COVID-19 GOVERNMENT STIMULUS PACKAGE - March 2020 - Accru Melbourne
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KEY SUMMARY OF POINTS – GOVERNMENT’S STIMULUS PACKAGE - MARCH 2020 Table of Contents Resources & Timing 2 Executive Summary 3 Payroll Related Measures 6 Boosting Cash Flow (PAYG Subsidy) 6 JobKeeper Payment 8 Apprentices & Trainees 12 Example from Treasury Payroll Taxes 12 Employment issues 16 Business Related Measures 18 Victorian Business Grants 18 Banking 19 Small business asset write-off 20 Accelerated depreciation claims 20 ATO admin measures 21 Insolvency measures 21 Leases & Tenancy 21 Information for sole traders 22 Household Measures 23 Superannuation Pension Relief 23 Early access to Superannuation 24 Centerlink Payments 25 Page 1 of 26
KEY SUMMARY OF POINTS – GOVERNMENT’S STIMULUS PACKAGE - MARCH 2020 Resources & Timing Source websites: https://www.australia.gov.au/ https://treasury.gov.au/coronavirus https://www.business.gov.au/ https://www.business.vic.gov.au/disputes-disasters-and-succession-planning/illness-and-business- management-plan/coronavirus-business-support https://preview.nsw.gov.au/covid-19/financial-support https://www.covid19.qld.gov.au/ https://nt.gov.au/news/2020/economic-stimulus https://www.wa.gov.au/organisation/department-of-the-premier-and-cabinet/covid-19-coronavirus- western-australian-government-response https://www.business-sa.com/covid19 https://www.business.tas.gov.au/coronavirus_information Accru Melbourne articles online: https://accrumelb.com.au/covid-19-coronavirus-economic-response/ https://accrumelb.com.au/covid-19-business-implications/ https://accrumelb.com.au/mental-health-coronavirus/ https://accrumelb.com.au/coronavirus-economic-response-2/ https://accrumelb.com.au/coronavirus-job-keeper-payment/ Timing of assistance (Treasury factsheet) Page 2 of 26
Executive Summary RELIEF ELIGIBILTY AMOUNT HOW LINKS Total for businesses with Minimum $20,000 over 3 Automatic process, credited PAYG Subsidy Treasury Summary turnover less than $50M quarters. Capped at $100,000 to the BAS account No interest or penalties to variations of March tax Contact the ATO to negotiate BAS lodgement or contact the PAYG Instalments instalments, which includes ATO Summary liability deferral ATO claiming refunds for September and December. Small businesses employing Apply for 50% payment of Trainee & Apprentice fewer than 20. wages capped at $7,000 per Requires application be done Further details & application Subsidy Employee was working at 1 employee for 3 quarters, so by employer link March 2020 $21,000 in total Businesses with turnover less than $500M Assets up to $150,000 to 30 50% write off assets installed June 2020. Limit currently Through tax return Asset Write-Off Treasury Summary by 30 June 2021. reverts to $1,000 at 1 July lodgement Must be a new asset, not 2020 second hand. Government is guaranteeing 50% of unsecured loans Small and medium made by SME lenders to Contact financial institution Business.gov summary on Banking & Liquidity enterprises support short-term unsecured directly Scheme Up to $50M turnover loans Up to $250,000 No application, relief Temporary increase in thresholds and time limits in relation to Insolvency measures will apply after 6 Business.gov summary creditor statutory demands and bankruptcy initiations. months
KEY SUMMARY OF POINTS – GOVERNMENT’S STIMULUS PACKAGE - MARCH 2020 Temporary relief from directors personal liability while trading insolvent Links for each state are below VIC: Request refund on PTX, VIC: Payroll of less than $3M VIC: Full refund of FY2020 still required to lodge monthly Payroll Tax for FY2020. liability. Greenwoods have created a returns. Differs for all states Differs for all states good summary Differs for all states Retires with account-based 50% minimum drawdown for Treasury info on retirees Apply to the super fund pensions FY2020 and FY2021 support Superannuation Up to $20,000 Individuals with financial $10,000 FY2020 and Apply through the ATO Treasury Info on early access stress due to Coronavirus $10,000 FY21 Between $550-$750 Holders of various types of depending on the type of Through Centrelink Centrelink - details and links Household Support social security social security. applications for application Two payments PAYG subsidy – minimum $20,000 over 3 quarters, capped at $100,000 in total for businesses with a turnover less than $50M. Turnover is aggregated, so essentially applies to Base Rate Entities and Not-for-Profits (NFPs) of the same size. This is an automatic process, with a credit to BAS account. PAYG Instalments – The ATO has stated that they will not be applying interest and penalties to variations of March tax instalments, which includes claiming refunds for September and December. This means the ATO would essentially be providing short term funding, as the underlying tax obligation at the end of the year will still be payable. Trainee and apprentice subsidy – Apply for 50% payment of wages capped at $7,000 per employee for 3 quarters, so $21,000 in total. Requires application to be done by the employer and employee must have been working at 1 March 2020. Asset write-off for businesses with a turnover less than $500M: 1. Assets up to $150,000 to 30 June 2020. Limit currently reverts to $1,000 at 1 July 2020. 