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Tax Newsletter – August/September 2018

Government launches new service to simplify business registrations

The government has officially launched a new stand-alone Business Registration Service, providing a simpler and clearer way to register a business. The service is available at www.business.gov.au.

The service can be used for things such as applying for an Australian Business Number (ABN) or goods and services tax (GST) registration. It is for people starting a new business as a sole trader, company, partnership, trust or superannuation fund. Existing businesses with an ABN can also use the service to apply for tax registrations such as GST.

The Business Registration Service has reduced the average time taken to obtain a business and associated licences to under 15 minutes.

Illegal early access to super: ATO warning about scammers

The ATO has issued a warning to be aware of scammers who promise to organise access to people’s retirement savings for a fee. Unscrupulous promoters encourage people to illegally access their super early to help with expenses such as the purchase of a car, paying off debts, sending money to overseas relatives and taking a holiday. The ATO has seen promoters, mostly in western Sydney, targeting people with small to medium super balances, those involved in local community groups, and those who may not have engaged with their super before being approached.

ATO gives small businesses the chance to seek independent review of ATO audit position

From 1 July 2018, the ATO is running a 12-month pilot to extend its independent review service to certain small business taxpayers. This means those taxpayers can have the ATO’s audit position on their tax affairs independently reviewed.

The independent review is conducted by an officer from the ATO’s Review and Dispute Resolution business line. This officer will not have been involved in the audit and will bring an independent “fresh set of eyes” to the case. The independent reviewer will consider the documents setting out the taxpayer’s position and the ATO audit position. They will schedule a case conference with the taxpayer and the ATO audit officer, generally within one month of receiving the taxpayer’s review request.

The ATO audit team will finalise the audit in accordance with the independent reviewer’s recommendations. The pilot is currently limited to small business disputes involving income tax audits in Victoria and South Australia.

Transacting with cryptocurrency: updated ATO info

The ATO says a capital gains tax (CGT) event occurs when a person disposes of their cryptocurrency (eg Bitcoin). A disposal can occur when someone:

  • sells or gifts cryptocurrency;
  • trades or exchanges cryptocurrency (including the disposal of one cryptocurrency for another cryptocurrency) – if the cryptocurrency received cannot be valued, the capital proceeds from the disposal are worked out by using the market value of the cryptocurrency disposed of at the time of the transaction;
  • converts cryptocurrency to fiat currency like Australian dollars; or
  • uses cryptocurrency to obtain goods or services.
  • If you need assistance with the tax treatment of cryptocurrency, or the ATO’s record-keeping requirements for taxpayers who are involved in acquiring or disposing of cryptocurrency, please contact our office.

Tax gap for individuals is $8.8 billion, says ATO

The ATO has estimated that the net “tax gap” for individuals not in business in 2014–2015 is approximately 6.4%, or $8.8 billion. The gap is an estimate of the difference between the tax the ATO collects and the amount that would have been collected if every one of these taxpayers was fully compliant with the law.

In other words, the ATO estimates that individuals not in business paid over 93% of the total theoretical tax payable in 2014–2015.

ATO warns about scammers at tax time

The ATO has warned taxpayers to be on “high alert” for tax-related scams. ATO Assistant Commissioner Kath Anderson said the most common scam is still the “fake tax debt” phone scam, but the ATO is also seeing an increase in “fake refund” or “refund for a fee” scams, and email and SMS scams enticing people to click a hyperlink, download a file or open an attachment.

Scammers frequently claim to be from the ATO and taxpayers should be wary of any phone call, text message, email or letter about a tax refund or debt, especially if they were not expecting it.

Income tax residency rules for individuals: Board of Taxation recommends reform measures

The Board of Taxation has publicly released its initial report on its review of Australia’s income tax residency rules for individuals. The Revenue Minister said the Board found that the current individual tax residency rules require modernisation and simplification. The Board also identified opportunities for tax arbitrage, for example where individuals become “residents of nowhere” when they leave Australia and do not become tax residents of another jurisdiction.

The report considered whether the current rules (largely unchanged since 1930) are sufficiently robust to meet the requirements of the modern workforce, address the policy criteria of simplicity, efficiency, equity and integrity, and take into account a significant number of cases heard since 2009 relating to individual residency. The Revenue Minister has asked the Board to consult further on some key recommendations.

Retirement income covenant needs more flexibility: KPMG

KPMG has released a submission in response to the Treasury position paper on the proposed retirement income covenant announced as part of the 2018–2019 Budget. The proposed covenant will require trustees of superannuation funds (including self managed superannuation funds) to formulate a retirement income strategy for fund members. This requirement is aimed at supporting the government’s development of a comprehensive income products for retirement (CIPR) framework.

Illegal phoenix activity costs billions; new Phoenix Hotline

The ATO has released a new report on the economic impacts of potential illegal phoenix activity. It estimates that the annual direct impact of illegal phoenix activity on businesses, employees and the government was between $2.85 billion and $5.13 billion for the 2015–2016 financial year.

The government has also established a new Phoenix Hotline to combat phoenixing activity and to protect compliant Australian workers and businesses. Employees, creditors, competing businesses and the general public can confidentially provide information about possible phoenix behaviour via the hotline on 1800 807 875 or the ATO website. Disclosures will be protected.

Super funds deliver healthy returns for 2017–2018

The median “growth” superannuation fund delivered a healthy investment return of 9.2% for 2017–2018, with the top spot going to Hostplus with a return of 12.5%, according to superannuation ratings firm Chant West. Growth super funds are those with a 61–80% allocation to growth assets.

Every fund in the growth category had positive returns, with even the lowest performer delivering a 6.5% return. Growth funds have delivered nine consecutive years of positive returns, averaging about 9% a year, said Chant West senior investment manager Mano Mohankumar.

GST exemption for offshore sellers of hotel bookings to be removed: draft legislation released

The Treasurer has released draft legislation to ensure offshore sellers of hotel accommodation in Australia calculate their GST turnover in the same way as local sellers from 1 July 2019.

Under the proposed changes, offshore suppliers of rights to use commercial accommodation (eg hotels) in the indirect tax zone (broadly, Australia) will be required to include these supplies in working out their GST turnover. If the supplier’s GST turnover equals or exceeds the registration turnover threshold, GST must be remitted for supplies that are taxable supplies.

Property Newsletter – July

Keeping up with claims: the tax deductions investors miss

With end of financial year almost upon us, property investors are no doubt turning their attention towards this year’s tax return. It’s a crucial period for investors, and one that plays a key role in maximising their wealth creation.

Every year, Australian investors run the risk of losing thousands of dollars’ worth of easy tax savings by failing to claim lucrative deductions. Whilst many are aware of their basic entitlements, it’s often the finer details that end up costing them in the long run. So, what are the common property tax claims investors overlook?

