Current JobKeeper payments – extension to eligible employees

On 7 August 2020, further changes were announced to extend the JobKeeper scheme beyond 28 September 2020.  These changes also expand employee eligibility for the current JobKeeper payments.
 
We note that legislation has not yet been passed to give effect to these changes.  We will keep you updated on the progress of this legislation.

Eligible employees

From 3 August 2020, the date for assessing whether an employee is an eligible employee has changed from 1 March 2020 to 1 July 2020.
 
This means that some staff that were not eligible on 1 March 2020, may now be eligible for JobKeeper with effect from JobKeeper Fortnight 10 (which is the fortnight commencing 3 August 2020 and ending 16 August 2020).
 
This includes:
 
  • Casuals who have achieved 12 months service by 1 July 2020;
  • Staff who have achieved permanent residency by 1 July 2020;
  • Staff who have turned 18 years of age by 1 July 2020 (who were previously ineligible under the minor dependency rules); and
  • Permanent staff employed between 2 March 2020 and 1 July 2020.

What should you do?

We recommend that you undertake the following actions as soon as possible to determine if you have additional staff that may be eligible for JobKeeper:

  1. Review your employment records to identify any employees who are newly eligible for JobKeeper (see points above);
  2. With your employee, complete a JobKeeper Employee Nomination Notice;
  3. Update your payroll system to bring in any new employees from the relevant JobKeeper Fortnight (which can be as early as JobKeeper Fortnight 10 – which is the fortnight commencing 3 August 2020);
  4. Ensure that any participating employees are paid the $1,500 (before tax) minimum by no later than 16 August 2020 (the last day of JobKeeper fortnight 10);
  5. Continue to pay all eligible employees the $1,500 (before tax) each fortnight (including the newly eligible employees);
  6. Make sure that you declare your new eligible employees in your August JobKeeper declaration (to be lodged at the start of September).

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.

JobKeeper 2.0 Extension

This article has been superceded. Click here to access the latest information on JobKeeper 2.0.

The current JobKeeper scheme remains in place, as originally advised, until 27 September 2020.

JobKeeper 2.0 was introduced on 21 July 2020 to extend the JobKeeper payment to 28 March 2021 (see https://www.tjnaccountants.com.au/jobkeeper-2-0/)

Further changes were announced on 7 August 2020 to make it easier for organisations to qualify for the JobKeeper payment extension from 28 September 2020.  The changes also expand employee eligibility for JobKeeper.

December 2020 quarter payments - JobKeeper 2.0

Eligibility

 
To be eligible to receive payments under the JobKeeper 2.0 scheme between 28 September 2020 and 3 January 2021, businesses need to show a decline in their actual turnover of 30% or more for the September 2020 quarter only (compared to the September 2019 quarter).

The decline in turnover is calculated by reference to the actual GST turnover for the relevant quarter.

(Under the original JobKeeper 2.0 eligibility criteria, businesses had to have a decline of 30% or more for both the June and September quarters).

Fortnightly payment rate

If your business meets the eligibility criteria for the December 2020 quarter JobKeeper payments, the payment rates are as follows:

  • $1,200 per fortnight for employees that worked (on average) 20 hours per week (or business participants who were actively engaged in the business for 20 hours or more per week);
  • $750 per fortnight for employees that worked (on average) less than 20 hours per week in February 2020 (or business participants who were actively engaged in the business for less than 20 hours per week).

March 2021 quarter payments - JobKeeper 2.0

Eligibility

 
To be eligible to receive payments under the JobKeeper 2.0 scheme between 4 January 2021 and 28 March 2021, businesses need to show:
 
  • a decline in their actual turnover of 30% or more for the September 2020 quarter (compared to September 2019 quarter); AND
  • a decline in their actual turnover of 30% or more for the December 2020 quarter (compared to December 2019 quarter).
The decline in turnover is calculated by reference to the actual GST turnover for the relevant quarters.
 

Fortnightly payment rate

If your business meets the eligibility criteria for the March 2021 quarter JobKeeper payments, the payment rates are as follows:

  • $1,000 per fortnight for employees that worked (on average) 20 hours or more per week (or business participants who were actively engaged in the business for 20 hours or more per week);
  • $650 per fortnight for employees that worked (on average) less than 20 hours per week in February 2020 (or business participants who were actively engaged in the business for less than 20 hours per week).