2. 50% write off assets installed by 30 June 2021. Must be a new asset, not second hand. Banking and liquidity – Government is guaranteeing 50% of unsecured loans made by SME lenders to support short-term unsecured loans. Temporary exemption from responsible lending obligations for providing credit to small businesses. The RBA are putting downward pressure on borrowing costs for households and businesses. The Big 4 banks are offering lower rates and deferrals. Page 4 of 26
KEY SUMMARY OF POINTS – GOVERNMENT’S STIMULUS PACKAGE - MARCH 2020 Insolvency – Temporary increase in thresholds and time limits in relation to creditor statutory demands and bankruptcy initiations. Temporary relief from director’s personal liability while trading insolvent. VIC payroll tax - Full refund of payroll tax for FY2020 for payroll less than $3M. Defer payroll tax obligations for first 3 months of FY2021 until January 2021. Still need to lodge returns and annual rec still required. VIC other – Rent relief for tenants in Government buildings, waiver of liquor licence fees, land tax deferrals for small businesses, $500M business support fund, $500M working for Vic Fund. QLD payroll tax – May get a relief package, which is deferral of lodgements. Need to continue lodging returns without paying them. NSW payroll tax – Wage threshold increase $1m for FY21. Annual lodgement liability reduced by 25% where wages are less than $10M. Monthly wages for less than $10M have no payment required for March, April or May 2020. Superannuation 1. Reduction in minimum pension by 50% for FY2020 and FY2021. 2. Temporary early release of $10,000 for FY2020 and FY2021 for certain people. Generally made redundant or unemployed, or working hours reduced by more than 20%. Household support – various payments for people on social security who are looking for work or hold certain concession cards. Page 5 of 26
KEY SUMMARY OF POINTS – GOVERNMENT’S STIMULUS PACKAGE - MARCH 2020 Payroll Related Measures Boosting Cash Flow (PAYG Subsidy) Small and Medium Businesses that employ workers including NFPs (turnover less than $50M): Turnover is aggregated (which includes foreign parent companies), so it is essentially limited to Base Rate Entities, Tax free payment, Will be delivered by the ATO via a credit on the portal, In addition to turnover rules, this requires the employer to have been in business and had an ABN & PAYG registrations in place at 12 March 2020, Anti-avoidance integrity measures in place so the boost can be reclaimed if a scheme or contrived circumstance occurs to either access or increase entitlement. Payment is split into two; First boost is a minimum of $10,000 and a maximum of $50,000 to cover PAYG withheld for March & June quarters. Second is paid July – October and matches the first. It is independent of what is actually withheld. Quarterly lodgement March BAS - receive 100% of PAYG withholding, with minimum of $10,000 and a maximum of $50,000. June BAS – receive either; 100% of June + March withholding less $10,000, 100% of June withholding if March was more than $10,000, up to $50,000 maximum; and 50% of first boost total. September BAS – 50% of first boost total. Examples – quarterly lodgement: Who & What 1st Boost 2nd Boost Business with one employee on $10,000 for March 2020 $5,000 for June 2020 wages earning less than $18,200 (paid in May 2020) (paid in July) tax free threshold. PAYG withheld $5,000 for September is $0 per quarter. (paid in October) Total $10,000 Total $10,000 Business with employees that has $10,000 for March 2020 $6,000 for June 2020 PAYG withheld of $6,000 per $2,000 for June 2020 (paid in July) $6,000 for September 2020 quarter. Total $12,000 (equals total Total $12,000 (equals total of first withheld for March + June) boost)
