Newsletters
Corporate Newsletter – September 2011
Carbon tax winners
Newsletter – September 2011
Carbon tax to commence on 1 July 2012
The Prime Minister has announced details of the Government’s plans to put a price on carbon. The plan, to commence on 1 July 2012, proposes to set a price of $23 for each tonne of carbon pollution released into the atmosphere by Australia’s biggest polluters. It is proposed that around 500 businesses will be required to pay for their pollution under the carbon pricing mechanism. The Prime Minister also announced tax cuts to assist households and support measures for businesses to assist them in adapting to the new carbon tax.
TIP: Although the carbon tax scheme will not commence until next year, businesses should consider how they may be affected both directly and indirectly by the scheme and whether they are able to access some of the compensation and support measures announced as part of the scheme. Please contact our office for any assistance.
Government set on countering phoenix activities
The Government has proposed tax law changes to counter fraudulent phoenix activities by company directors. Such activities involve the deliberate liquidation of a company to avoid paying tax liabilities and employee superannuation. The business then “rises” again and continues operations controlled by the same person, but under another corporate entity and free of debts. The proposed tax law changes include making directors personally liable for unpaid employee superannuation, and allowing the Australian Taxation Office (ATO) to pursue directors where certain tax debts remain unpaid and unreported three months after the due day.
TIP: The changes would place additional pressure on directors to ensure that their company’s tax risk management policies and systems are up-to-date. It should also be noted that the ATO, as part of its Compliance Program for this year, intends to detect potential phoenix activities sooner through a targeted program of reviews and audits of directors.
New restrictions on SMSF investment in artworks
New regulations have been made to prevent self-managed superannuation fund (SMSF) trustees from gaining current day benefit from an investment in collectables and other personal use assets, for example artwork, jewellery, antiques, coins and stamps, wine or spirits and motor vehicles. The regulations are designed to ensure such investments are made for genuine retirement income purposes only.
TIP: The new regulations commenced on 1 July 2011, however, there is a five-year transitional period for assets that were held by an SMSF as at 30 June 2011. Please contact our office if you have any questions.
Income test for private health insurance rebate
The Government is again attempting to pass legislation to give effect to the 2009–2010 Federal Budget announcement to income test the 30% private health insurance rebate by introducing three new “Private Health Insurance Incentive Tiers”. The changes propose to reduce the amount of private health insurance rebate an eligible person with a complying private health insurance policy is entitled to when that person has income for surcharge purposes above the relevant Medicare levy surcharge threshold. If enacted, the changes are proposed to apply from 1 January 2012.
TIP: The income thresholds which would trigger application of the proposed changes need to be carefully noted. Please contact our office for any assistance.
Tax discount on interest income
The Government has released details on how it will implement its 2010–2011 Federal Budget proposal to provide individuals with a 50% tax discount on interest income from 1 July 2012. Under the proposal, the discount will apply on up to $500 of interest earned on deposits held with any bank, building society or credit union, as well as bonds, debentures or annuity products. The Government proposes to increase the $500 amount to $1,000 from 1 July 2013 onwards.
TIP: Some of the technical details of the Government’s proposed tax discount on interest income are complex. Please contact our office if you have any questions.
ATO targets FBT avoidance using employee share trusts
The ATO has warned taxpayers of an arrangement whereby effective after-tax benefits are provided to employees without a corresponding fringe benefits tax (FBT) liability to the employer. Under the arrangement, employees acquire share units in an employee share trust, which is funded by a loan from the trustee, which is in turn repaid by the employer from amounts salary sacrificed by the employee; however, the employer does not include the taxable value of the benefits provided as part of its FBT liability. The ATO says failure to include the benefit may trigger specific “anti-avoidance” rules under the FBT law.
No GST on damages paid for lost scaffolding
A taxpayer has been successful before the Federal Court in obtaining orders that there is no GST payable on damages it recovered when it lost its scaffolding to other parties. The taxpayer was in the business of hiring out its scaffolding in the building and construction industry. However, after various events, the scaffolding became intermingled with scaffolding belonging to another company. The taxpayer sued and won damages for the loss of its scaffolding. However, the Commissioner claimed GST was payable as a result of the ownership of the scaffolding vesting in the defendant. The Federal Court though disagreed and held the taxpayer in the circumstances did not make a “taxable supply” under the GST law. (Note the Commissioner has appealed against the decision to the Full Federal Court.)
Division 7A benchmark interest rate
The ATO has advised that, for the income year that commenced on 1 July 2011, 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 the shareholder) is 7.8%.
Reasonable travel and meal allowance amounts
The ATO has announced the amounts the Commissioner considers are reasonable for the
2011–2012 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 2011–2012 income year:
- car depreciation limit and luxury car tax threshold – $57,466;
- fuel efficient car limit – $75,375.
