Welcome to the Services For Tax Practitioners Day 1 - 10 November 2020 Thank you for joining us. This meeting will commence at 11:00 AEDT. To connect to audio: When dialling into the webinar: 1. Hover over the bottom of the webinar screen • Dial 1800 888 453 • Enter attendee code 165 739 3800 # • If you are unable to connect to the 1800 number, try one below: 2. Click on the phone receiver button 3. You can choose to connect to the audio: • using your computer or • by dialling in using the prompts on your screen OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 • • • • • • Adelaide +61-8-7079-0394 Brisbane +61-7-3067-4844 Melbourne +61-3-9070-6484 Perth +61-8-6388-9974 Australia Toll +61-2-9053-7190 Australia Toll 2 +61-2-9338-2221 Services For Tax Practitioners – Day 1 Digital Partnership Office AGENDA|DAY ONE Welcome and introduction Martin Mane Individuals & Intermediaries agent experience update Kerry O’Loghlin Digital Wholesale Integration Service Update Michael Rowell Digital Services Gateway 2021 Program of work DPO update Customer Verification for tax agents Change Advices Substantiation JobKeeper pre-fill for IITR Mick Ferris Sangitha Sivayogaraj Sharna Maltman Ben Spargo Various Karmin Van Groesen Kelly Norwood 3 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 Reflections & future direction Presented by: Assistant Commissioner Martin Mane Digital Partnership & Strategy Australian Taxation Office Presented by: Assistant Commissioner Kerry O’Loghlin Digital Services – Individuals & Intermediaries Australian Taxation Office Presented by: Assistant Commissioner Michael Rowell Digital Wholesale & Integration Services Australian Taxation Office REFLECTIONS FROM 2020 AND FUTURE DIRECTION PA S T TA X Y E A R • • • • • Streamlined PVT process IITR Income Schedule delivered in XML Improved technical specifications PLS dashboard enhancements including visibility of delayed batches 19M IITR submissions from July to October 2020 o 50% increase in growth compared to last year. • • M2M transition myGovID and RAM enhancements e.g. o name matching rules o usability and performance o advanced filter options o ability to export authorisations into excel format myGovID for OS4DSPs • • • • • • FUTURE TA X T I M E D I G I TA L I D E N T I T Y TPAR transition to SBR2 Wholesale platforms (SBR2, SBR1 & BDE) maintained 99.5% availability throughout Tax Time. Native product alignment, improved resilience architecture, database split to improve processing Bushfire support COVID-19 Stimulus measures delivered e.g. o Cashflow boost o Early Release of Super o JobKeeper P L AT F O R M & S E R V I C E S SUPPORTING THE COMMUNIT Y • • • Continue delivery of tax time forms and schedules in XML format Further improvements to granular data reporting and display Substantiation of expenses • Further myGovID and RAM enhancements. e.g. o update myGovID email address o improvement to document verification process o myGovID for individual services o face verification for higher level of identity enrolment & ID protection • • Digital Services Gateway New services to support Payment plans, Client Communications and Preferences Ongoing Platform Improvements – e.g. CHiRPP for STP Phase 2 PLS Improved Error Handling • • • JobMaker plan including o temporary loss carry-back to support cash flow o hiring credits o bringing forward the Personal Income Tax Plan 5 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 Digital Services Gateway Presented by: Michael Ferris Director, Digital Wholesale & Integration Services ADSM – DSG Solution – The right service channels PLATFORMS & INFRASTRUCTURE To deliver different packets, parcels or messages efficiently & effectively we need different delivery capabilities Nimble & can deliver to every address. Parcel delivery modes vary, but great at meeting individual needs for small packages. Inefficient way of delivering very large packages centrally. Trains require defined tracks to run on & deliver to many stations. Great for distribution of wholesale payloads. Not good at delivering to your door. Cargo ships can only dock at major ports. Great for delivery of massive payloads. Not good at distributed delivery. Digital Services