Investment property tax

Depreciation of the building
One of the biggest, and possibly most lucrative, deductible claims that investors often miss is depreciation on their investment property. As a property’s structure devalues over time, this decline in value can be offset against an investor’s annual income, substantially reducing their tax bill come end of financial year. This is known as a capital works deduction, and it applies to the structural features of a property such as bricks, walls and fixed wiring. It’s also one of the only non-cash deductions investors can make come tax time, meaning they don’t actually have to spend money in a given year to claim this tax benefit.

The confusion for many investors comes when determining when they can (and can’t) make a depreciation claim. This rule varies slightly between commercial and residential property owners. For commercial property investors, capital works deductions can only be claimed for properties constructed after 20 July 1982. With residential rental properties, on the other hand, a capital works deduction can be claimed for properties that commenced construction after 15 September 1987. However, even if an investment property was built prior to these respective dates, this doesn’t mean there isn’t a claim to make at all. In cases where a property has been renovated and structural elements have been added further down the line, these improvements and alternations may also be eligible for depreciation. Investors who have undertaken renovations should have the alterations assessed by a licensed quantity surveyor, who can then draw up a tax depreciation schedule.

Depreciation of plant and equipment
In addition to depreciation on the structural elements of their asset, investors may also be eligible to claim depreciation for the declining value of the plant and equipment installed within their property. This typically refers to fixtures and fittings that can be easily removed from the property, and includes items such as carpets, blinds, ovens, and air conditioning units. As with capital works allowance, the exact laws for claiming depreciable items differ between commercial and residential property. While commercial property owners are able to claim depreciation for all eligible plant and equipment within their property, regardless of whether these items were installed by themselves or the previous owner, this is no longer the case for residential property investors. In light of the 2017 Federal Budget, residential property investors who acquired a property for income-producing purposes after 9th May 2017 aren’t able to claim depreciation for second-hand plant and equipment. Only investors who have bought the property new or installed the plant and equipment themselves are able to make a depreciation claim.

Borrowing expenses
It’s common investor knowledge that interest on investment loans can be claimed as an immediate tax deduction, but this doesn’t stop investors missing out on the long-term claim associated with borrowing money for a loan. Borrowing expenses refer to any costs associated with borrowing the money needed to purchase a property, and includes items such as loan establishment costs, lenders’ mortgage insurance, stamp duty on the mortgage and mortgage broker fees. These costs aren’t immediately tax deductible, but can be claimed as a property tax deduction over a period of five years or over the term of the loan, depending on which is shorter.

Property management fees
Property managers can be an incredibly valuable asset when it comes to helping investors maximise their rental returns and keeping their property aligned with tenants’ needs. What some investors don’t realise, however, is that these property management fees can be claimed as a tax deduction come end of financial year. Providing investors use their property for income-producing purposes, any fees paid for the management of the property will be classified as part of the overall expenses of the property for that year, and can therefore be offset against their annual taxable income. If a property has only been rented out for half of that year, a deduction can still be claimed for the period during which the property was used for rental purposes, but not beyond this.

Travel expenses
Another common deduction that over gets overlooked by investors is the travel expenses relating to the management of their investment property. This applies to commercial investors who need to travel to inspect, maintain or collect rent for their commercial rental property. Whilst these travel costs were once also deductible for owners of residential rental properties, the 2017 Federal Budget saw the overturning of this law. This was largely driven by the concern that investors were claiming travel deductions for private travel purposes and not correctly apportioning costs. Whilst this change impacts investors who opt to self-manage a residential property, it doesn’t impact their ability to claim a tax deduction for third-party property management.

Please note: Momentum Wealth and its affiliated entities are not accountants or financial planners. While all information is provided in good faith, investors should seek their own independent advice in relation to all tax matters.

Case study: the importance of acting fast in a moving market

When property markets start to pick up after a downturn, entry into the recovery phase is often signaled by rises in property prices and increased levels of buying activity.

For investors, these changes in market conditions can have a very real impact on investor competition. As growing confidence in the market begins to drive increased interest from investors, buyers will need to act faster to snap up their investment property of choice and avoid missing out on key investment opportunities. This is something our buyer’s agents are starting to notice more and more as the Perth market shows increasing signs of recovery and stabilisation.

A case study: signs of a moving market
The case in point is a 3×1 property we recently identified in Willagee. This property was of particular interest because it was a corner block property with R40 zoning, meaning it held high potential for value add opportunities through development and subdivision.

Our buyer’s agents and research team first started monitoring this property back in October 2016. At the time, the property was listed for sale at $499,000, but was later taken off the market in February 2017 after a period of four months.

Fast forward a further fifteen months, and the property was relisted for sale in mid-May 2018, this time at $549,000. This marked a significant 10% increase on its original sales price. And this time round, the resulting outcome was extremely different. After just seven days on the market, the property had already sold for a significant $535,000. Same property, stronger market conditions, and a stark contrast in performance.

This isn’t the only case like this we have witnessed in recent months. In fact, our buyer’s agents are starting to see more and more properties attracting higher levels of competition from investors, with some properties receiving multiple offers after as little as just two days on the market. This, along with the clear improvement in sales performance demonstrated above, provides undeniable proof that the Perth market is moving forward, and we can only expect more of these situations to arise as the market heats up further in the coming months.

Staying one step ahead
As competition from both local and interstate begins to pick up, it’s inevitable that investors will need to act faster to secure high-performing properties. In situations like these, having the professional insights and guidance of a buyer’s agent could provide investors with a huge competitive advantage over fellow buyers.

At Momentum Wealth, our buyer’s agents work with real-time insights from our in-house research team to help investors identify high-performing properties as and when they hit the market. Through these insights, we are able to offer investors a unique advantage when it comes to selecting and securing highly desirable properties which are likely to attract high levels of competition from other investors.

If you are thinking about buying in Perth’s moving market and would like to speak to one of our buyer’s agent, get in touch with us to organise an obligation-free consultation with one of our dedicated property specialists.

Rentvesting: an affordable alternative for first-time investors?

It’s hard to consider investing in property as a young buyer without addressing the elephant in the room – housing affordability. For many young investors, the prospect of paying off a mortgage alongside kick-starting a career, travelling the world and paying back student debt just isn’t a possibility through the “traditional” avenue of home ownership. With property prices in high-demand suburbs becoming increasingly unaffordable, what was once deemed the Australian dream is also losing appeal amongst upcoming investors who still want to enjoy the benefits of the inner-city lifestyle while they’re young.

As a result, in recent years we’ve seen more and more first-time buyers forego the traditional home ownership model in favour of rent-vesting – renting somewhere to live whilst buying an investment property in a more affordable suburb. So what are the potential benefits of this investment strategy? And how could rent-vesting help first-time buyers break into the property market without giving up the new Australian dream?