Property Newsletter August 2011
There is a lot happening in the Perth property market that all investors should be aware of so I thought it would be an opportune time to let you know exactly what is happening and how you may be affected.
Prices – rising, falling or some of both?
It’s very easy to get caught up in a “one size fits all” approach to property investing. A lot of the headlines you see in newspapers and on television reflect what is happening nationally. The Australian property market is really a collection of thousands of sub markets across the country. While some of the major cities are suffering an inevitable slowdown after periods of solid growth (e.g. Melbourne), other cities, such as Perth are moving into an upturn as the mining boom Mark 2 takes off.
Even within a city there are varying submarkets. In Perth for example, you may hear that the market is oversupplied. That is generally true in some areas. We see that the outer fringes are still significantly oversupplied with excess stock built in the last boom, meaning prices have dropped or have stagnated for a long period of time. At the same time, in the areas we have identified for strong growth over the next few years, we have seen more competition for properties, meaning prices are still holding, and we expect them to rise first as we enter the next market upturn.
Where is the market heading in the next 12 months?
The Perth property market has historically lagged behind the major cities on the east coast by a few years. In 2001 – 2003 Sydney and Melbourne boomed while Perth grew at much lower rates. Once the boom in those cities ended, investors turned their attention to the Perth property market and Perth had a property boom from 2004 – 2007. Since 2007, the Perth market has been generally flat on average, whereas Sydney has performed well and Melbourne has had substantial growth. Both of those markets are now cooling.
We expect the trend to continue and see Perth as the outperformer while other cities have their slowdown. While we won’t see any significant headline capital growth in the market as a whole due to the oversupply in some areas, we will see good quality properties in great locations return some reasonable capital growth over the next 12 months.
Where is the market heading in the next 3 to 10 years?
The outlook for Perth is very strong over the next 3 to 10 years. With the strong growth in the resources market, meaning more jobs and more income, it is inevitable that Perth property prices will be strong. Recently, other respected economic forecasters have predicted the Perth property market will generate the highest capital growth over the next 3 years and 10 years also.
Is obtaining finance becoming easier?
There is no doubt that finance is harder to obtain than it was in the periods before the GFC. Many lenders tightened their lending criteria once the GFC hit and the introduction of responsible lending and National Consumer Credit laws has seen further changes. However in recent months, lenders have begun to loosen up and credit is definitely easier to obtain than it was two years ago, albeit not anywhere near as easy as it was before the GFC.
The tightening of credit may have impacted some borrowers, however for the vast majority, finance is still readily available. The restriction on credit in a counter-intuitive way has actually been a benefit to property investors. While it has restricted some investors purchasing property, by far the greater impact has been on property developers. Significant levels of presales are now required and this has meant that new stock is harder to bring to market. This has restricted the supply of properties, meaning that any excess supply will be soaked up more quickly. It also means that when the excess supply is taken up, that new supply will not be readily available, causing a rise in prices.
Rents are on the way up!
The last boom in Perth from 2004 – 2007 was not only a boom in property prices, but also a boom in rental prices. Rental prices have not moved significantly over the last few years. The vacancy rate was approximately 1% in 2007 before increasing to as high as 4.7% in 2010. Over the last 12 months the rental vacancy rate has declined significantly to be just over 3%. A balanced market is considered to be around a 3% vacancy rate, so we are seeing a return to a normal market. Just as the supply of properties for sale varies significantly by suburb, so does the vacancy rates per suburb. Our analysis indicates that some suburbs in Perth have vacancy rates of around 1% whereas others have vacancy rates as high as 9%.
Consequently we are seeing rental growth in a number of the suburbs where we manage property. The ability to increase rents is still selective and tenants are price sensitive, but we do expect the next few years to see rental returns increasing, which is great news for property investors.
Market Summary
After a period of underperformance, it certainly looks like a very promising period ahead for the Perth property market. With over $200 billion dollars of resource investment in Western Australia either in construction or planned, there will be significant flow on effects to the rest of the economy and hence property prices. We expect Perth to be the outperforming market over the next 1, 3 and 10 years in Australia, as the mining boom Mark 2 gets into full swing.
If you are seriously looking to build wealth through property then I suggest you contact me as soon as possible. By the time you read in the paper or hear on the news that the Perth market has returned to strong growth, you will have missed a reasonable amount of the market upturn and subsequent capital growth. We are already seeing savvy investors adding to their portfolios as they see the upturn coming, and some smart first time investors also taking advantage of the opportunities in the market.
This Newsletter has been kindly provided by www.MomentumWealth.com.au, if you would like to discuss any matters arising from this newsletter or are interested in property investment or development, then call Mark Casey, a client of Mercia, on markc@momentumwealth.com.au or call Momentum Wealth on 9221 6399.
By Victor Bivell, Eco Investor