical aspects of improving your cash flow that is often overlooked is maximising deductible expenses. Deductions you can claim immediately include advertising for tenants, bank charges, body corporate fees, council rates, land tax, insurance, legal costs, repairs, and cleaning. There are also deductions you can claim over a longer period which include borrowing expenses, declining value of depreciating assets and capital works. It is well worth the small expense to obtain a Tax Depreciation Schedule which outlines the depreciation allowances that you are entitled to on your property and submit this with your tax return.

Time is Money
Many property developers are so eager to jump into a project that they forget to take the time and look at the big picture. This is especially true when it comes to making important decisions in regards to project management, consultants, finance, and builders or architects.

When making these types of decisions, which could affect the timeframe or quality of the development, it’s important to remember that old cliché – that time is money. Yes, you’ve probably heard this before but that doesn’t mean it’s not relevant. Many first-time developers seem to forget that for every month (or day for that matter) that you are delayed; you’re paying interest on your loans used to fund the development. For example, if you had $1 million in outstanding loans, each month your project is delayed could cost you more than $5,000 every month! Every wrong decision could seriously dent your profit margin.

With this in mind, as soon as you have a signed contract you should get your finance application in with your broker as early as possible. If you have a short settlement or your offer is subject to finance, you will not be able to wait until you’ve completed your due diligence so you must act quickly. Assuming everything has been done correctly, you will probably get finance approval for the land purchase and perhaps some level of indicative approval on the construction.

With finance out of the way, you need to consider whether to use a project manager. A project manager’s role is to take responsibility and control of the development from start to finish. You have to decide whether you have the time available and skills required to manage the project yourself. In most cases, I would recommend you hire a professional. I have seen many clients attempt to do it themselves only to find it’s not as simple as they think and it ends up costing them more at the end of the day because of their inexperience.

Assuming you are managing it yourself, start by approaching the consultants you’ll need. If it is a land subdivision you will need surveyors. If it’s construction, you’ll still need surveyors but possibly at a later stage. And if constructing units or townhouses, you’ll need to decide whether to engage a builder directly or an architect or building designer for the project.

In Inner city “trendy” locations buyers will typically appreciate the style and flair a quality building designer or architect can bring, and they will be willing to pay a price premium. If you are going direct to a builder, comparing quotes can be difficult so ensure you develop your own understanding of costs. And don’t focus exclusively on cost. Time to complete the construction and work quality is very important criteria to consider when selecting a builder (remember time is money).

Depending upon the size of the project, it can take anywhere from 6 months to 3 years. It requires a great deal of determination, can be stressful, and to really be successful you often need to undertake many developments of which not everyone you’ll win. So if your development doesn’t go to plan, learn from your mistakes so that history doesn’t repeat itself.

The Reality of the Average Australian Investor
Who is the average landlord in Australia and how wealthy are they? Thanks to statistics from the Australian Taxation Office (ATO), we now have a much clearer picture.

Landlords are sometimes portrayed in the media as wealthy individuals who would do anything to squeeze an extra dollar out of their tenants. But while this may be true for a few, the reality is that the average landlord in Australia doesn’t match this description at all.

So, who is the average landlord in Australia and what do we know about him or her? Well, thanks to statistics for the 2009-10 financial year released by the Australian Taxation Office (ATO), we now have a much clearer picture.

The first thing to note is just how many landlords there actually are in Australia – more than 1.7 million of them. That means 1 in 7 Australians is a property investor, which goes some way into explaining why politicians might be wary of upsetting this rather large voter pool.

The ATO statistics show that 63% of investors are negatively geared, which means that their holding costs (e.g. interest payments, rates, and other costs) are greater than their rental income. Clearly, most Australia landlords are making a loss week to week.

As a group, these negatively geared investors made a total loss of $4.810 billion. But what is most revealing is that nearly 75% of these people earned less than $80,000 per annum. I would hazard a guess that half of the tenants renting from these landlords earned more than that!

It might be surprising that the majority of property investors in Australia are in the low-to-middle income brackets, but their age is perhaps less of a surprise. According to the 2009-10 Household Wealth and Wealth Distribution statistics from the ABS, nearly three-quarters of investment properties were held by individuals aged 45 and over. Baby Boomers held just over 55 per cent of these properties.

Retirement planning seems to be a driving factor for the majority of property investors. However, many of them are leaving it too late to start investing. The earlier you can get started the more time you have to build your equity base and the fewer risks you have to take.

Research conducted by property analyst Michael Matusik a few years back showed that three out of five investors borrow money to invest and more than 80% of investors buy for long-term capital gain. Mr Matusik also observed that most investors expect that property values will double every ten years.

Whilst historical data might suggest that this expectation isn’t unrealistic, the reality is that different properties will always perform at different rates. If the right properties aren’t purchased, investors could easily see their portfolio stagnate or even decline over a ten year period. This is why expert assistance is needed when it comes to selecting an investment property.

According to Mr Matusik’s findings, about 25% of the investors decided to sell within 12 months of purchasing the property and 50% sold within five years. The reasons for selling were varied.  About one third of investors sold because they needed the money, a quarter due to disappointing capital growth, 20% because of low rental returns, and one in six because they believed owning an investment property was simply too much hassle.

Given that most investors understand that property is a long term investment, and buy with the intention of realising long term capital gains, 75% will sell within the first five years. Ironically, it is generally after 5 years that property investments begin to truly realise their capital growth potential.