KEY SUMMARY OF POINTS – GOVERNMENT’S STIMULUS PACKAGE - MARCH 2020 Monthly lodgement March BAS – receive 300% of PAYG withheld, capped at $50,000 April – receive $50,000 cap, less March boost May - receive $50,000 cap, less March + April boost June - receive $50,000 cap, less March + April + May boost, plus 12.5% of first boost July – 12.5% of first boost August – 12.5% of first boost September – 12.5% of first boost Examples – monthly lodgement: Who & What 1st Boost 2nd Boost Business with multiple employees $25,500 for March 2020 $12,500 for June 2020 has PAYG withholding of $8,500 $8,500 for April 2020 $12,500 for July 2020 per month. $8,500 for May 2020 $12,500 for August 2020 $7,500 for June 2020 $12,500 for September 2020 Total $50,000 Total $50,000 Business with employees that has $12,000 for March 2020 $6,000 for June 2020 PAYG withheld of $4,000 per $4,000 for April 2020 $6,000 for July 2020 month. $4,000 for May 2020 $6,000 for August 2020 $4,000 for June 2020 $6,000 for September 2020 Total $24,000 Total $24,000 Integrity Measures There are anti-avoidance integrity measures in place to prevent inappropriate access to either the boost itself, or an increase in the boost amount beyond what would otherwise be paid. The ATO has stated that artificial or contrived arrangements to maximase the cash flow boost may include: Restructuring your business, Changing the way you pay workers to fall within eligibility criteria, Increasing wages, or PAYG withheld, paid in a particular month. The ATO has also made the following statement:”Any sudden changes to the characterisation of payments may cause us to investigate whether the payments are in fact wages. If the payments are wages, we may consider the characterisation of past payments, including whether they should have been subject to PAYGW and whether the super guarantee contributions should have been made. You may also have FBT obligations that have not yet been met.” Page 7 of 26
KEY SUMMARY OF POINTS – GOVERNMENT’S STIMULUS PACKAGE - MARCH 2020 JobKeeper Payment The main limitation for this, at time of writing, is that legislation and explanatory material has not been written. Therefore, it is all based on Government announcements. ELIGIBILITY The business (including NFPs) has a turnover of less than $1B and turnover will be reduced by more than 30% relative to a comparable period a year ago (of at least one month); or If the turnover is more than $1B, reduction in turnover must be more than 50%. Eligible employees must remain with the employer to receive the payment. The payment is in arrears, so needs to be funded by the business first. ELIGIBLE EMPLOYEES Are currently employed by the eligible employer (including those stood down or re-hired); Were employed by the employer at 1 March 2020; Are full-time, part time, or long-term casuals (a casual employed on a regular basis for longer than 12 months as at 1 March 2020); Are at least 16 years of age; Are an Australian citizen, the holder of a permanent visa or a Special Category Visa Holder; and Are not in receipt of a JobKeeper Payment from another employer. OBLIGATIONS ON EMPLOYERS Register with the ATO. Assess that they have or will experience 30%-50% turnover decline. Provide information to the ATO on eligible employees; Number engaged as at 1 March 2020, Those currently employed, including stood down or rehired, The ATO will pre-populate with STP where it can. Ensure each eligible employee is paid at least $1,500 before tax per fortnight. Notify all eligible employees they are receiving the payment. Continue to report to ATO on monthly basis. Need to notify employees if JobKeeper is being claimed. APPLICATION & REPORTING PROCESS With employees Register interest via the ATO website from today (website, not portal). Subsequently, fill out online application. Must identify eligible employees and provide monthly updates to the ATO. Ensure that eligible employees receive a minimum $1,500 per fortnight before tax. Without employees Register interest via the ATO website from today (website, not portal). Provide an ABN for their business and nominate an individual to receive the payment. Provide that individual’s TFN. Page 8 of 26
KEY SUMMARY OF POINTS – GOVERNMENT’S STIMULUS PACKAGE - MARCH 2020 Provide a declaration relating to recent business activity. Provide monthly updates to the ATO to declare their continued eligibility for the payment. EMPLOYEE OBLIGATIONS Employees with multiple employers must notify the one that is their primary employer. If not an Australian citizen, must notify employer of visa status so they can determine eligibility. If currently receiving an income support payment, they must notify Services Australia of their new income. Examples provided by Treasury Page 9 of 26