Employee eligibility

From 3 August 2020, the reference date for assessing which employees are eligible for the JobKeeper payment is now 1 July 2020. This will increase the employee eligibility for the existing scheme and the extended JobKeeper scheme.

The reference period for employees regarding their hours worked (to determine their tier of JobKeeper payment) will be the two fortnightly pay periods prior to 1 March 2020 and 1 July 2020.  The period with the higher number of hours is used for employees who were eligible at 1 March 2020.

The Commissioner of Taxation will have discretion to set out alternative tests where an employee or business participant’s hours were not usual during the February and/or June 2020 reference period.

In summary, employees are eligible in the extension period if they satisfy all of the following conditions:

  • are currently employed by an eligible employer;
  • for the eligible employer they were either:
    • Full time, part-time or fixed-term employee as at 1 July 2020; or
    • A long-term casual employee (employed on a regular or systematic basis for at least 12 months) as at 1 July 2020 and not a permanent employee of any other employer.
  • were aged 18 years or older as at 1 July 2020 (if you were 16 or 17 you can also qualify if you are independent or not undertaking full time study);
  • were an Australian resident (within the meaning of the Social Security Act or the Income Tax Assessment Act) or a holder of a Subclass 444 (Special Category) visa as at 1 March 2020; and
  • did not receive any of the following payments during the JobKeeper fortnight:
    • Parental leave or Dad and partner pay under the Paid Parental Leave Act 2020
    • Workers compensation payment for total incapacity for work.

Alternative turnover tests

The Commissioner of Taxation will also have discretion to set out alternative turnover tests where it is not appropriate to compare actual turnover in 2020 to actual turnover in 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.

Superannuation Amnesty

There is currently a superannuation guarantee (SG) amnesty which allows employers to disclose and pay previously unpaid employee superannuation guarantee for quarters between 1 July 1992 to 31 March 2018.

Disclosures made under the amnesty will not incur the administration charge ($20 per employee per quarter) or the Part 7 penalty.

Also, payments made under the amnesty and before 7 September 2020 will be tax deductible.

Employers seeking to participate in the superannuation amnesty need to apply by 7 September 2020.

Eligibility

To be eligible for the amnesty, you must meet the following criteria:

  • you have not been advised that the ATO is examining or is intending to examine your SG obligations for the quarter(s) your disclosure relates to;
  • you have disclosed an SG shortfall for an employee you haven’t already disclosed to the ATO;
  • you disclose a shortfall for the quarter(s) starting from 1 July 1992 to 31 March 2018;
  • you lodge your completed SG amnesty form with the ATO so it is received no later than 7 September 2020

You will also need to pay the amount owing to the ATO (or set up a payment plan) after lodging the SG amnesty form.

Benefits of the amnesty

If you qualify for the amnesty, you:

  • Will be able to claim a tax deduction for SG amounts covered by the amnesty that are paid by 7 September 2020;
  • Won’t be required to pay the administration component ($20 per employee per quarter)
  • Won’t have a Part 7 Penalty applied.

Failure to disclose unpaid super

The ATO will continue to conduct audits of employers not paying their employees’ superannuation.  If these employers are identified (before they voluntarily disclose their liability), they will not be eligible for the benefits of the amnesty.  They will be required to pay:

  • The superannuation shortfall
  • The nominal interest charge of 10%
  • The administration charge ($20 per employee per quarter)
  • The Part 7 penalty (up to 200% of the superannuation guarantee charge)

What should affected employers do?

You need to act immediately to determine whether you have underpaid your employees’ superannuation for any previous quarter.

For unpaid quarters within the amnesty period, you apply for the amnesty by lodging an approved SG amnesty form.

If you are eligible, you will receive written notification from the ATO within 14 days of lodging the amnesty form. 

In order to claim a tax deduction for amnesty-related payments, you must make the relevant payments by 7 September 2020.

Free ATO Online Course – employer SG obligation

The ATO also have a free online course designed to educate employers about their superannuation guarantee responsibilities for their employees.  You can access the course here.

If you would like to discuss how to apply for the amnesty, please call us 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,