Young investors 

Invest where you can afford, rent where you want to live
For many aspiring investors looking to enter the property market, buying a home in their dream location isn’t always a possibility. With affordability posing a greater issue in inner-city suburbs, becoming a home owner often means looking further afield and sacrificing perks such as proximity to work, nightlife and activity precincts. By becoming a rent-vestor, however, modern buyers don’t need to give up their dream location to get a foothold into the property market. Instead, they can enjoy the best of both worlds – investment in a more affordable area with high capital growth potential and renting a property in their ideal location. This can be a particularly beneficial strategy for those looking to rent with others and share the living costs. Most importantly, however, it gives first-time buyers the opportunity to get a head start on their investment journey whilst still enabling them to enjoy the perks of the lifestyle they love.

Flexibility to move around
Rent-vesting can be a great option for investors who want to take advantage of the flexible nature of renting. For younger buyers who aren’t ready to settle down in one location, this investment strategy provides a way to enter the property market whilst still allowing them the freedom to move around as they wish. Whilst perhaps not the strategy for families or investors who want to call their house their own, this can be an ideal scenario for young investors who still plan to travel or want the option to relocate for work. And this benefit isn’t just for young investors – rent-vesting is also gaining increasing appeal amongst busy professionals who move interstate or overseas to take advantage of career opportunities.

Tax incentives
By making their first purchase an investment property as opposed to a home, first-time buyers are able to take advantage of numerous investment tax benefits that aren’t applicable to owner-occupier properties. Whilst owner-occupier mortgage repayments can’t be deducted come tax time, the costs associated with owning an investment property can be. This includes expenses such as interest payments on investment loans, the costs of advertising for tenants, repairs and maintenance and more. These tax benefits can make the prospect of owning a property considerably more affordable for first-time investors.

Start your investment journey earlier
For investors looking to purchase a home in a location that suits their lifestyle, it can take years to save up a deposit, which often means putting long-term investment plans on hold. Rent-vesting provides a way for aspiring investors to enter the market earlier through a more affordable avenue so they can begin growing their wealth and building the equity they need to either buy that dream home or start expanding their property portfolio.

If you are a first-time investor looking to make your first purchase an investment property, it’s incredibly important to find a property that aligns with your long-term investment goals. As experts in property investment, our professional buyer’s agents can assist you in finding high-performing properties that fit your investment criteria and, most importantly, provide you with the best possible start in your property investment journey.

Contact us today to organise an obligation-free consultation with one of our property investment specialists.

Essential winter maintenance tips for your investment property

As an investor, it’s important not to underestimate the pivotal role that property maintenance plays in keeping your investment costs down and protecting your long-term wealth. As well as ensuring your tenants remain happy, looking after your property and preventing any issues before they arise could be key to avoiding costly damage that could take a serious bite out of your bottom line.

Whilst property maintenance is important all year round, properties always require that extra bit of attention during the winter months. During winter, the harsher weather will often highlight issues that weren’t previously visible in the warmer seasons, with minor damage at risk of becoming a serious problem with the rain and storms that winter brings. To prevent these small issues turning into costly repairs, here are some of the winter maintenance checks you should be organising to protect your investment property.

Winter maintenance

Inspect for wear and tear
During winter, problems that may have gone unnoticed during the warmer seasons such as minor leaks in gutters and rooves are easier to identify, meaning it’s a great time for investors to check their property for any issues that may need addressing. Problems such as water leaks can cause a substantial amount of damage in a short time-frame if left unrepaired, leading to costly issues such as mould, water stains and damaged walls. To prevent these problems arising, you should organise a professional maintenance check to identify any small leaks in gutters or lose roof tiles that could result in water damage. Whilst these checks may set you back around $180, this is relatively minor compared to the hundreds of dollars you may otherwise need to splash out to repair deteriorating eaves and water-damaged ceilings.

Clean your gutters
Gutters will often accumulate a lot of leaf and debris over the warmer months. Whilst not always a major issue in summer, this build-up of debris can become a bigger problem as the weather gets damper. To prevent blocked gutters causing water damage to your investment property, we recommend investors get gutters professionally cleaned to ensure rainwater is properly diverted during the wet weather.

Pool maintenance
Whilst they can be a drawcard for tenants in summer, properties with pools are often less appealing to tenants in winter. To get around this, our property managers usually recommend that investors include pool maintenance in their lease to reduce any potential hassle-factor to tenants. Although pools won’t be getting much use during winter, it’s important to keep them in good condition to ensure they stay clean and damage-free throughout the colder months. This is especially the case if you’re looking to re-lease their property in winter, as issues such as debris and algae can be off-putting for prospective tenants. Whilst it may cost to have the pool professionally cleaned, this is a relatively low cost investment compared to the huge outlays you could be spending further down the line should the pool incur damage from lack of maintenance, and that extra bit of care could see you making more from rental yields.

Check heating systems
During winter, tenants will often make use of heating systems and appliances that have gone unused over the summer months. This change in temperature and increased usage will often require additional maintenance from investors. As the cold weather sets in, you will need to check key appliances such as heating and hot water systems to ensure they are working efficiently and adjusted to the correct setting. It’s also a great time to organise an annual service for your air conditioning system, as issues with split air conditioning often only become apparent when tenants start using them for heating. With the wetter weather also presenting ideal conditions for the build-up of unsightly issues such as mould, it’s also a good time to check that exhaust fans are in working order to ensure the property remains well ventilated, paying particular attention to damper areas such as the laundry and bathroom.

Professional asset management
As an investor, it’s important to remember that your investment strategy doesn’t just stop at the acquisition of a property. In order to make the most out of your investment property in the long-term, you also need to commit to ongoing maintenance to ensure your property remains appealing to tenants and avoid unexpected costs. As experienced property managers, our asset management team at Momentum Wealth aren’t just committed to taking care of the day-to-day maintenance of your investment property, we are committed to maximising your long-term results. Whether it’s helping you avoid costly repairs or identifying opportunities to add value to your rental property, our property management team are dedicated to protecting your long-term wealth and keeping your investment costs at a minimum through smart asset management.

If you would like to find out more about our asset management services, get in touch with Momentum Wealth’s property management team via our online contact form.

Premium suburbs leading the charge for Perth market

Suburbs in exclusive locations are helping support the recovery of Perth WAs property market, touting some big growth percentages.

The top suburbs, with nine out of ten having a median price of at least $1 million, are all located close to either a river or the ocean, according to Shane Kempton, chief operations officer for Professionals real estate group in Western Australia and the Northern Territory.

“These premium suburbs were either located close to the river or ocean. Applecross was the top performer with a median house price increase of 32.4 per cent over the past year rising to $1.6 million, while Dalkeith was ranked number tenth with a median house price of growth of 8.3 per cent, pushing its median house price in this suburb to $2.6 million,” Mr Kempton said.

