10th Annual
Pre Financial Year End &
Post Budget Update
Wednesday 16 May
Pre-Financial Yearexperience. new thinking
experience. new thinking
Agenda
 Tax Update – Jamie Towers, Partner
 Superannuation Update – Clive Todd, Partner
 Questions
experience. new thinking
2017/18 Federal Budget
Tax Update
Jamie Towers
Partner
experience. new thinking
 Budget returning to surplus earlier than expected
 Individual Tax Offsets and Tax Cuts
 Proceed with Company Tax Cuts
 R & D Caps
 Division 7A changes delayed
 Director Penalty regime extended
Tax Update
experience. new thinking
Tax Update
What didn’t Change?
 No – Standard Work Related Deductions
 No – Changes to Negative Gearing
 No – Changes to CGT Discount Rate
experience. new thinking
Budget Surplus
 2018-2019 – predicting a Smaller Deficit of
$14.5 Million
 2019-2020 – Surplus of $2.2 Billion
experience. new thinkingexperience. new thinking
Individual Tax Cuts
Proposed
% Current Tax Rate
(2017-2018)
2018-2019 - 2021-2022 2022-2023 - 2023-
2024
2024-2025 onwards
0 $0 - $18,200 $0 - $18,200 $0 - $18,200 $0 - $18,200
19 $18,201 - $37,000 $18,201 - $37,000 $18,201 - $41,000 $18,201 - $41,000
32.5 $37,001 - $87,000 $37,001 - $90,000 $41,001 - $120,000 $41,001 - $200,000
37 $87,001 - $180,000 $90,001 - $180,000 $120,001 - $180,000
45 $180,001 + 180,001 + $180,001 + $200,001 +
experience. new thinkingexperience. new thinking
Individual Tax Cuts
Low and Middle Income Tax Offset (LAMITO)
 In addition to Low Income Tax Offset (LITO)
 Non-Refundable
 Up to $200 for incomes up to $37,000
 $37,001 - $48,000 increases to $530 by 3 cents/$1
 $48,001 – 90,000 receive max benefit of $530
 $90,001 - $125,333 reduces by 1.5 cents/$1
 Applies from 1 July 2018 and will continue until 30
June 2022
experience. new thinkingexperience. new thinking
Individual Tax Cuts
Low and Middle Income Tax Offset (LAMITO)
 Applies to both individuals and trustees paying tax
on behalf of individuals
 Does not apply to minors
 Effective tax free threshold (with LAMITO) becomes:
$21,594
 Effective tax saving on income of $200,000 once all
cuts implemented: $7,225
experience. new thinkingexperience. new thinking
Individual Tax Cuts
New Low Income Tax Offset from 1/7/22
 Replaces LAMITO and current LITO
 Income < $37,000 - $645
 Income $37,001 - $41,000 – $645 but reduced by
6.5% of income above $37,000
 Income $41,000 - $66,666 - $385 but reduced by
1.5% on income above $41,000
experience. new thinkingexperience. new thinking
Individual Tax Cuts
 Medicare Levy – no Increase – remains at 2%
 Medicare Levy to commence at $21,980
(individual) and $37,089 (couple)
experience. new thinkingexperience. new thinking
Individual Tax Cuts
 Personal Image Rights – Taxed to Individual
 Sportsmen, Entertainers and other high profile
people can currently assign their image rights to
another entity (eg family trust or company) and
have income from exploitation of that image taxed
in that entity.
 From 1/7/2019 income from exploitation of image
to be taxed to the individual
experience. new thinkingexperience. new thinking
Individual Tax Cuts
 Everett Assignments (Assignment of Partnership
Income stream to another entity)
 No small business CGT benefits upon the
assignment of income stream to another entity.