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KEY SUMMARY OF POINTS – GOVERNMENT’S STIMULUS PACKAGE - MARCH 2020 Apprentices & Trainees Eligible employers can apply for wage subsidy of 50% of wages paid during 9 months of 1 January 2020 to 30 September 2020. Reimbursement of a maximum of $21,000 per eligible trainee/apprentice ($7,000 per quarter). Claimable for wages paid since 1 January 2020. Eligibility Fewer than 20 full-time employees who retain an apprentice or trainee, Must have been training at 1 March 2020 Employers that re-engage out-of-trade apprentice or trainee will be eligible for subsidy Able to access subsidy after assessment undertaken by Australian Apprenticeship Support Network (AASN) provider. Can register from early April 2020, must be lodged by 31 December 2020. Example from Treasury Page 12 of 26
KEY SUMMARY OF POINTS – GOVERNMENT’S STIMULUS PACKAGE - MARCH 2020 Payroll Taxes Payroll tax summary at 25 March 2020: State Payroll tax relief Applies to ACT 6 month waiver or payroll tax from March 2020 – August 2020. Wages Australia wide up to $10M can defer FY2021 payroll tax interest free to 1 July 2022. wages NSW Bring forward increase in threshold to $1M from 1 July 2020. Deferral Australia wide of payroll tax for payroll more than $10M for 6 months. Waiver of wages payroll tax for wages up to $10M for last 3 months of FY2020. These are presently only announced/proposed and not law. NT Extension of payroll tax exemption for hiring Territory employees to 30 Australia wide June 2021. wages QLD Refund of payroll tax for 2 months, plus 3 month holiday for wages up Australia wide to $6.5M. If wages exceed $6.5M defer 2020 payroll tax to 13 January wages 2021. SA Waiver of payroll up to $4M for 6 months March 2020 – August 2020. Australia wide Defer payroll tax for 6 months where wages exceed $4M on proof of wages coronavirus impacting cash flow. TAS Waiver of payroll tax for hospitality, tourism and seafood industries for Australia wide all of FY2020. Other affected businesses with payroll up to $5M can wages apply for a waiver for March 2020 – May 2020. Payroll tax rebate for 1 year if employ a person aged 24 and under between April 2020 and December 2020. VIC Payroll of less than $3M eligible for a full refund of payroll tax for Victorian wages FY2020. Defer payroll tax for first 3 months of FY2021 until 1 January 2021. WA If payroll $1M - $4M and pay payroll tax, receive a one-off grant of Australia wide $17,500. Bring forward increase in threshold to $1M from 1 July 2020. wages Details of each State as follows: Victoria Payroll Tax Waived If Victorian taxable wages are $3M or less all payroll tax for FY2020 will be waived. Refund available by logging onto the PTX portal: 1. Log in 2. Apply for refund 3. Amount to claim – this is the total of the monthly returns July - February 4. Dates – 1 July 2019 to now 5. Reason – amendment to liability 6. Reason details: COVID-19 7. Select ‘no’ to the next two options 8. The next page takes you to where you can enter the Electronic Transfer details Returns must be continued to be lodged but no payment is required. If Victorian wages exceed $3M, there is no relief available. Queensland $6.5M or less in Grouped Australian Wages Refund of 2 months of payroll tax. Payroll tax holiday (no payment required) for 3 months. Ability to apply for payroll tax deferral for 2020 calendar year. Apply for deferral through above link before 31 May 2020. Email should be received, otherwise this form can be completed. Page 13 of 26
KEY SUMMARY OF POINTS – GOVERNMENT’S STIMULUS PACKAGE - MARCH 2020 More than $6.5M in Grouped Australian Wages Need to be able to show you have been negatively affected - A business is directly or indirectly affected by coronavirus if their current turnover, profit, customers, bookings, retail sales, supply contracts or other factors are negatively affected compared with normal operating conditions. Ability to apply for payroll tax deferral for 2020 calendar year. Refund of your payroll tax for 2 months. New South Wales $10M or less in Grouped Australian Wages Annual reconciliation will be reduced by 25% when they lodge. For monthly payers, no payments required for March, April or May 2020. 3 month payment deferral available for annual reconciliation. More than $10M in Grouped Australian Wages Will have the option of deferring the payment of payroll tax for up to six months. These businesses will not need to make their payment for the March period, normally due on 7 April 2020. More information will be provided on the deferral arrangement in the upcoming days (written 1 April 2020). Threshold Increase FY2021 Threshold increasing from $900,000 to $1M. Western Australia Grant Payment One-off payment of $17,500 Annual Australian taxable wages are more than $1M and up to $4M Grants automatically paid by cheque Defer payment of returns $7.5M or less in Australian Taxable Wages Able to show normal operating conditions have been impacted All Payroll Tax for FY2020 can be extended until 21 July 2020 Must complete application form Threshold Increase Increased to $1M on 1 July 2020 (from $950,000). South Australia Up to $4M Grouped Australian Wages 6-month tax waiver (April – September 2020) – no payments required No application required – RevenueSA will contact businesses Monthly lodgement must still be made Further information to be made available shortly Page 14 of 26