“These price growth rates are significant when you consider the overall median house price in Perth fell by 1 per cent over the same period to $510,000.

“Traditionally, it is the top end of the real estate market that leads the recovery in the Perth property market and these figures confirm that Perth is now entering this recovery stage.”

The growth of these suburbs, he explained, can be attributed to two reasons; the recovery in the resources is sector is giving property buyers confidence to purchase premium property and as a result of this, stock has declined, which is driving prices up further.

Mr Kempton said when looking at historical data, when prices rise in Perth’s premium suburbs, a ripple effect is felt throughout the rest of the market over a one to two-year period.

“These second-tier suburbs include areas such as Booragoon, Melville, Manning, Como, NSWComo, WA, Floreat, Shenton Park, Subiaco, Wembley Downs and Woodlands,” he said.

“We should therefore see rising prices in other areas of Perth during the coming two years with the outer suburbs which have been worst affected by oversupply issues, being the last areas to benefit from this upward correction in property prices.

“In vast majority of areas in Perth, property prices are still at rock bottom and buyers should now move quickly to secure a property before the recovery in the market gains further momentum to avoid buyers’ regret.”

The top 10 premium suburbs in Perth, according to Professionals analysis and sourced from the Real Estate Institute of WA, are:

Rank Suburb Median sale price Growth over the last year (as a percentage)
1 Applecross $1,675,000 32.4%
2 Bicton $1,080,000 22.7%
3 North Freemantle $1,140,000 18.8%
4 Cottesloe $2,177,500 13.3%
5 Kallaroo $790,000 13.3%
6 Nedlands $1,655,000 13.2%
7 Mosman Park $1,400,000 9.8%
8 Ardross $1,050,000 9.4%
9 City Beach $1,800,000 8.6%
10 Dalkeith $2,600,000 8.3%

 

 

Coodanup, Greenfields among the Perth suburbs with the best rental return

SOME of Perth’s least desirable addresses are proving the most lucrative for savvy landlords.

Investors unperturbed by slim capital gain prospects in battler suburbs are cashing in on cheap underlying land values to pocket rental yields approaching six per cent.

Houses in Mandurah’s Coodanup (5.8 per cent) and Greenfields (5.7 per cent) returned rental yields better than anywhere in Perth in the past 12 months, despite both locations ranking among the most disadvantaged.

According to Australian Bureau of Statistics data, median weekly household incomes in Coodanup ($830) and Greenfields ($948) are about half the WA average of $1595, and almost 11 per cent of adults in both suburbs have not completed Year 10, double the WA average.

It is a similar story in all of the REA Group’s top 10 suburbs for rental yield over the past year, all of which, other than Hilbert, fall into the ABS’ bottom 20 per cent of locations.

The average Coodanup home cost $245,000 and returned $14,300 a year in rent, for a rental yield of 5.8 per cent. That means owners would recoup the value of the home in about 18 years, just over half the length of a typical 30-year home loan. By contrast, the median home price in Applecross — one of the worst locations for rental yield at 1.6 per cent — was $1.65 million and returned $25,740 a year in rent. At that rate, it would take 64 years to recover the original cost of the property.

But Momentum Wealth research adviser Shaun Strickland warned against rushing out to snap up cheap homes based on rental yield alone.

“The potential for strong rental yields may be high, but long-term capital growth is limited by the low land values,” Mr Strickland said.

REA Group chief economist Nerida Conisbee said different strategies would appeal to different types of investors.

“Right now, the Perth market is in the early stages of recovery and blue-chip suburbs are starting to see price growth,” she said. “So for investors after capital growth, it would pay to look there. If you want yield, look to lower socio-economic locations.”

Seven common mistakes investors make

When it comes to winning big in real estate, many turn to property investment. But achieving success takes time and patience, with only a handful making it past their first investment.

To ensure you don’t fall into the property trap, we spoke to the experts from Momentum Wealth to discuss seven of the most common mistakes property investors make.

  1. Don’t buy in an overheated market

Momentum Wealth Research Advisor Shaun Strickland said many investors see reports of unprecedented growth in one area and assume this must be the next ‘boom’ suburb.

“If you are reading about a boom in the media, chances are it is already too late to be buying in the suburb. Instead, investors need to be identifying areas that are likely to outperform in the long-term, which is where the advice of a professional buyer’s agent could prove invaluable,” Mr Strickland said.

  1. Not doing enough homework

The property market is always changing, and you will never know EVERYTHING there is to know about real estate. But, doing your homework nonetheless is essential and studying the suburb you wish to buy in will make it worth your while.

Mr Strickland believes research is the cornerstone to a successful property investment.

“Identifying high-performing properties requires analysis of demand and supply, knowledge of the local demographic, consistent market monitoring and awareness of other key growth factors,” he said.

“Once investors have narrowed their search to a specific suburb, they will then need to assess the potential of individual streets and properties.”

Another common mistake investors make is that they tend to only research properties within five kilometres of their current location.

Mr Strickland also said “whilst it’s a natural reaction for investors to look in areas they are most familiar with, this could result in them missing out on key investment opportunities elsewhere.”

  1. No backup cash

According to Momentum Wealth Finance Team Leader Caylum Merrick, many investors fall into the trap of not saving up a sufficient cash buffer once they’ve actually acquired a property, which could leave them in a disadvantaged position should unexpected scenarios arise such as property repairs, rises in interest rates or tenants leaving a property.

Mr Merrick advises investors to set aside a cash buffer to cover unexpected costs for each property in their portfolio.

“We also advise investors to work with an experienced property manager to understand any of the potential costs that could occur for their particular property,” he said.

Find a property manager

  1. Cross-collateralisation

This is when more than one property is used as security for a loan or multiple loans.

“Cross-collateralisation can significantly reduce an investor’s ability to borrow in the future, so it is especially important to seek the help of a mortgage specialist who fully understands their financial needs and long-term investment goals.

“Choosing the right loan strategy from the start can significantly maximise an investor’s borrowing capacity and give them more flexibility moving forward,” Mr Merrick said.

  1. No plan, no gain

All property investors have one goal – to build a lucrative property portfolio. However getting there without a plan or goal will backfire. As the old saying goes, if you fail to plan you plan to fail.

You need to have an end vision of where you want to end up and then follow a strategic plan to get there.

  1. Thinking with your heart not your head

With the Perth property market starting to show signs of recovery and stabilisation, interest will grow from property investors, meaning buyers need to act fast to secure their ideal property.

An investment should be look at as a business decision. Making an ’emotional purchase’ is to be avoided at all costs. A decision driven by your heart can lead you to over-capitalise rather than prioritise the best outcome for your investment goals.

Base your decision on facts, statistics and research.

  1. Choosing to self-manage

Seeking the advice of a professional can help you avoid making simple mistakes, and they can also play a vital role in helping investors identify opportunities to maximise rental returns.