(8/5/2018)
experience. new thinkingexperience. new thinking
Individual Tax Cuts
 Testamentary Trust Integrity Rule
 Minor beneficiaries can receive adult tax
treatment for distributions from a testamentary
trust
 Integrity rule introduced to ensure that only
income from assets transferred from a will can
receive adult tax treatment
experience. new thinkingexperience. new thinking
Business
 Instant Asset write-off for assets costing up to
$20,000 extended to 30/6/2019 for small
business
experience. new thinkingexperience. new thinking
Business
 ‘Carrying on a business’ test to be applied to
expenses associated with holding vacant land
 Deductions associated with holding land to be
disallowed
 Lost deductions cannot be carried forward, but
can add to cost base
 Will not apply to commercial development,
constructed buildings available for rent and land
used in a business of primary production
 Aimed at discouraging land banking
experience. new thinkingexperience. new thinking
Business
 Division 7A
 Promised changes delayed another year
 Certainty to be provided in relation to Unpaid
Present Entitlements (UPEs)
experience. new thinkingexperience. new thinking
Business
 Government persisting with tax cuts for large
companies
 Eventually tax rate is proposed to fall to 25% for
all companies
 Currently only Base Rate Entities (companies) get
a reduced tax rate
 (Note Base rate threshold differs to Small
business entity threshold which is fixed at $10M)
experience. new thinkingexperience. new thinking
Business
Current Company Tax Rates
Tax Rates
Year Threshold Base Rate Entity Other entity
2016/2017 $10 Million 27.50% 30%
2017/2018 $25 Million 27.50% 30%
2018/2019 $50 Million 27.50% 30%
experience. new thinkingexperience. new thinking
Black Economy
 No deduction for wages / contractor payments
where withholding rules not complied with
(1/7/2019)
 Taxable Payment rules to apply to security, road
freight and computer contracting industries from
1/7/2019
 Business payments of > $10,000 to not be made
in cash
experience. new thinkingexperience. new thinking
Black Economy
 Extend Director Penalty Rules to GST, WET and
LCT
 Limit directors from backdating resignations, or
resigning when it results in no directors
experience. new thinkingexperience. new thinking
Research & Development
Companies with < $20 Million turnover
 Cap of $4 Million refund
 Excess incentive over $4 Million to carry forward
to following year
 Clinical trials not counted in $4 Million cap
 R & D Tax Incentive = 13.5% above tax rate
experience. new thinkingexperience. new thinking
Research & Development
Companies with > $20 Million turnover
 Expenditure cap increased from $100M - $150M
 Tax Incentive linked to proportion of expenditure
spent on R & D:
 4% - 0-2% of total expenditure
 6.5% - 2-5% of total expenditure
 9% - 5-10% of total expenditure
 12% - > 10% of total expenditure
experience. new thinkingexperience. new thinking
Tax Planning
Key Tax Planning Concepts have not changed:
 Defer derivation of income until future periods
when tax rates are lower
 Bring forward expenditure if possible
 Consider bringing forward asset purchases to
take advantage of instant write-off for assets
less than $20,000
experience. new thinkingexperience. new thinking
Tax Planning
 Consider Pre-Payments of interest on
investment loans to further reduce income this
year (individuals or small business entities can
deduct prepayments)
 Concessional Contributions to super fund will
reduce taxable income ($25,000 concessional
cap) (seek advice from a registered financial
advisor)
experience. new thinking
Clive Todd
Partner
2017/18 Federal Budget
Superannuation Update
experience. new thinking
No Major Superannuation
Changes
experience. new thinking
• 2018/19 Budget Announcements
• What’s changing on 1 July 2018
experience. new thinking
2018/19 Budget
Announcements
experience. new thinkingexperience. new thinking
Increase to SMSF Members
 Max number increased from 4 to 6
 From 1 July 2019
 For SMSF & SAFs
experience. new thinkingexperience. new thinking
Implications
 Way to boost SMSF balance
 Large families can all be in one fund
 State Acts might need to change
 Added complexity
 Ability to optimise the use of franking credits
experience. new thinkingexperience. new thinking
Triennial Audits for SMSFs
 SMSFs can move to a three-yearly audit cycle rather
than annual
 From 1 July 2019
 Only if 3 years of clean audit reports & timely lodging
3yr
experience. new thinkingexperience. new thinking
Implications
 Less red tape & cost to SMSF trustees
 Issues may go undetected
 Or is it?