Gateway • Ultra fast, scalable, responsive • Cloud Native • New formats • Business & life event transactions Digital Reporting Channel • Faster, scalable, responsive • Handles all existing standards & formats (EBMS3/AS4 – XBRL, XML) Adopt flexibility of digitalisation from the ground up. Fresh services delivered quickly. Some SBR2 services could/should be available here. For example MBR Services, Calculators, event based data Digital Reporting Channel is primarily necessary to keep industry partnerships such as SuperStream & legacy reports relevant. ebMS as an example is a fit for purpose protocol, not fit for all purposes. Lighter & Individuals Corporate Needs Bulk Data Exchange • Fit for purpose • Trusted providers • Built for large loads, file based • Handles multiple formats eg: AIIR File – up to 12GB Industrial sized offering, trusted protocols limited access. Currently fit for purpose & meets industry needs. Industrial Strength OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 7 ADSM – DSG Solution – DWIS - high level channel strategy Services styles for now & future ATO’s Digital Partners don’t just deliver tax. They deliver value add services to their target market. ATO’s digital partnerships are growing & becoming more diverse. Programs like STP & MBR will drive further increases. Websites Portals Apps Natural systems Partnering with the Business management software digital ecosystem As ATO shifts to event driven services there will be an increase in small lightweight API services. There will also be services that make sense to be are bulk &/or batch, particularly as data-sharing based services increase. Lightweight APIs Batch services Bulk services ATO Digital M2M Services The right platform using the right technology DSG OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 to best deliver the service SBR2 BDE 8 ADSM – DSG Solution – Our future digital services platform A solution that achieves high service availability targets, is secure and efficient The ATO is seeking a new innovative solution to deliver lightweight digital services. This solution will enable clients to interact and consume quick, small and data driven services. This capability is referred to as the DSG. Expected Outcomes The ATO requires a solution or solutions that will service both capabilities (DSG and DRC) and that can be deployed with minimal disruption to the consumers of the current services. Single entry point ATO Digital Services Modernisation Program Digital Services Gateway • Provide new light-touch and lightweight messaging standards • Service real time, digital event single transactions Contemporary, stable, resilient technology that is seamlessly scalable to meet future demands Proactive, real time data insights Increased confidence & transparency Enhanced experience through industry standard standards & practices Increased community trust & confidence Service Integration Internal ATO processing systems OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 9 2021 Program of work Presented by: Sangitha Sivayogaraj Director, Digital Wholesale & Integration Services PROGRAM OF WORK | ATO Wholesale Services EVTE Product Roadmap FY 2020 / 2021 JULY Validation CBC (0002.2020.SUBMIT) FVS (0002.2014.SUBMIT) AUG SEP Interface & Validation Interface & Validation OCT NOV Interface & Validation Interface & Validation PMTPLN (0003.2020.SUBMIT) LDG (0002.2019.GET) LDG (0002.2019.GET) EPF (sprrol.0003.2020) CUADDR (0003.2016.SUBMIT) FBTLGCY (0003.2021.SUBMIT) Validation LDG (0002.2016.LIST) Validation CRS (0002.2021.SUBMIT) CURNN (0002.2016.SUBMIT) IITR (0007.2020.SUBMIT) COMMPREF (0001.2019.GET) DEC Interface & Validation JAN Validation FBT (0004.2021.SUBMIT) ABNREG (0004.2019.SUBMIT) CLNTCOMM (Single) (0001.2020.LIST) ( IITR (0008.2021.GET) (0008.2021.SUBMIT) Interface & Validation CLNTCOMM (Single) (0001.2020.GET) CTR (0012.2021.SUBMIT) IITR (0008.2021.GET) (0008.2021.SUBMIT) TPAR (SBR2) (0003.2021.SUBMIT) COMMPREF (0001.2019.SUBMIT) PTR (0009.2021.SUBMIT) Validation TRT (0009.2021.SUBMIT) FATCA (0001.2017.SUBMIT) SMSFAR (SBR2) (0011.2021.SUBMIT) PAYEVNT (0004.2020.SUBMIT) Validation PAYEVNT (0004.2020.UPDATE) FEB MAR APR MAY JUN Interface & Validation COMMPREF (0001.2019.LIST) LCMSF (0003.2021.SUBMIT) IITRPRFL (0004.2021.GET) Validation LCMSF (0002.2018.SUBMIT) TRTAMI (0002.2021.SUBMIT) PMTPLNELG (0003.2020.LIST) FITR (0007.2021.SUBMIT) PMTPLN (0003.2020.CALCULA TE) PMTPLN (0003.2020.SUBMIT) Change description Tentative: Schedule under review Obligation Management Automatic Exchange of Information Business Registrations Income Tax Base Income Tax Schedule Activity Statements Employer Obligations Superannuation Tax Practitioner Practice Management Tax Practitioner Practice Management Report Future Work TBC Code removal Significant Global Entity Obligations OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 11 PROGRAM OF WORK | ATO Wholesale Services Production Product Roadmap FY 2020 / 2021 JULY AUG SEP OCT DEC NOV JAN LDG (0002.2019.GET) IITR (0007.2020.SUBMIT) FEB MAR FVS (0002.2014.SUBMIT) TPAR (SBR2) (0003.2021.SUBMIT) IITR (0008.2021.GET) (0008.2021.SUBMIT) SMSFVRFY (0002.2020.GET) CTR (0012.2021.SUBMIT) SMSFMBRVRFY (0002.2020.GET) PTR (0009.2021.SUBMIT) CUADDR (0003.2016.SUBMIT) CURNN (0002.2016.SUBMIT) CRS (0002.2021.SUBMIT) LDGLST (0002.2016.LIST) CBC (0002.2020.SUBMIT) FATCA (0001.2017.SUBMIT) EPF (sprrol.0003.2020) PAYEVNT (0004.2020.SUBMIT) FBTLGCY (0003.2021.SUBMIT) PAYEVNT (0004.2020.UPDATE) FBT (0004.2021.SUBMIT) APR MAY JUN TRT (0009.2021.SUBMIT) SMSFAR (SBR2) (0011.2021.SUBMIT) FITR (0007.2021.SUBMIT) PMTPLNELG (0003.2020.LIST) TRTAMI (0002.2021.SUBMIT) PMTPLN (0003.2020. CALCULATE) IITRPRFL (0004.2021.GET) PMTPLN (0003.2020.SUBMIT) LCMSF (0002.2018.SUBMIT) LCMSF (0003.2021.SUBMIT) ABNREG (0004.2019.SUBMIT) Change description Tentative: Schedule under review Obligation Management Automatic Exchange of Information Business Registrations Income Tax Base Income Tax Schedule Activity Statements Employer Obligations Superannuation Tax Practitioner Practice Management Tax Practitioner Practice Management Report Future Work TBC Significant Global Entity Obligations 12 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 Code removal Online Services for DSPs Presented by: Sharna Maltman Director, Digital Partnership Office ONLINE SERVICES FOR DSPS | Where are we now? In October 2018 we launched with 7 DSPs Today… Tickets Created, Tickets Resolved and Average Resolution Time 591 420+ active DSPs 790+ active contacts 5,470+ tickets raised since Jan 2020 5,580+ requests resolved since Jan 2020 Ticket Numbers Created Resolved 401 404 341 324 489 463 313 329 353 420 475 475 397 264 254 380 332 214 289 267 205 10.4 9.1 7.1 7.0 6.3 Days 5.4 7.3 6.8 5.0 3.5 6.7 Average Time to Resolution Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 14 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 ONLINE SERVICES FOR DSPS | Improvements we’ve delivered We have been working hard to make filling out a ticket as easy as possible and so you know exactly what we’re asking for! Successfully transitioned from AUSkey to myGovID (March 2020) Implemented complex internal automation functionality for our tickets (October 2020) Expanded knowledge hub & collaboration space (ongoing) We have implemented complex internal automation functionality for our tickets All ticket fields have been reviewed and updated Allowed IP1 myGovID identity strength users access to OS4DSPs (September 2020) (October 2020) Created request types to support our clients with new initiatives and global challenges (March 2020) 15 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 ONLINE SERVICES FOR DSPS | Improvements we’re currently working on Activity Scheduled for completion November 2020 Building a solution for ABSIA board members that will enable access to OS4DSPs Late November 2020 Automating the Operational Framework Annual Review ticket for quicker/simplified processing Early December 2020 Building a STP Phase 2 support solution for our clients within the service Early December 2020 Revamping DSP Profile Pages to make them more meaningful Early 2021 Tailoring the experience for entities that have multiple departments working under the same ABN Early-mid 2021 Building a Super Funds portal for Superannuation Funds where they can nominate their DSP when raising an incident – this will streamline issue