KEY SUMMARY OF POINTS – GOVERNMENT’S STIMULUS PACKAGE - MARCH 2020 Over $4M in Grouped Australian Wages Need to demonstrate that you have been significantly impacted Application not yet available Application will allow a deferral of payments for 6 months (April – September 2020) Tasmania Up to $5M Grouped Australian Wages Need demonstrate operations have been affected. Returns for March, April and May are not required. Just need to lodge annual return by 21 July 2020. Hospitality, Tourism and Seafood Industries Waiver on these industries for the entire FY2020. Annual return must still be lodged by 21 July 2020. Payroll Tax Rebate – New youth employees aged 24 years and under 12 month payroll tax rebate to approved employees. Must be employed between 1 April 2020 and 31 December 2020. Northern Territory Only announcement so far is that the payroll tax exemption for hiring Territory employees has been extended to 30 June 2021. Page 15 of 26
KEY SUMMARY OF POINTS – GOVERNMENT’S STIMULUS PACKAGE - MARCH 2020 Employment issues This is a summary of various guides provided in the week before the Government mandated shut down of ‘non-essential services’. It is important to emphasise that we cannot advise on employment law related issues. The following are pointers and ideas, for which further legal advice should be sought before implementing. Working from Home Employers have duty to ensure health and safety so far as reasonably practicable which includes working at home. Discharge obligations by providing employees with checklist or risk assessment to complete and sign if working at home. Self-Isolation & Stranded Overseas As this is Government imposed, there is no obligation to pay employees if they cannot work. However, if the employee was travelling for work purposes then it would be best practice to pay them for self-isolation. Always consider if the employee can work from home or access accrued leave or take unpaid leave. Carer’s/Personal Leave Still generally referred to as sick leave. Employees can access this where they are “unfit for work”. Employees can access this where they are required to care for a child or immediate family member who is unwell. Unclear how the Government closure of schools affects this. If the school had voluntarily closed, this would count as an “unexpected emergency” in which case employees could access this leave. If the balance of leave is insufficient then consider accessing annual/long service/unpaid leave. Some employers are providing for ‘special leave’ at this point. Directions to take Annual Leave Award employees – limited to close-down periods or where an employee has excessive accrued leave (usually 8 weeks plus and capped at a quarter of the balance). Non-Award employees – direction must be ‘reasonable’. Commonly for close down and where employee has excessive leave. Page 16 of 26
KEY SUMMARY OF POINTS – GOVERNMENT’S STIMULUS PACKAGE - MARCH 2020 Stand down employees without pay The bar for implementing this is very high but that has likely changed with shut down of “non-essential” services. Previously, it was not enough to show that there was a business down turn or not enough work. It may also be applicable if a landlord locks down the building due to COVID-19. Employees can be stood down without pay “during a period in which the employee cannot be usefully employed because of… a stoppage of work or any cause for which the employer cannot reasonably be held responsible.” VECCI believes a stand down could apply where business is directed to close by the Government or a department is closed due to quarantine of staff. There is no right to stand down if there is useful work. In this environment, that could be a blurry line where there are options to move activities online, work from home, or undertake deliveries if that is an option. The stand down decision must be a unilateral one. If there is work available for some employees, you cannot stand down all employees (only the ones for which there is no useful work). During stand down, service continuity is not broken and leave accrues in the usual manner. Employees can still take their leave entitlements. Page 17 of 26