“Property investment experts can assist investors in identifying properties with the highest growth prospects that a single investor may not be able to discover or analyse on his or her own,” Mr Strickland said.

It can be very daunting trying to handle all aspects of property investment on your own, especially if you have a portfolio of more than one or two properties.

Momentum Wealth Asset Management Advisor Clare Christiansen said property managers play an important role not only in the day-to-day running of properties, but also in supporting an investor’s overall investment strategy and protecting their long-term wealth.

“Property investment doesn’t stop at the acquisition of a property,” she said.

“Savvy investors will also realise that smart asset management is key to their long-term wealth strategy.”

Read more about why property managers are vital to a successful investment.

Or, to begin your investment journey, browse properties for sale in Perth, WA.

The most popular suburbs for rentals in Perth: REIWA

White Gum Valley, Scarborough and Shenton Park are among the 10 Perth suburbs where landlords are finding tenants for their rental properties the fastest, according to data released from the Real Estate Institute of Western Australia (REIWA).

REIWA President Hayden Groves said that while on average it takes Perth landlords 45 days to secure a tenant for their rental, many suburbs across the metro area were experiencing faster leasing times.

“In White Gum Valley for example, landlords are finding tenants for their rental properties in approximately 27 days – 18 days faster than the Perth Metro average, while in Scarborough and Shenton Park it takes 28 days and in Pearsall and Leederville 29 days,” Mr Groves said.

The data from REIWA shows all but one of the suburbs on the list have a median house rent price above the Perth Metro median of $350 per week.

This charming two-bedroom house is available for $430/week as featured on Thehomepage.com.au Image: Realmark Coastal

“Number six on the list, Floreat, has a median house rent of $543 per week, close to $200 more than the Perth Metro average,” Mr Groves said.

“Many of these suburbs are well-established areas, typically popular with the trade-up and luxury segment of the residential market. This suggests that tenants are finding good value in suburbs that might otherwise be considered out of their price range, and are acting fast when rentals become available for lease,” he said.

Source: REIWA

The data shows that all of the suburbs on the list, with the exception of Shenton Park, saw a notable improvement in average leasing days over the last year.

“The Vines and White Gum Valley had the biggest reduction in average leasing days, experiencing declines of 34 days and 26 days respectively between May 2017 and 2018,” Mr Groves said.

This sleek two-bedroom apartment is available for rent $400/week in Leederville, as featured on Thehomepage.com.au Image by Here Property.

“A combination of strong leasing activity levels and declining listings has caused the pendulum to start to swing in favour of landlords. This is particularly the case in those suburbs where we are observing quick leasing times.

Source: REIWA

“Prospective investors who are considering purchasing an investment property in one of these suburbs are in a very good position to secure a tenant quickly,” he said.

Find out more information on the rental market in Perth from the Perth Market Snapshot on the Real Estate Institute of Western Australia website.

Tax Newsletter – June/July 2018

Tax planning

With the end of the 2018 income tax year rapidly approaching, this issue draws attention to year-end tax planning strategies and compliance matters that you need to consider to ensure good tax health. It focuses on the most important issues for small to medium businesses and individuals to consider.

Tip: This is general information, but we’ll take your particular circumstances into account to help you achieve good tax health. Contact us to find out more.

Deferring derivation of income

If your business recognises income on an accruals basis (when an invoice is raised) and your cash flow allows, you may consider delaying raising some invoices until after 30 June, meaning the assessable income will be derived after the 2018 income tax year.

For business income derived on a cash basis (interest, royalties, rent and dividends), you may consider deferring the receipt of certain payments until after 30 June 2018. For example, setting term deposits to mature after 30 June 2018 rather than before.

Bringing forward tax-deductible expenses

To qualify for deductions in the 2018 income tax year, you may be able to bring forward upcoming expenses so that you incur them before 30 June 2018. Small businesses and individual non-business taxpayers may prepay some expenses (such as insurances and professional subscriptions) up to 12 months ahead. This should only be done subject to available cash flow and where the prepayment makes commercial sense.

Businesses

Lower company tax rates and imputation

Company tax rates are falling in Australia. Companies carrying on a business with turnover of less than $25 million will pay a rate of 27.5% in 2018 – the rate of 30% only applies if turnover is $25 million or more, or the company is not carrying on a business.

By 2027, the tax rate will reach a low of 25% for companies carrying on a business with turnover up to $50 million.

Tip: The dividend franking rate for 2018 may be different from a company’s tax rate, depending on whether turnover in 2017 was less than the current year’s turnover benchmark ($25 million for 2018).

Deductions for small business entities

Small business entities (companies, trusts, partnerships or sole traders with total turnover of less than $10 million) will qualify for a raft of tax concessions in the 2018 income tax year:

the $20,000 instant asset write-off – an immediate deduction when buying and installing depreciating assets that cost less than $20,000.

the simplified depreciation rules – accelerated depreciation rates of 15% or 30% for depreciable assets that cost $20,000 or more;

the small business restructure rollover;

an immediate deduction for start-up costs;

an immediate deduction for certain prepaid expenses;

the simplified trading stock rules – removing the need to do an end-of-year stocktake if stock value has changed by less than $5,000;

the simplified PAYG rules – the ATO will calculate PAYG instalments;

cash basis accounting for GST – the ATO will calculate the GST instalment payable and annual apportionment for input tax credits for acquisitions that are partly creditable;

the FBT car parking exemption (from 1 April 2017); and

the ability for employees to salary-sacrifice two identical portable electronic devices (from 1 April 2016).

These concessions are very powerful for small businesses, and can lead to substantial tax savings.

Small business CGT concessions

If you’re selling a business that has an aggregated turnover of less than $2 million (a “CGT small business entity”) or the value of its net CGT assets is $6 million or less (it satisfies the $6 million “net asset value” test), you may be able to access the small business CGT concessions.

These concessions include:

a 15-year exemption – no CGT is payable;

a 50% active asset reduction – a 50% CGT discount in addition to the 50% general discount;

the retirement exemption – up to $500,000 lifetime tax-free limit; and

the active asset rollover – minimum two years’ deferral.

Individuals

No more Budget repair levy

The Budget repair levy (2% of the part of your taxable income over $180,000) no longer applies in 2018. This means that the top marginal rate for 2018 (including the 2% Medicare levy) is 47%, as opposed to 49% in 2017. The FBT rate is also 47% for the 2018 FBT year.

Deduct work-related expenses

People overclaiming deductions for work-related expenses like vehicles, travel, internet and mobile phones and self-education are on the ATO’s hitlist this year. There are three main rules when it comes to work-related claims:

You can only claim a deduction for money you have actually spent (and that your employer hasn’t reimbursed).

The expense must be directly related to earning your work income.

You must have a record to prove the expense.

