It’s Tax Time again!
This edition of TaxWise outlines some tax changes for 2018-19 that should be considered by small businesses when preparing tax returns for 2018-19. There are also some tax tips and lodgment dates that businesses may find helpful when preparing returns. Focus areas that the ATO will be looking at have also been listed.
Tax changes for 2019
There have been some tax changes for small businesses for 2018-19 in relation to:
Expanding accelerated depreciation
The Federal Budget raised the instant asset write-off threshold to $30,000 from Budget night and expanded the number of businesses who could access the write-off to businesses with turnover less than $50 million. The write-off will be accessible to eligible businesses until 30 June 2020.
The lifting of the threshold and extending the availability of the concession to many more businesses is most certainly a positive step. However, it does leave businesses in a situation where they will have to deal with three different thresholds in the 2019 income year if they want to actually claim the offset.
The thresholds will apply in the following way in the 2019 income year:
It is important to note that the instant asset write-off threshold now includes businesses with a turnover from $10 million to less than $50 million.
Tip! Such a simple concession so favourable to small business is unnecessarily complicated for the 2019 income year. If you don’t get the timing or the amount right, you could miss out. You should ask your tax adviser to make sure you don’t miss out.
Increasing access to company losses: ‘Similar business test’
Most businesses will be familiar with the ‘same business test”. However, from 1 March 2019, there is also a more flexible test called the ‘similar business test’.
The purpose of these tests is to determine whether a company’s tax losses and net capital losses from previous income years can be used.
The new test should make it easier to access past year losses when companies enter into new transactions or business activities.
Under the similar business test, a company (and some trusts) can access losses following a change in ownership where its business is similar having regard to various factors, including the:
Single Touch Payroll
Do you have employees? Are you ready for Single Touch Payroll?
If an employer reports through Single Touch Payroll, they are not required to provide a payment summary to their employees. Not all employers are reporting through this system yet. It only became compulsory for smaller employers from 1 July 2019.
Under this system, many individuals will no longer receive a Payment Summary (Group Certificate) from their employer due to the introduction of Single Touch Payroll. Individuals will find they have an ‘Income Statement’ through their myGov account.
Tip!Small businesses need to be ready for Single Touch Payroll.
International tax changes
Hybrid mismatch rules
There have been changes to the hybrid mismatch rules. These rules are designed to prevent entities that are liable to income tax in Australia from avoiding income tax or obtaining global double tax benefits through hybrid mismatch arrangements that exploit differences in the tax treatment of an entity or instrument under the laws of two or more tax jurisdictions.
Thin capitalisation
There have also been changes to the thin capitalisation provisions. These rules prevent certain debt deductions (eg for interest expenses). The changes are designed to prevent double gearing structures. Double gearing structures use layers of ‘flow-through’ entities (such as trusts and partnerships) to issue debt against the same underlying asset.
Tip!These changes are complex. If they apply to your business, you should seek advice from your tax adviser. ■
5 tax tips for small businesses
A few tips that small businesses should consider when preparing their tax returns are:
Correct company tax rate
Companies will pay tax at the full rate of 30% or at the lower rate of 27.5% if certain eligibility requirements are met.
The ATO has published a useful table to help companies determine which tax rate is applicable.
Income year | Aggregated turnover threshold | Tax rate for base rate entities* under the threshold | Tax rate for all other companies |
2017–18 | $25m | 27.5% | 30.0% |
2018–19 to 2019–20 | $50m | 27.5% | 30.0% |
2020–21 | $50m | 26.0% | 30.0% |
2021–22 | $50m | 25.0% | 30.0% |
A base rate entity is a company that:
Tip! Small businesses should make sure whether the 30% rate or 27.5% rate applies to them.
Small business income tax offset
The small business income tax offset can reduce the tax you pay by up to $1,000 each year.
To be eligible, you must be carrying on a small business as a sole trader or have a share of net small business income from a partnership or trust. The ATO has published the following table outlining the relevant turnover thresholds.
Income year | Aggregated turnover threshold | Rate of offset | Maximum offset |
2015–16 | $2m | 5% | $1,000 |
2016–17 to 2019–20 | $5m | 8% | $1,000 |
2020–21 | $5m | 13% | $1,000 |
2021–22 and onwards | $5m | 16% | $1,000 |
When determining whether you are entitled to the small business income tax offset, you need to determine your aggregated turnover.
Your aggregated turnover is generally your annual turnover plus the annual turnover of any business connected or affiliated with you.
Small business CGT concessions
There are four small business CGT concessions that may allow a small business to disregard or defer some or all of a capital gain from an active asset used in a small business.
If your business has disposed of an eligible active asset used in a business for a profit, you should consider if these concessions can apply to reduce the amount of tax payable by the business.
Broadly, these concessions are available when you dispose of an active asset and:
Tip! Your tax adviser can assist you in determining whether these conditions are satisfied. For example, your tax adviser can assist you in determining whether the asset in question satisfies the active asset test.