What’s clear to me is that to create serious wealth, you can’t afford to be an average property investor. You need the right information, advice and opportunities to give you an edge and ensure your properties outperform the rest. Only then will you reach your goals in a reasonable timeframe.

Tax Newsletter July 2012

Private health insurance rebate changes looming

Income testing of the 30% private health insurance rebate starts on 1 July 2012. Essentially, singles earning over $84,000 per annum and families earning over $168,000 per annum will receive a reduced rebate that is less than the current 30% rebate.

The ATO says that it will calculate a taxpayer’s private health insurance rebate entitlement after they have lodged their income tax return for the 2012–2013 year. If a taxpayer has claimed too much of the rebate, the ATO says it will “recover the amount” as a tax liability by adding the amount to the tax bill. However, if the full entitlement was not claimed, the ATO says it will credit the amount to the taxpayer as a refundable tax offset.

TIP: You may want to carefully consider your personal circumstances in response to the changes. Please contact our office if you have any questions.

CGT small business concessions denied

A recent case before the Administrative Appeals Tribunal (AAT) has demonstrated the need for great care when structuring arrangements to ensure a taxpayer’s eligibility for the small business capital gains tax (CGT) concessions.

The Tribunal held that the taxpayer had not passed the “maximum net asset value” test for the purposes of the CGT small business concessions in respect of a capital gain made on selling shares to his family trust. The taxpayer was a director and shareholder of a series of interlocking companies. The issue turned on whether a bank loan to the family trust was a liability that could be taken into account in applying the “maximum net asset value” test. However, the Tribunal held the loan could not be taken into account for various reasons.

TIP: One of the conditions for accessing the CGT small business concessions is that the taxpayer (other than those who qualify as small business entities) must satisfy the “maximum net asset value” test. To pass this test, the net value of all the CGT assets of taxpayer (including affiliates and connected entities) must not exceed $6 million (previously $5 million).

The rules are complex. The AAT decision highlights the importance of careful planning when structuring transactions. Please contact our office if you have any questions.

Director penalty regime – take two!

The Government has reintroduced legislation into Parliament to extend the director penalty regime. This will, among other things, make directors personally liable for their company’s unpaid superannuation guarantee amounts.

The changes also aim to ensure that directors cannot discharge their director penalties by placing their company into administration or liquidation while PAYG withholding or superannuation guarantee remains unpaid and unreported for three months after the due date.

The changes also propose a new “PAYG withholding non-compliance tax” that arises when a company has failed to pay amounts withheld to the Commissioner of Taxation. This tax will be levied on directors or associates of directors, provided certain criteria are met.

TIP: In 2011 the Government withdrew its original legislation from Parliament following calls for more consultation after a Parliamentary committee noted that innocent directors could be caught by the proposed rules.
Directors and those considering becoming a director (or those who might be considered an associate of a director) should take note of the changes. Please contact our office if you have any questions.

Minors and low income tax offset changes

The Government has introduced legislation to implement its 2011 Budget announcement to bring an end to the ability of minors (children under 18 years of age) to access the low income tax offset (LITO) to reduce tax payable on their “unearned income” such as dividends, interest, rent, royalties and other income from property.

The changes are designed to discourage income splitting between adults and children, including through the use of trusts. Once formally enacted, the changes will apply to assessments from the 2011–2012 income year onwards.

Under the new rules, a trustee who is assessed on the income of a minor will not have access to the LITO in circumstances where the income is considered to be unearned income of that minor.

Non-resident tax rate increases on the way

Legislation has been introduced into Parliament to amend the income tax rates for non-residents from 1 July 2012.

The changes, pending formal enactment, will essentially increase the non-resident tax rates from the 2012–2013 year onwards. Changes have also been made to the tax rates applicable to non-resident minors. Please contact our office for further details.

Commissioner’s new power to withhold refunds

Legislation is making its way through Parliament to give the Commissioner of Taxation a new power to withhold “high risk” refunds pending integrity checks of a taxpayer’s claim.

The changes are being introduced in response to court proceedings in which the Commissioner was ordered to pay a GST refund to a taxpayer, despite the fact that the outcome of an ATO audit was still pending. The proposed legislation is designed to address this by providing the Commissioner with a new legislative power to retain refunds in such circumstances.

It should be noted that the Commissioner’s power will apply to all refunds and claims arising under the tax law – not just GST. Some commentators have warned that the proposed measures are very broad and provide the Commissioner with the widest of discretions to withhold refunds.

Living-away-from-home concessions to be tightened

The Government has proposed a raft of changes concerning living-away-from-home allowances (LAFHAs) and benefits. Essentially, the Government is restricting access to the concessions. Employers and employees who may be affected need to take note.

Broadly, the following will apply:

  • LAFHAs will no longer be available for international secondments to Australia;
  • LAFHAs will only be available to Australian taxpayers who maintain a second home and only then for a time limit of 12 months per location; and
  • allowances will be taxable to employees with deductions for actual expenditure, rather than being taxable as fringe benefits that are subject to exemptions.

In order to obtain a deduction, the proposed new regime will also create requirements for employees to provide written evidence of their expenditure in some circumstances.

The proposed changes are set to take effect on 1 July 2012.  However, there will be grandfathering provisions to preserve tax concessions for up to two years for some arrangements that were in place prior to Budget night (8 May 2012).

TIP: The proposed changes are complex and will raise significant issues for affected employers and employees.

Following these developments and before the enactment of the legislation, it will be critical to identify how the changes may apply to your circumstances. If you have any questions, please contact our office.