Deductions are not allowed for private expenses (eg travel from home to work that’s not required to transport bulky equipment) or reimbursed expenses (eg for the cost of meals, accommodation and travel). And although you don’t need to include records like receipts with your tax return, the ATO can deny your claim – and penalties may apply – if you can’t produce the evidence when asked.

Tip: The ATO now uses real-time data to compare deductions across similar occupations and income brackets, so it can quickly identify higher-than-expected or unusual claims.

Superannuation contributions and changes

There have been a number of fundamental changes to the superannuation landscape for the 2018 income tax year, including changes to the caps for concessional contributions (now $25,000 for all taxpayers) and non-concessional contributions ($100,000, or $300,000
under the three-year bring forward rule) and the introduction of the general transfer balance cap and total super balance threshold (each currently $1.6 million).

Also from 2018, both employees and self-employed individuals can claim a tax deduction annually (maximum $25,000) for personal superannuation contributions, provided the superannuation fund has physically received the contribution by 30 June 2018 and the individual provides their superannuation fund with a “notice of intention to claim” document.

Property owners

There have been recent changes to:

the tax treatment associated with residential rental properties (eg travel deduction and depreciation changes);

CGT and GST withholding tax obligations for purchasers of property;

superannuation measures impacting home ownership (eg the first home super saver scheme and the superannuation downsizer incentive); and

stamp duty and land tax, which varies from state to state.

The government has also proposed to abolish the main residence CGT exemption for taxpayers who are no longer Australian tax residents at the time they sign a contract to sell their home, regardless of how long the home has actually been used as a main residence.

Tax compliance and developments

Single Touch Payroll

From 1 July 2018, employers with 20 or more employees will have to run their payroll and pay their employees through accounting and payroll software that is Single Touch Payroll (STP) ready. This is a major reporting change, as employers will report payments such as salaries and wages and allowances, PAYG withholding and super information to the ATO directly from their payroll solution at the same time employees are paid.

GST on low value imported goods

From 1 July 2018, overseas vendors with GST turnover of AUD$75,000 or more in Australian sales will have to account for GST on sales of imported goods costing AUD$1,000 or less to consumers in Australia.

Payments to contractors in building and construction

Businesses in the building and construction industry must report to the ATO about their total annual payments to contractors by 28 August 2018. The government has proposed to extend this reporting regime to cleaners and couriers (from 1 July 2018) and to security providers, road transport and computer design services (from 1 July 2019).

Property Newsletter – May 2018

Applecross – The southern peninsula with a beautiful Perth City aspect

Famous for its Jacaranda lined streets and sweeping river and city views, the suburb of Applecross is one of Perth’s premium inner city suburbs lying on the river banks of the Swan River.

Applecross is located in the City of Melville, approximately 6 kilometres south of the Perth CBD and is the gateway to the Fremantle district.

It features a population of 6,887, making it a medium-sized Perth metropolitan suburb. The current median age is 43 years old, which is older than the Perth median of 36. The difference in median age is due to the higher amount of empty nesters in the area. Applecross is a destination suburb where the extravagant land values outprice a younger demographic.

With close proximity to the Perth CBD, recent ABS census data has stipulated that 35.6% of the population identify themselves as professionals and 20.0% as managers, which is well above the WA average at 20.5% and 12.0%, respectively.

Its neighbouring suburbs include Ardross and Mount Pleasant to the South, which are also largely family-based affluent areas. East of Applecross, across Canning Bridge, lies Como, another expensive family orientated property market. It is bordered by the Swan River to the North.

With high frequency bus transport down Canning Highway, and Canning Bridge Train Station servicing the eastern section of the suburb, public transport to and from Applecross is one of the main drawcards of the area. The Kwinana Freeway runs down the eastern periphery of the suburb allowing for easy access private transport to the Perth CBD as well as to the southern suburbs.

The median house price is $1,600,000 with the dwelling stock comprising of 63% housing, 25% semi-detached dwellings and 12% units, making the area a fairly mixed housing use area.

The high density housing is mainly focused around Canning Bridge, with future development to be prominent with the introduction of the Canning Bridge Precinct Structure Plan which aims at creating a satellite city at Canning Bridge as a gateway to the South. Low density housing of R12.5 – R20 is the predominant coding in the residential area with the lower coding predominantly in place along the river foreshore, where you can find large mansion-style dwellings.

The housing stock has no clear era as redevelopment of the existing housing stock has occurred continuously with 1940s homes being replaced by larger two storey dwellings. Some older 1960s apartments still exist scattered throughout the suburb while brand new apartments are being constructed nearby Canning Bridge.

The leafy family suburb has an abundance of amenity within the suburb and on the peripheries. Ardross Street Café Strip is always bustling with vibrancy, and the Canning Bridge Precinct is bringing more office, restaurants and bars to the area, including the historically significant Raffles Hotel. On the outskirts of the suburb is Garden City for retail needs, and further down Canning Highway is the large Fremantle Activity Centre.

Applecross’ proximity to the CBD and positioning on the Swan River are the two largest drawcards for the area, coupled with tree lined streets, good schooling and lively cafes and restaurants.  The suburb is one of the most expensive suburbs of Perth, with large plans to increase densification and vibrancy in the near future through the highly publicised Canning Bridge Precinct which has already seen the start of high rise development.

Diverse Commercial Investment Key to Property Success

Many investors are familiar with the strategy of diversifying their assets and spreading their wealth (and consequently risk) across multiple investment vehicles.  When it comes to property investment, many savvy investors recognise the need and the role commercial property play alongside an established residential portfolio; however given the usually high cost of acquiring commercial property, few investors have the financial capability or appetite to add multiple commercial investments to their portfolio. This prevents investors from realising benefits of growth and risk mitigation from investing across multiple industries.

Commercial property investment continues to play a crucial role in building a successful property portfolio for savvy investors as net yields for commercial property are typically between 7-9%, compared to residential of between 3-4%. However commercial property generally experiences lower capital growth compared to residential and can be heavily impacted by economic factors influencing industry segments. Longer vacancy periods, higher interest costs and higher deposits are all factors that can present significant risk factors to investors who may only be exposed to one type of commercial property.

For example, the end of 2017 saw significant differences in performance across the industrial, retail, office and medical sectors, with each segment subject to unique market factors at both state and national levels.  An overall flight to quality trend in the commercial space has seen many commercial investors creating more attractive spaces to incentivise long-term leases from tenants and secure cash flow.

While a diverse commercial property investment strategy is attractive to many investors, with quality commercial assets generally costing at least $2 million, with many great assets costing significantly more, this may not be a viable financial option for everyone.

Commercial property syndicates and funds can be considered by investors as an available and logical means to access investment across various commercial segments as they can have the added advantage of an experienced, and hopefully proven, acquisitions team and professional asset management which can better ensure optimum return rates.

