Deductibility of Employee Wages – Big Changes

Deductibility of Employee Wages – BIG CHANGES!

For most businesses, wages are one of the largest expenses.  Ordinarily, the payment of wages would be tax deductible for a business.  However, from 1 July 2019, payments to workers will not be deductible if the employer has not met their PAYG withholding obligations for the wages. 

Where the PAYG withholding rules require an amount to be withheld from wages, an employer must withhold that amount and report the withheld amount to the ATO. 

An employer won’t lose their deduction if they:

  • Withhold an incorrect amount by mistake but correct the mistake by lodging a voluntary disclosure form with the ATO; or

  • Withhold the correct amount but report an incorrect amount, provided the mistake is corrected as soon as possible.

Generally, an employer will only lose their deduction if there is a withholding or reporting obligation and no amounts were withheld or reported to the ATO (unless there is voluntary disclosure to the ATO in the approved form before the ATO reviews their business affairs).

 

These changes will work hand-in-hand with the new Single Touch Payroll (STP) reporting requirements that commence on 1 July 2019 for most businesses.  See our article here on Single Touch Payroll. 

 

What payments does this apply to?

The PAYG withholding system applies to the following payments:

  • of salary, wages, commissions, bonuses, or allowances to an employee

  • of directors fees

  • under a labour hire arrangement

  • for a supply of services where the contractor has not provided you with an ABN.

If you do not comply with the PAYG withholding system for any of these payments, you may lose a deduction for that payment.

 

What does this mean for my business?

If you employ staff, you will need to make sure you have systems in place to withhold the correct amount of tax from your employees’ pay.  The amount withheld must then be reported and paid to the Australian Taxation Office as part of your business activity statement reporting cycle. 

Businesses using accounting software packages should ensure their payroll modules are up-to-date and using the current year tax tables.  You also need to ensure that you have the correct documentation for your employees to support their wages and the PAYG withholding (including tax file number declarations).

 

How can we help?

We are conducting payroll health checks for businesses with employees.  Please contact us today on (07) 56656469 if you would like us to review your payroll systems to ensure they will be compliant at 1 July 2019.

DISCLAIMER: The information in this article is general in nature and is not a substitute for professional advice.  Accordingly, neither TJN Accountants nor any member or employee of TJN Accountants accepts any responsibility for any loss, however caused, as a result of reliance on this general information.  We recommend that our formal advice be sought before acting in any of the areas.  The article is issued as a helpful guide to clients and for their private information.  Therefore it should be regarded as confidential and not be made available to any person without our consent,

Single Touch Payroll

From 1 July 2019, all employers will need to be reporting to the ATO using Single Touch Payroll. 

 

Employers will need to report, salary, wages, PAYG withholding and superannuation to the ATO at the time you pay your employees.

 

The Single Touch Payroll reporting requirements will work hand-in-hand with the new provisions that will deny a deduction to employers for failing to report and pay PAYG withholding for their employee payments (see our separate article here).

 

What does this mean for my business?

 

If you employ staff, you will need to make sure you have systems in place to enable you to report your payroll information to the ATO every pay period.  Generally, if you are using up-to-date accounting software, it should be able to comply with the STP requirements without too much additional effort.  However, you should check this with your software provider.

 

How can we help?

 

We are conducting payroll health checks for businesses with employees.  Please contact us today on (07) 56656469 if you would like us to review your payroll systems to ensure they will be compliant at 1 July 2019.

DISCLAIMER: The information in this article is general in nature and is not a substitute for professional advice.  Accordingly, neither TJN Accountants nor any member or employee of TJN Accountants accepts any responsibility for any loss, however caused, as a result of reliance on this general information.  We recommend that our formal advice be sought before acting in any of the areas.  The article is issued as a helpful guide to clients and for their private information.  Therefore it should be regarded as confidential and not be made available to any person without our consent,

Federal election 2019 – Labor’s Franking Credit Policy

In the lead up to the 2019 Federal election, we will seek to provide you with as much information about the fiscal policies of both the Liberal party and the Labor party to ensure you can make a fully informed decision on election day.  We will not provide any judgements or comments in relation to the proposed policies. 

Labor’s Franking Credit Policy

What is the policy?

 Franking credits (or imputation credits) are credits that accompany franked dividends.  They represent the income tax that the company has already paid on the underlying profit supporting the dividend.  Currently, taxpayers receive a credit against their tax bill for the franking credits received from franked dividends.  Taxpayers can receive a cash refund of the franking credits if these credits exceed their tax bill.

The Labor party is seeking to stop the cash refund for the excess franking credits.  The franking credits can be used to reduce an existing tax liability, but cannot be used to generate a cash refund.  Excess and unused franking credits will be lost.

 

Exemptions

Labor’s policy will only apply to individuals and superannuation funds (and therefore will not apply to income tax exempt charities and not-for-profit institutions with deductible gift recipient status).

The policy also will not apply to taxpayers who are receiving an Australian Government pension or allowance.  This includes individuals receiving Age Pension, Disability Support Pension, Carer Payment, Parenting Payment, Newstart and Sickness Allowance.

The policy will also not apply to self-managed superannuation funds with at least one recipient of an Australian Government pension or allowance as at 28 March 2018.

 

When will the policy start?

The proposed start date of the policy is 1 July 2019.

 

Who is most affected?

Labor’s proposed Franking Credit Policy will impact on any taxpayers that are currently receiving a tax refund that is based on franking credits received on dividends (so superannuation funds that have an investment in Australian shares). 

Most significantly, superannuation funds will be impacted where at least one of the members is in pension phase (as earnings on pension income is tax-free).  If all members of a superannuation fund are in pension phase, the fund will not be paying any income tax on its earnings.  Consequently, the fund will presently be receiving a full cash refund of any franking credits attached to dividends. 

As noted above, however, the policy will not apply to self-managed superannuation funds where at least one member is in receipt of an Australian Government Pension or Allowance.

Individuals on low taxable incomes will also be affected where they receive a refund from franking credits.  This may, for example, impact on self-funded retirees where they have investments in Australian shares in their individual name.

In a press release on 21 January 2019, Josh Frydenberg MP (current Treasurer and member of the Liberal Party) argued that more than 900,000 individuals, 200,000 self-managed superannuation funds and 2000 super funds will be affected by this policy.

 

More information

You can access Chris Bowen MP’s statement regarding Labor’s franking credit policy here.

 

Important points to note

  1.  Implementation of the above policy would require Labor to win the 2019 election;

  2. Implementation of the above policy would require Labor to have the relevant legislation passed through the upper and lower houses of Parliament;

  3. The final legislation may differ to the above policy after a period of consultation with relevant community stakeholders.

 

What should you do if you’re concerned?

If you are concerned about your current tax or financial strategy as a result of the above proposed policy, we recommend you call us as soon as possible on (07) 56656469.

DISCLAIMER: The information in this article is general in nature and is not a substitute for professional advice.  Accordingly, neither TJN Accountants nor any member or employee of TJN Accountants accepts any responsibility for any loss, however caused, as a result of reliance on this general information.  We recommend that our formal advice be sought before acting in any of the areas.  The article is issued as a helpful guide to clients and for their private information.  Therefore it should be regarded as confidential and not be made available to any person without our consent,