KEY SUMMARY OF POINTS – GOVERNMENT’S STIMULUS PACKAGE - MARCH 2020 Business Related Measures Victorian Business Grants Criteria (all are needed to be eligible): Have been subject to closure or highly impacted by shutdown restrictions announced by the Victorian Government to-date for relevant industries/employers; and Employ people; and Have a turnover of more than $75,000; and Have payroll of less than $650,000; and Hold an Australian Business Number (ABN) and held that ABN at 16 March 2020 and Have been engaged in carrying out the operation of the business in the Australian State of Victoria on 16 March 2020. What they can access: Funding of $10,000 per business is available and will be allocated through a grant process. How to apply: Applicants must submit an online application here. Applicants are required to provide a copy of their most recent Business Activity Statement (BAS). Other supporting materials can also be provided. Applications open on Monday 30 March 2020 and close on Monday 1 June 2020. Please note: Businesses with a wages bill between $650,000 and $3M will have their payroll tax refunded and waived for the FY2020 under the Victorian Government’s $1.7B economic survival package. It is expected that funds can be spent on business activities and costs, including: Utilities, salaries and rent, Seeking financial, legal or other advice to support business continuity planning, Developing the business through marketing and communications activities, Other supporting activities related to the operation of the business. Page 18 of 26
KEY SUMMARY OF POINTS – GOVERNMENT’S STIMULUS PACKAGE - MARCH 2020 Banking The following is information that has been publically released by the major banks in relation to COVID-19 relief. It is necessarily general in nature. The Australian Banking Association has made various announcements of intentions to relieve businesses and landlords. Communication with your banking manager will be crucial during this time. Government Announcements Government guarantee for 50% of loans granted to business of up to $20B. (RBA on lending the funds to banks at 0.25%). Across the board deferral by ABA for 3 - 6 months. Westpac Disaster Relief Information Business Unsecured three year term loan up to $250,000 if turnover is under $50M – part of Government support measure – credit criteria applies. Deferral of loan repayments for eligible small business customers – business term loans. Total lending less than $3M. Application required. Various rate reductions available. Waiver of merchant terminal rental fees. Zero establishment fee on equipment finance. Personal Financial hardship applications to be completed here. NAB COVID-19 Help Information Business Deferral of repayment for up to 6 months Rate reductions Quick access to lending – for pre-approved customers… Deferral of credit card payments Merchant terminal rental waiver for up to 6 months Deferral of home loan payments for up to 6 months Personal Home owner support can be found here. CBA Unsecured lending to business of $10B with 5% reduction in normal unsecured interest rates Business Unsecured lending of up to $250,000 if turnover is less than $50M, no repayments for 6 months. 3 months deferral of repayments for certain loans less than $3M and overdrafts. If you have a Relationship Manager, they will be able to assist you at this time. Otherwise, you can contact our dedicated Business Financial Assistance team on 13 26 07. They are open 24 hours 7 days a week. Page 19 of 26
KEY SUMMARY OF POINTS – GOVERNMENT’S STIMULUS PACKAGE - MARCH 2020 Personal Deferrals of up to 6 months. ANZ Business Repayment deferral of up to 6 months, interest capitalised. Various rate reductions. Temporary overdraft increases. Personal Rate reduction by 0.15%. Repayment pause for up to 6 months if experiencing hardship. Small business asset write-off Effective from announcement date (12 March 2020) to 30 June 2020. Businesses with aggregated annual turnover of less than $500M (up from $50M currently) will be able to write off assets purchased up to the value of $150,000 (up from the current $30,000). This applies on a per asset basis and can be used on second hand assets first used from commencement date until 30 June 2020. Write-off scheduled to revert to $1,000 from 1 July 2020 so await any extension of $30,000 limit. Accelerated depreciation claims There is also accelerated depreciation deductions (from 12 March 2020 until 30 June 2021) for businesses with turnover under $500M. Asset must be new, cannot be second hand. Example – asset purchased after 1 July 2020, instant asset write-off not applicable. Cost Depreciation Year 1 Depreciation subsequently SBE (turnover less than $10M and 57.5% = $57,500 Claim 30% of reducing balance SBE depreciation pool) depreciation deduction each year in pool so $100,000 machinery/equipment 30% x $42,500 in year 2 Turnover $10M - $500M $50% x $50,000 in year one + Claim 20% x remaining balance in $100,000 equipment with 5 years (20% of $50,000 x [181/365]) = year 2, so 20% x $45,042. effective life, installed 1 January $50,000 + $4,958. 