 Potential for deliberate manipulation
experience. new thinkingexperience. new thinking
Work Test Exemption
 Permits individuals to make voluntary contributions for
12 months after end of financial year they last met the
work test
 Work test is being gainfully employed for 40 hours in a
30 day period
 Applies to individuals aged 65-74 who have a Total
Superannuation Balance (TSB) of less than $300,000
 From 1 July 2019
experience. new thinkingexperience. new thinking
Preventing Inadvertent
Concessional Cap Breaches
 If total income exceeds $263,157 and have multiple
employers
 Can “opt-out” of receiving SG from certain
employers
 Ensures $25,000 concessional cap not
exceeded
 From 1 July 2018
experience. new thinkingexperience. new thinking
Protecting Low Balance
Superannuation
 3% cap on fees where super balance is less
than $6,000
 Ban on exit fees
 Inactive super accounts less than $6,000
transferred to ATO
experience. new thinkingexperience. new thinking
 Opt-in for insurance if under 25 or balance less
than $6,000
 Insurance to cease if no contributions for 13
months
 POTENTIAL TRAP!
experience. new thinkingexperience. new thinking
Older Australian Package
 The Government has introduced the following
measures to enhance the standard of living for older
Australians:
 Increase to the Pension Work Bonus from $250 to $300 per
fortnight
 Amendments to the pension phase means test rules to
encourage the take up of lifetime retirement income products
 Expansion of the Pensions Loan Scheme to allow more
Australians to use the equity in their home to increase their
incomes
experience. new thinkingexperience. new thinking
What’s changing on 1 July 2018
(Implementation of previously
announced changes)
experience. new thinkingexperience. new thinking
Catch-Up Concessional
Contributions
 Unused concessional contribution cap amounts can be
carried forward
 Calculated on a rolling basis over 5 consecutive years
 Restricted to individuals with TSB less than $500,000
experience. new thinkingexperience. new thinking
Downsizing Exemption
 Individuals aged 65 or over are able to contribute
$300,000 from proceeds of sale of family home
 Not subject to current age restrictions, work test, TSB
restrictions or contribution caps
 Home must have been owned for 10+ years
 Contribution cannot exceed total proceeds of sale
 No requirement to actually purchase another property
experience. new thinkingexperience. new thinking
Event Based Reporting
 SMSFs required to report events impacting their TBA
 Transfer Balance Account Report (TBAR)
 Includes commencing/commuting pensions, partial
commutations, some LRBAs
 If any member has TSB greater than $1m
 Reporting required within 28 days of end of quarter
 If all members have TSB less than $1m
 Reporting required when annual report due
experience. new thinkingexperience. new thinking
First Home Super Saver
Scheme
 Where individuals are able to make voluntary super
contributions up to $15,000 per year and $30,000 in
total to purchase first home
 Can be withdrawn from 1 July 2018 along with
associated earnings
 Withdrawals taxed at individual's marginal tax rate less
30% tax offset
experience. new thinkingexperience. new thinking
Where to now?
 LNP has flagged no major changes
 Labor has flagged a lot
= Election Battleground
experience. new thinkingexperience. new thinking
Proposed Labor Changes
 Reduce non-concessional contribution cap to $75,000
 Lower Div 293 income threshold to $200,000
 Remove catch-up concessional & greater deductibility of
personal contribution
 Abolish cash refunds of excess dividend imputation
credits
experience. new thinking
Questions?
experience. new thinking
This document contains information in summary form and discusses proposed but not legislated rules
and is therefore intended for general guidance only.
It is not intended to be a substitute for detailed research or the exercise of professional judgement. It
does not purport to be comprehensive or to render professional advice. The reader should not act on
the basis of any matter contained in this publication without first obtaining specific professional advice.
We believe that the statements made by us in this document are accurate but no warranty of accuracy
or reliability is given. Our conclusions are based on interpretations of accounting standards and other
relevant professional pronouncements and legislation current as at the date of this document. Should
the interpretations, accounting standards, other relevant professional pronouncements or legislation
change, our conclusions may not be valid.
© Hanrick Curran, 2018
All rights reserved
experience. new thinking
Disclaimers

2018 Pre Financial Year End & Post Budget Update

  • 1.