When done correctly, investing in commercial property is a valuable asset in a successful investment portfolio and can provide cash flow security. Like any investment, there are several factors that must be considered before deciding if it is the right strategy for you and your goals, and professional advice for your situation should be obtained before making any decisions.

How to select property that outperforms the market

In good times, it’s easy to become complacent when choosing an investment property. The media’s full of hype, prices are skyrocketing, and people are in a scramble to buy. It’s not unusual in times such as these to think that anything you touch will turn to gold. But it’s not until things get a bit rocky that the market really starts to sort out the wheat from the chaff. Properties that never had the right fundamentals get hit hard, while the rest calmly weather the storm.

With the market turning upwards once again, I’m sure many of you are contemplating acquiring an investment property. If you are, learn from the mistakes many others made in the last boom and purchase wisely. You must always remember that not every property is the same. In fact, the potential for growth in each property can vary quite dramatically.

Let me explain. What would you say if I offered to write you a cheque in 10 years time for $75,000, no strings attached? I’m sure you’d jump at it. Well, buying a $500,000 property that experiences a 7% average annual growth compared to one with a 6% average annual growth will result in around $75,000 of extra equity. Even after only 5 years, the 1% difference will put about $25,000 extra into your pocket. It’s a simple example but just goes to show property selection is critical to maximising your wealth.

Selecting the best possible property often comes down to a number of factors. In this article, I’m going to focus on just one – supply.

Supply is just one half of the equation, demand being the other. If demand for houses increases faster than supply, then prices will go up. If demand decreases and plenty of supply still remains, prices go down. And naturally, if they are about equal to one another then prices will remain relatively stable. Not a bad thing, but not a good thing either if you’re looking to build your wealth as fast as possible. So if you’re looking to buy a well-performing investment, it makes sense to look for something in an area with relatively limited supply.

Areas with limited supply tend to be those that are well-established. If you buy a 3×1 in an area that is 30-40 years old not too far from the CBD, you know that supply of that type of property is unlikely to increase substantially as there is no more land available to build on. Assuming people hold a desire to live in that area and, better yet, you predict that desire to increase over years to come, then you can be reasonably confident your property’s value will continue to rise. But just buying in established areas close to the CBD is not necessarily secure for every type of property. Consider a 2×1 apartment just a short stroll from the CBD. If there is surrounding land ripe for development, or plenty of old buildings ready to be demolished for brand new apartment complexes, supply of apartments in that area could be plentiful. When researching an area, I find it valuable to contact the council to find out what plans there are for the area. Potential changes to zoning to allow more subdivision or demolishing of large schools or hospitals to accommodate new estates in the area, may all impact on your decision to buy whether for worse or for better.

Venturing out further from the CBD often leads to areas that are relatively new and perhaps starting or in the midst of development. Many are usually abundant in available land, both in their own suburb and in future areas surrounding it. Whilst I certainly believe there are some good buys in such areas (due to them possessing other key fundamentals), they can be risky due to excess supply issues.

Often supply needs to be considered in light of time. There may be enough land in the area to develop for another 10 or even 15 years, and if there’s a real chance you may sell in that timeframe, you may be caught fighting against a hundred other similar homes on the market at the same time. With plenty of competition, it’s unlikely houses in the area will be achieving significant price growth. In this scenario, you might find your money may have been better invested in another area.

On the topic of supply in outer fringe areas, there’s a phrase that I feel investors should be a little cautious of and this is “growth corridor”.This seems to be the latest catch-cry of a host of suburban fringe developments like the Beenleigh area in Queensland, the Truganina area of Victoria, or the far north-east area of Perth. I hear many investors pronounce what a great capital growth investment they’ve made because they’ve bought in a growth corridor such as these. I need to emphasise that “growth corridor” is not referring to capital growth, it is referring to population growth. And whilst the influence of population growth is another factor that can positively impact property prices, it needs to be considered in light of the overwhelming amount of supply that is almost a guaranteed feature of these corridors.

But sometimes supply is not always about what land or opportunities are around ready for development. A character home from the early 1900’s in an area with plenty of redevelopment going on, will still fare well. That is because character homes themselves are always in limited supply – what stands today is all that will ever be. No matter how much land is created in that area, you just cannot duplicate the age and real features of a character home that are much desired.

The concept of supply and its impact on price growth is actually quite logical but it’s something that many investors somehow seem to forget. Perhaps they get carried away with the excitement of buying, are won over by the beautiful décor of a place, or can’t resist a so-called “bargain”. This is why it’s so important when buying an investment property, to think with your head and not with your heart.

Capital City Dwelling Values Record Their First Annual Decline Since November 2012 While Regional Dwelling Values Continue To Edge Higher
National dwelling values nudged 0.1% lower in April, the seventh consecutive month-on-month fall since values started retreating in October last year according to the CoreLogic April home value index results out today.

Similar to previous months, CoreLogic head of research Tim Lawless found that the declines were concentrated within the largest capitals, while regional dwelling values edged 0.4% higher.

Capital city dwelling values were 0.3% lower over the month, driven by larger falls of -0.4% in Sydney and Melbourne and a smaller decline in Brisbane values (-0.1%).  The falls were offset by flat conditions in Perth and subtle rises in Adelaide (+0.1%), Darwin and Canberra (both +0.6%).  Hobart was the only city where dwelling values rose by more than 1% in April.

Index results as at April 30, 2018

On an annual basis, the combined capitals recorded the first decline in dwelling values since late 2012, with values slipping 0.3% lower, driven by falls in Sydney (-3.4%), Perth (-2.3%) and Darwin (-7.7%).  The only capital city to see an improvement in annual growth conditions  relative to a year ago is Perth, where the rate of decline has slowed from -3.0% last year to -2.3% over the past twelve months.

A reversal of longer term trends  Mr Lawless said, “At a macro level, the latest trends are virtually the opposite of what we have become used to over the past five or so years.  Regional areas are now outperforming the capitals and units are outperforming houses.  Also the most expensive properties are now showing weaker conditions than the more affordable ones.”

Regional areas now outpacing the capital cities  The past five years has seen combined capital city dwelling values appreciate at the annual rate of 6.8% which is almost double the annual rate across the combined regional markets at 3.5%.  The past twelve months has seen capital city dwelling values fall by 0.3% while regional values are 2.4% higher.

Unit values outperform house values  Similarly, capital city detached house values have recorded an average annual growth rate of 7.3% over the past five years, while unit values were up 5.5% per annum over the same period.  Mr Lawless said, “Despite the surge in unit construction over recent years, the past twelve months has seen unit values continue to trend higher, up 1.9%, compared with a 1.0% fall in house values.”