2021 $54,958 deduction. $9,008 deduction. Turnover $10M - $500M $50% x $57,581 in year one + Claim 25% x remaining LCL $100,000 car with 8 years (25% of $28,790 x [181/365]) = balance in year 2, so 25% x effective life, acquired 1 January $28,790 + $3,569. $25,222. 2021. Luxury car limit (LCL) applies. $32,359 deduction. $6,305 deduction. Page 20 of 26
KEY SUMMARY OF POINTS – GOVERNMENT’S STIMULUS PACKAGE - MARCH 2020 ATO admin measures The ATO will work on a case by case basis to support individual businesses. Assistance is available via the ATO website. Deferring by up to 4 months the payment date of payments due through BAS, PAYGI, Income tax & FBT. Businesses can opt into monthly reporting to get refunds quicker. Vary PAYG Instalments to $0 for March 2020 quarter; and Claim a refund for instalments paid September & December 2019 quarters. Remission of interest & penalties incurred on or after 23 January 2020. Affected business can enter into low interest payment plans to pay off tax liabilities. Still need to meet superannuation obligations Insolvency measures Increase threshold at which creditors can issue a statutory demand ($2,000 to $20,000) and the time a company has to respond (21 days to 6 months). This applies for 6 months. Temporary increase in threshold for creditor initiated bankruptcy and time period for debtors’ response. Extend period of protection debtor receives after making a declaration of intention to present a debtor’s petition. Temporary relief for directors from personal liability while trading insolvent. It applies for 6 months and is applicable to debts incurred in the ordinary course of business. Leases & Tenancy Government has prohibited evictions for a 6 month period. Banks are offering a variety of relief measures to businesses and landlords, with the intention of preventing business closure and thus loss of tenancy. Banking association pledged that the Big 4 banks would not pursue repayments from landlords on loans, provided that they did not evict their tenant or vary their lease terms over the coming 6 month period. Negotiation of lease relief for both landlords and tenants will be crucial, including understanding the difference between rent-free periods and rent-deferral periods. Page 21 of 26
KEY SUMMARY OF POINTS – GOVERNMENT’S STIMULUS PACKAGE - MARCH 2020 Information for sole traders Their primary source of support should be the JobKeeper payment, provided they meet eligibility. If they don’t then they need to consider the following point. If their income dips below $1,075 per fortnight then they will be eligible for the $550 supplement but not the full $1,100 which includes jobseeker payments. They can also access on top of this $1,075 the $10,000 in super this FY and $10,000 more next FY if they have had a reduction in income of 20% or more. If their income has not dropped below $1,075 per fortnight but they have dropped 20% or more they can still apply for the $10,000 super withdrawal. The only people who can access the full $1,100 per fortnight are the unemployed, Which leaves some sole traders such as Jenni Blundell in a weird spot as she is technically still open for casual lessons but most of her income has dried up due to school programs closing/students not turning up. I think in the case such as Jennilee’s it may be best to advise our clients to speak with Centrelink regarding their personal circumstances and see if they are entitled to some or all of the jobseeker allowance as a sole trade with minimal income. Finally below is a list of what sole traders will need to provide for their claim with Centrelink: When the Coronavirus supplement comes into effect on 27 April 2020, sole traders applying for Jobseeker will no longer be asked to provide Employment Separation Certificates, proof of rental arrangements, verification of relationship status, or a list of assets. Your eligibility will be based on your income, not your savings. If you apply before 27 April 2020, the list of supporting documents you will need to prepare is as follows: Evidence of your account balance covering the three months prior to and including the date you are submitting your claim. This must include BSB, account number, and account holder names for all accounts, including joint accounts. A bank statement will be accepted, but an ATM slip will not. A list of the type and amount of each asset and liability of your business. A profit and loss statement for the previous financial year for your business. Your latest personal tax return. Profit and loss statement for your business since income change, or over the last three months. As a supplement: proof of your lease or rental agreement. Page 22 of 26