    10th Annual Pre FinancialYear End & Post Budget Update Wednesday 16 May Pre-Financial Yearexperience. new thinking
  • 2.
    experience. new thinking Agenda Tax Update – Jamie Towers, Partner  Superannuation Update – Clive Todd, Partner  Questions
  • 3.
    experience. new thinking 2017/18Federal Budget Tax Update Jamie Towers Partner
  • 4.
    experience. new thinking Budget returning to surplus earlier than expected  Individual Tax Offsets and Tax Cuts  Proceed with Company Tax Cuts  R & D Caps  Division 7A changes delayed  Director Penalty regime extended Tax Update
  • 5.
    experience. new thinking TaxUpdate What didn’t Change?  No – Standard Work Related Deductions  No – Changes to Negative Gearing  No – Changes to CGT Discount Rate
  • 6.
    experience. new thinking BudgetSurplus  2018-2019 – predicting a Smaller Deficit of $14.5 Million  2019-2020 – Surplus of $2.2 Billion
  • 7.
    experience. new thinkingexperience.new thinking Individual Tax Cuts Proposed % Current Tax Rate (2017-2018) 2018-2019 - 2021-2022 2022-2023 - 2023- 2024 2024-2025 onwards 0 $0 - $18,200 $0 - $18,200 $0 - $18,200 $0 - $18,200 19 $18,201 - $37,000 $18,201 - $37,000 $18,201 - $41,000 $18,201 - $41,000 32.5 $37,001 - $87,000 $37,001 - $90,000 $41,001 - $120,000 $41,001 - $200,000 37 $87,001 - $180,000 $90,001 - $180,000 $120,001 - $180,000 45 $180,001 + 180,001 + $180,001 + $200,001 +
  • 8.
    experience. new thinkingexperience.new thinking Individual Tax Cuts Low and Middle Income Tax Offset (LAMITO)  In addition to Low Income Tax Offset (LITO)  Non-Refundable  Up to $200 for incomes up to $37,000  $37,001 - $48,000 increases to $530 by 3 cents/$1  $48,001 – 90,000 receive max benefit of $530  $90,001 - $125,333 reduces by 1.5 cents/$1  Applies from 1 July 2018 and will continue until 30 June 2022
  • 9.
    experience. new thinkingexperience.new thinking Individual Tax Cuts Low and Middle Income Tax Offset (LAMITO)  Applies to both individuals and trustees paying tax on behalf of individuals  Does not apply to minors  Effective tax free threshold (with LAMITO) becomes: $21,594  Effective tax saving on income of $200,000 once all cuts implemented: $7,225
  • 10.
    experience. new thinkingexperience.new thinking Individual Tax Cuts New Low Income Tax Offset from 1/7/22  Replaces LAMITO and current LITO  Income < $37,000 - $645  Income $37,001 - $41,000 – $645 but reduced by 6.5% of income above $37,000  Income $41,000 - $66,666 - $385 but reduced by 1.5% on income above $41,000
  • 11.
    experience. new thinkingexperience.new thinking Individual Tax Cuts  Medicare Levy – no Increase – remains at 2%  Medicare Levy to commence at $21,980 (individual) and $37,089 (couple)
  • 12.
    experience. new thinkingexperience.new thinking Individual Tax Cuts  Personal Image Rights – Taxed to Individual  Sportsmen, Entertainers and other high profile people can currently assign their image rights to another entity (eg family trust or company) and have income from exploitation of that image taxed in that entity.  From 1/7/2019 income from exploitation of image to be taxed to the individual
  • 13.
    experience. new thinkingexperience.new thinking Individual Tax Cuts  Everett Assignments (Assignment of Partnership Income stream to another entity)  No small business CGT benefits upon the assignment of income stream to another entity. (8/5/2018)
  • 14.
    experience. new thinkingexperience.new thinking Individual Tax Cuts  Testamentary Trust Integrity Rule  Minor beneficiaries can receive adult tax treatment for distributions from a testamentary trust  Integrity rule introduced to ensure that only income from assets transferred from a will can receive adult tax treatment
  • 15.