If available, these concessions can be very beneficial to small businesses. The concessions are:
Business expenses
Generally, a small business can deduct expenses that are related to earning assessable income and are incurred to run the business.
Common expenses that may be deducted include:
The line between business and personal expenses can easily be blurred when it comes to travel expenses. Make sure travel expenses are correctly characterised (or apportioned) as business or personal expenses.
The general rule for businesses is that you can claim deductions for expenses if you or your employee are travelling for business purposes. Such expenses can include:
You must keep proper tax records to claim travel expenses. The records need to be kept for 5 years and can include tax invoices, boarding passes, tickets. Records are also needed to detail how you worked out the private portion of any travel expenses. For example, if you travelled for business but extended the stay to go sightseeing and have a holiday. In this case, you will need to work out an appropriate apportionment of the expenses.
Depending on the length of travel, you may need to keep a travel diary as well. In fact, the ATO highly recommends a travel diary is kept for all travel expenses.
Some expenses that may be characterised as private and are not deductible could include:
Keeping records
It is vital that proper tax records are kept by small businesses. Small businesses need to keep records in relation to establishing, running or selling the business.
Legally, records must:
Tip! You’ll find tax time much easier if all your records are in order and readily accessible.
What are the ATO’s focus areas?
The ATO has identified the top 3 issues that they see as issues when small businesses lodge their tax returns:
Tip! You should keep these focus areas in mind when preparing your tax return.
Key lodgment dates
The ATO has produced the following table outlining the lodgment dates for 30 June balancers. If you use a substituted accounting period, different dates will apply.
Lodgment and payment due dates for 30 June balancing companies and super funds | ||
Due date for lodgment | Due date for payment | Description |
31 October 2019 | 1 December 2019 | Entities with one or more prior year returns outstanding as at 30 June 2019. |
31 October 2019 | 1 December 2019 | Entities prosecuted for non-lodgment of prior year tax returns and advised of a lodgment due date of 31 October 2019. |
31 October 2019 | 1 December 2019 | Entities that may be required to lodge early. |
1 December 2019 | As per notice of assessment | Companies that are not full self-assessment (NFSA) taxpayers. Note: Companies not subject to full self-assessment include agents for non-resident insurers and re-insurers, and overseas shipping companies. |
15 January 2020 | 1 December 2019 | Large/medium taxpayers whose 2018 tax return was taxable – unless required earlier. |
28 February 2020 | 28 February 2020 |
Subsidiary member of a consolidated group that has exited the consolidated group in the financial year.
Large/medium taxpayers whose 2018 tax return was non-taxable. This includes entities whose 2018 tax return was made not necessary by 30 June 2019. Large/medium taxpayers established between 1 July 2017 and 30 June 2018 and the 2018 tax return is not necessary and you advised us that a tax return was not necessary. New registrant large/medium taxpayers. Head companies of consolidated groups that are new registrants. Note: If the new registrant is a head company of a consolidated group, it is important to refer to Consolidated groups. In some instances, the company may need to lodge using the arrangements for a large entity New registrant SMSF – unless required earlier. |
31 March 2020 | 31 March 2020 | Entities with total income in the 2017–18 year of more than $2 million unless required earlier. |
15 May 2020 | 15 May 2020 |
Entities that may not have an obligation to lodge.
Entities who are subsidiary members of a consolidated group that has been consolidated for a full year. These clients should not have an obligation to lodge.
Non-profit organisations that assess that they have a requirement to lodge and have not been allocated an earlier lodgment due date. Note: Entities must assess their obligation to lodge a tax return on an annual basis. New registrants, excluding large/medium taxpayers, head companies of consolidated groups and SMSFs. All remaining entities that are tax agent clients. |
5 June 2020 | 5 June 2020 | Tax return for companies and super funds who were non-taxable or received a credit assessment in the latest year lodged, and are actually non-taxable or receiving a credit assessment in the current year (unless due earlier) – all entities with a lodgment due date of 15 May 2020 except large/medium taxpayers or head companies of consolidated groups. Note: This is not a lodgment due date but a concessional arrangement where penalties will be waived if lodgment is made by this date. |
Key tax dates
Date | Obligation |
23 Sep 2019 | August monthly BAS due |
30 Sep 2019 | Single touch payroll deadline to start reporting |
21 Oct 2019 | September monthly BAS due |
28 Oct 2019 | September quarter SG due September quarterly BAS due September quarter PAYG instalment due |
31 Oct 2019 | 2019 Income tax return due |
21 Nov 2019 | October monthly BAS due |
28 Nov 2019 | September quarter SG charge statement due |
DISCLAIMER |
TaxWise® News is distributed by professional tax practitioners to provide information of general interest to their clients. The content of this newsletter does not constitute specific advice. Readers are encouraged to consult their tax adviser for advice on specific matters. |