KEY SUMMARY OF POINTS – GOVERNMENT’S STIMULUS PACKAGE - MARCH 2020 Household Measures Superannuation Pension Relief The Government is temporarily reducing superannuation minimum drawdown requirements for account-based pensions and similar products by 50% for FY2020 and FY2021. This measure will mean that those who don’t need additional income will not be required to take it out of their fund – potentially relieving some pressure to sell assets. It is also applies to market linked pensions and transition to retirement pensions: Age Default minimum % Reduced minimum % Under 65 4% 2% 65-74 5% 2.5% 75-79 6% 3% 80-84 7% 3.5% 85-89 9% 4.5% 90-94 11% 5.5% 95 or more 14% 7% If a pensioner has already drawn more than their reduced minimum, can they return the surplus pension payments to the fund? No, there will not be a mechanism to return surplus pension payments. It may however be possible for some clients to recontribute the surplus (if they are eligible to contribute and the amount will be within their contribution caps). Page 23 of 26
KEY SUMMARY OF POINTS – GOVERNMENT’S STIMULUS PACKAGE - MARCH 2020 Early access to Superannuation There will be early access to superannuation for those that suffer financially from the Coronavirus situation. Can access up to $20,000; $10,000 before 1 July 2020 and another $10,000 after 1 July 2020 (could be available for approx. 3 months after 1 July). This measure will be important for employers to be aware of – if they make an employee redundant or reduce their hours, their employee could be eligible for this. Eligibility To apply for early release of super, you must satisfy any one or more of the following requirements: you are unemployed; or you are eligible to receive a job seeker payment, youth allowance for jobseekers, parenting payment (which includes the single and partnered payments), special benefit or farm household allowance; or on or after 1 January 2020: you were made redundant; or your working hours were reduced by 20% or more; or if you are a sole trader — your business was suspended or there was a reduction in your turnover of 20% or more. People accessing their superannuation will not need to pay tax on amounts released and the money they withdraw will not affect Centrelink or Veterans’ Affairs payments. How to apply Apply through myGov – will be available from mid-April 2020 After the ATO has processed your application, they will issue you with a determination. The ATO will also provide a copy of this determination to your superannuation fund, which will advise them to release your superannuation payment. It is not yet clear how long it will take for the ATO to process an application and for the fund to make payment to the individual. Please note: that anyone who simply withdraws money from their SMSF now, or even after mid-April but does not follow the right process, will be subject to the usual rules. This could be substantial tax and other penalties – it is vital to wait until the new rules are in place. Page 24 of 26
KEY SUMMARY OF POINTS – GOVERNMENT’S STIMULUS PACKAGE - MARCH 2020 Centerlink Payments $750 will be provided to anyone who receives the age pension, youth allowance, newstart allowance, a carer’s allowance, Commonwealth Senior’s Health Care card holders, AUStudy, or a family tax benefit. Most of our clients won’t be affected but those with a Commonwealth Senior’s Health Care card or an aged pension will receive the $750. The payment will be paid automatically by 31 March 2020 with over 90% done by mid-April 2020. Payment is tax free. Couples will receive a payment each so a total of $1,500 if they both have an aged pension, Commonwealth Senior’s Health Care card or any other eligible payment. A second payment has been added for 13 July 2020 of $750. Supplements are also being paid fortnightly for a limited time for people seeking employment. The amount is $550. Eligibility requirements (hold one of following on 12 March 2020) are over page, along with those eligible for the second $550 supplement: Page 25 of 26
KEY SUMMARY OF POINTS – GOVERNMENT’S STIMULUS PACKAGE - MARCH 2020 Page 26 of 26
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