    experience. new thinkingexperience.new thinking Business  Instant Asset write-off for assets costing up to $20,000 extended to 30/6/2019 for small business
  • 16.
    experience. new thinkingexperience.new thinking Business  ‘Carrying on a business’ test to be applied to expenses associated with holding vacant land  Deductions associated with holding land to be disallowed  Lost deductions cannot be carried forward, but can add to cost base  Will not apply to commercial development, constructed buildings available for rent and land used in a business of primary production  Aimed at discouraging land banking
  • 17.
    experience. new thinkingexperience.new thinking Business  Division 7A  Promised changes delayed another year  Certainty to be provided in relation to Unpaid Present Entitlements (UPEs)
  • 18.
    experience. new thinkingexperience.new thinking Business  Government persisting with tax cuts for large companies  Eventually tax rate is proposed to fall to 25% for all companies  Currently only Base Rate Entities (companies) get a reduced tax rate  (Note Base rate threshold differs to Small business entity threshold which is fixed at $10M)
  • 19.
    experience. new thinkingexperience.new thinking Business Current Company Tax Rates Tax Rates Year Threshold Base Rate Entity Other entity 2016/2017 $10 Million 27.50% 30% 2017/2018 $25 Million 27.50% 30% 2018/2019 $50 Million 27.50% 30%
  • 20.
    experience. new thinkingexperience.new thinking Black Economy  No deduction for wages / contractor payments where withholding rules not complied with (1/7/2019)  Taxable Payment rules to apply to security, road freight and computer contracting industries from 1/7/2019  Business payments of > $10,000 to not be made in cash
  • 21.
    experience. new thinkingexperience.new thinking Black Economy  Extend Director Penalty Rules to GST, WET and LCT  Limit directors from backdating resignations, or resigning when it results in no directors
  • 22.
    experience. new thinkingexperience.new thinking Research & Development Companies with < $20 Million turnover  Cap of $4 Million refund  Excess incentive over $4 Million to carry forward to following year  Clinical trials not counted in $4 Million cap  R & D Tax Incentive = 13.5% above tax rate
  • 23.
    experience. new thinkingexperience.new thinking Research & Development Companies with > $20 Million turnover  Expenditure cap increased from $100M - $150M  Tax Incentive linked to proportion of expenditure spent on R & D:  4% - 0-2% of total expenditure  6.5% - 2-5% of total expenditure  9% - 5-10% of total expenditure  12% - > 10% of total expenditure
  • 24.
    experience. new thinkingexperience.new thinking Tax Planning Key Tax Planning Concepts have not changed:  Defer derivation of income until future periods when tax rates are lower  Bring forward expenditure if possible  Consider bringing forward asset purchases to take advantage of instant write-off for assets less than $20,000
  • 25.
    experience. new thinkingexperience.new thinking Tax Planning  Consider Pre-Payments of interest on investment loans to further reduce income this year (individuals or small business entities can deduct prepayments)  Concessional Contributions to super fund will reduce taxable income ($25,000 concessional cap) (seek advice from a registered financial advisor)
  • 26.
    experience. new thinking CliveTodd Partner 2017/18 Federal Budget Superannuation Update
  • 27.
    experience. new thinking NoMajor Superannuation Changes
  • 28.
    experience. new thinking •2018/19 Budget Announcements • What’s changing on 1 July 2018
  • 29.
  • 30.
    experience. new thinkingexperience.new thinking Increase to SMSF Members  Max number increased from 4 to 6  From 1 July 2019  For SMSF & SAFs
  • 31.
    experience. new thinkingexperience.new thinking Implications  Way to boost SMSF balance  Large families can all be in one fund  State Acts might need to change  Added complexity  Ability to optimise the use of franking credits
  • 32.
    experience. new thinkingexperience.new thinking Triennial Audits for SMSFs  SMSFs can move to a three-yearly audit cycle rather than annual  From 1 July 2019  Only if 3 years of clean audit reports & timely lodging 3yr
  • 33.
    experience. new thinkingexperience.new thinking Implications  Less red tape & cost to SMSF trustees  Issues may go undetected  Or is it?  Potential for deliberate manipulation
  • 34.