More affordable housing stock has been resilient to value falls  Across the most expensive quarter of the market, dwelling values have increased at almost twice the pace of the most affordable quarter over the past five years, up 8.2% per annum compared with 4.4% per annum.  As conditions have slowed down, it’s been the most affordable end of the housing market where values have remained resilient to falls, trending 1.9% higher over the past twelve months while the most expensive quarter of properties has seen values fall by -1.6%.

Tax Newsletter – April/May 2018

ATO closely examines work-related car expenses

The ATO is concerned about taxpayers making mistakes or deliberately lodging false claims for work-related car expenses, and has announced it will be closely examining claims for these expenses in 2018 tax returns. Last year, around 3.75 million people made a work-related car expense claim, totalling about $8.8 billion.

The best way for to avoid mistakes is to make sure you follow “the three golden rules”, only making a car claim if:

  • you paid for the expense yourself and you weren’t reimbursed;
  • it’s directly related to earning your income – in other words, your employer required you to make the trips as part of your job; and
  • you have a record to support your claim.

TIP: We can help you avoid mistakes and understand what you’re entitled to claim this tax time. Contact us about your tax return today.

Data matching finds taxpayers with unnamed Swiss bank accounts

More than 100 Australians have been identified as “high risk” and will be subject to ATO investigation because they have links to Swiss banking relationship managers who are alleged to have actively promoted and facilitated tax evasion schemes.

The ATO constantly receives intelligence from a range of local and international sources which it cross-matches against existing intelligence holdings through its “smarter data” technology.

Australians who may have undeclared offshore income are encouraged to contact the ATO with that information – if penalties or interest apply, the amounts will generally be reduced (by up to 80%) if you make this kind of voluntary disclosure.

TIP: It’s important for Australia tax residents to declare all of their worldwide income to the ATO. Australia has many international tax agreements that work to avoid double taxation for people who are resident in Australia but make income from offshore sources.

CGT main residence exemption to disappear for non-residents

A person’s Australian tax residency status may be about to assume a whole new meaning. Currently, both residents and non-residents qualify for a full or partial exemption from capital gains tax (CGT) when they sell a property that is their home (main residence). But if a Bill that is currently before Parliament is passed, that will change, and any individual who is a non-resident for tax purposes at the time they sign a contract to sell their home – for example, if they have moved overseas before signing the sale contract – will no longer qualify for the full or partial main residence exemption, regardless of how long the home was actually their main residence when they were an Australian tax resident.

TIP: If you’re considering selling your home and moving or travelling overseas, talk to us to find out how this could affect your Australian tax residency and CGT costs.

Residential rental property travel expense deduction changes

Recent changes to Australian tax law mean that individuals, self managed superannuation funds (SMSFs) and “private” trusts and partnerships can longer claim tax deductions for non-business travel costs related to their residential rental properties. Such costs also cannot form part of the cost base or reduced cost base of a CGT asset.

The ATO has issued guidance to make it clear that tax deductions are only permitted for taxpayers who incur this kind of travel expense as a necessary part of
carrying on a business such as property investing, or providing retirement living, aged care, student accommodation or property management services.

TIP: The ATO will consider a range of factors, such as number of properties leased, time and expertise needed for their maintenance, and taxpayer record-keeping, when deciding if someone carries on a business that requires travel expenditure related to their residential properties.

Government to increase civil penalties for white-collar crime

In response to recent Senate Economics References Committee and Australian Securities and Investments Commission (ASIC) Enforcement Review Taskforce reports, the Federal Government has agreed to increase the civil penalties for corporate and financial misconduct (white-collar crime), for both individuals and bodies corporate. ASIC infringement notices will also be expanded to cover a broader range of financial services and managed investments infringements.

The new maximum civil penalties will be set at:

  • for individuals, the greater of 5,000 penalty units (currently $1.05 million) or three times the value of the benefits obtained or losses avoided; and
  • for corporations, the greater of 50,000 penalty units (currently $10.5 million) or three times the value of the benefits obtained or losses avoided, or 10% of annual turnover in the 12 months before the misconduct, up to a total of one million penalty units ($210 million).

Businesses, get ready: GST on
low value goods

From 1 July 2018, GST will be imposed on the supply low value goods from outside of Australia to Australian consumers. Businesses need to be ready for this change.

tip: Businesses must register for Australian GST once their annual turnover reaches $75,000, but registering is optional for businesses with lower turnover. The low value goods changes will apply from 1 July 2018 for all businesses registered for GST, whether their registration was required or they chose to register.

Under the low value goods regime, businesses that sell goods valued at A$1,000 or less to an Australian consumer (who is not registered for GST) will be liable to pay GST on those sales. GST will also apply where the business delivers or facilitates delivery of the goods into Australia.

tip: If your business will be affected, now is the time to make sure your systems are ready to collect GST on low value sales, that your online terms and conditions are up to date, and that your website meets Australian consumer law requirements for displaying prices.

Business-to-business (B2B) sales, where a business sells low value goods to a recipient business that is registered for GST, are excluded from the regime.

Tip: The New Zealand Government has also recently proposed to levy GST on goods valued under the country’s current threshold of NZ$400.

Financial Complaints Authority takes shape

Minister for Revenue and Financial Services Kelly O’Dwyer has announced the authorisation of the new financial dispute resolution scheme, the Australian Financial Complaints Authority (AFCA), which will start accepting complaints from 1 November 2018. AFCA is intended to be a “one-stop shop”, having the expertise to deal with all financial disputes, including superannuation and small business lending disputes, with higher monetary limits and compensation caps.

All Australian financial services (AFS) licensees, Australian credit licensees, superannuation trustees and other financial firms legally required to join AFCA will need to do so by 21 September 2018.

Banking Royal Commission wraps up evidence on financial advice

The Banking Royal Commission has wrapped up its two weeks of hearings focused on financial advice.

The hearings have included gruelling evidence of misconduct in financial services entities’ provision of financial advice, occurring in the context of fees being charged for no service, platform fees, inappropriate advice, improper conduct and the disciplinary regime.

The Royal Commission has adjourned until 21 May 2018, when it will begin its third round of hearings with a focus on small and medium enterprises (SMEs). The Commission’s final report is due by 1 February 2019.

ATO assessments issued for excess super pension balances

The ATO has started issuing excess transfer balance (ETB) tax assessments to self managed super fund (SMSF) members, or their agents, who had previously received an ETB determination and rectified the excess. These ETB tax assessments are sent to SMSF members (or their professionals), and not to the fund. It’s then up to the member to decide how to cover the ETB liability for exceeding their $1.6 million pension transfer balance cap.

The ATO warns that SMSF members may receive an ETB assessment even if they didn’t receive an ETB determination. If they rectified the excess before they were assessed for a determination, they are still liable for the ETB tax. However, SMSF members who were covered by the transitional rules for excesses not exceeding $100,000 and rectified in full by 31 December 2017, will not receive an ETB tax assessment.