    experience. new thinkingexperience.new thinking Work Test Exemption  Permits individuals to make voluntary contributions for 12 months after end of financial year they last met the work test  Work test is being gainfully employed for 40 hours in a 30 day period  Applies to individuals aged 65-74 who have a Total Superannuation Balance (TSB) of less than $300,000  From 1 July 2019
  • 35.
    experience. new thinkingexperience.new thinking Preventing Inadvertent Concessional Cap Breaches  If total income exceeds $263,157 and have multiple employers  Can “opt-out” of receiving SG from certain employers  Ensures $25,000 concessional cap not exceeded  From 1 July 2018
  • 36.
    experience. new thinkingexperience.new thinking Protecting Low Balance Superannuation  3% cap on fees where super balance is less than $6,000  Ban on exit fees  Inactive super accounts less than $6,000 transferred to ATO
  • 37.
    experience. new thinkingexperience.new thinking  Opt-in for insurance if under 25 or balance less than $6,000  Insurance to cease if no contributions for 13 months  POTENTIAL TRAP!
  • 38.
    experience. new thinkingexperience.new thinking Older Australian Package  The Government has introduced the following measures to enhance the standard of living for older Australians:  Increase to the Pension Work Bonus from $250 to $300 per fortnight  Amendments to the pension phase means test rules to encourage the take up of lifetime retirement income products  Expansion of the Pensions Loan Scheme to allow more Australians to use the equity in their home to increase their incomes
  • 39.
    experience. new thinkingexperience.new thinking What’s changing on 1 July 2018 (Implementation of previously announced changes)
  • 40.
    experience. new thinkingexperience.new thinking Catch-Up Concessional Contributions  Unused concessional contribution cap amounts can be carried forward  Calculated on a rolling basis over 5 consecutive years  Restricted to individuals with TSB less than $500,000
  • 41.
    experience. new thinkingexperience.new thinking Downsizing Exemption  Individuals aged 65 or over are able to contribute $300,000 from proceeds of sale of family home  Not subject to current age restrictions, work test, TSB restrictions or contribution caps  Home must have been owned for 10+ years  Contribution cannot exceed total proceeds of sale  No requirement to actually purchase another property
  • 42.
    experience. new thinkingexperience.new thinking Event Based Reporting  SMSFs required to report events impacting their TBA  Transfer Balance Account Report (TBAR)  Includes commencing/commuting pensions, partial commutations, some LRBAs  If any member has TSB greater than $1m  Reporting required within 28 days of end of quarter  If all members have TSB less than $1m  Reporting required when annual report due
  • 43.
    experience. new thinkingexperience.new thinking First Home Super Saver Scheme  Where individuals are able to make voluntary super contributions up to $15,000 per year and $30,000 in total to purchase first home  Can be withdrawn from 1 July 2018 along with associated earnings  Withdrawals taxed at individual's marginal tax rate less 30% tax offset
  • 44.
    experience. new thinkingexperience.new thinking Where to now?  LNP has flagged no major changes  Labor has flagged a lot = Election Battleground
  • 45.
    experience. new thinkingexperience.new thinking Proposed Labor Changes  Reduce non-concessional contribution cap to $75,000  Lower Div 293 income threshold to $200,000  Remove catch-up concessional & greater deductibility of personal contribution  Abolish cash refunds of excess dividend imputation credits
  • 46.
  • 47.
    experience. new thinking Thisdocument contains information in summary form and discusses proposed but not legislated rules and is therefore intended for general guidance only. It is not intended to be a substitute for detailed research or the exercise of professional judgement. It does not purport to be comprehensive or to render professional advice. The reader should not act on the basis of any matter contained in this publication without first obtaining specific professional advice. We believe that the statements made by us in this document are accurate but no warranty of accuracy or reliability is given. Our conclusions are based on interpretations of accounting standards and other relevant professional pronouncements and legislation current as at the date of this document. Should the interpretations, accounting standards, other relevant professional pronouncements or legislation change, our conclusions may not be valid. © Hanrick Curran, 2018 All rights reserved experience. new thinking Disclaimers