resolution and provide visibility greater visibility for DSPs. Early-mid 2021 June 2021 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 16 ONLINE SERVICES FOR DSPS | Future improvements 14 December 2020 March 2021 The ATO is updating to a new Incident management platform (Service Now) and we will need to ensure OS4DSPs stays integrated Continue to deploy the Online Services for Superannuation funds solution June 2021 June 2021 Investigating opportunities to give DSPs greater permission control for their users Improving our management of contact and company maintenance by making it easier for clients to view and update their details in real time Implementing Single Sign On capability for internal ATO staff Implement the ability for the DPO to auto generate knowledge articles and fact sheet based on request raised July 2021 September 2021 17 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 Customer verification for tax agents Presented by: Ben Spargo - Director, Client Engagement & Director CURRENT ENVIRONMENT DIGITAL ECONOMY | COVID-19 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 ▪ New and better services with Digital Economy ▪ Expanded technology and digital capability ▪ Benefits realised in COVID 19 environment ▪ Less face-to-face interactions ▪ Client assurances with easier access ▪ Risks realised with identify theft 19 CURRENT THREAT | Identity Theft OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 ▪ Opportunities for cybercriminals in digital environment ▪ ID theft results in loss for all parties ▪ Financial cost to individuals ▪ Reputation and business loss for agents ▪ Decreased trust and confidence in the ATO ▪ Impact increasing every year 20 CURRENT PROBLEM | Protecting Personal Information OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 ▪ Increased instances of fraud observed in ATO ▪ Stimulus attractive to ID criminals ▪ Multiple sources used to build identity profile ▪ Vulnerable systems with less safeguards are targeted ▪ Breaches not restricted to specific agents types 21 Lunch break CA 2021-009| Addressing the tax gap for individuals- Granular Data for Tax Professionals BACKGROUND This work was announced as part of the Personal income tax 2018–19 budget measure to maintain the current tax gap level by continuing existing income matching programs, and to reduce the tax gap through increased targeted action and deterrence strategies. The provision of Granular data for tax professionals is part of a broader program of work to deliver on the new policy proposal (NPP) commitment to government. A key strategy of the NPP is to ensure consistency in data collection for Individual Income Tax Returns (IITRs) across all electronic channels. Changes implemented in 2019 and 2020 provide the detailed granular data for tax agent-lodged returns, in line with existing myTax processes. • Tax Time 2019: new granular data Deductions schedule • Tax Time 2020: remaining granular data products: • Income schedule • Multi-property rental schedule, including disabling Single property rental schedule for IITR (remains available for NITR) • CGT schedule & NRFI schedule (little or no impact for DSPs/tax agents) BUSINESS REQUIREMENTS The existing Copy of Return service has been expanded to include the granular data from the above schedules, allowing DSPs to offer their tax agent clients a service that brings in this data from returns lodged by another tax agent or through myTax. Granular data is the detailed line item information provided to the ATO when completing IITRs, including the descriptive, textual elements. 2020 Copy of Return service (LDG.Get), including granular deductions, income, multi-property rental, CGT and NRFI data (available EVTE now, production release December) OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 Presented by: Bronwen Arthur Forms impacted: 2020 Copy of return service 23 CA 2021-020| Real-time analytics (IITRPRFL) – sole trader enhancement Background: The IITR Profile Compare (IITRPRFL) service is a functionality for tax agents acting on behalf of individuals. The IITRPRFL service: • is intended to help tax agents and their clients lodge a correct IITR, to be used during preparation of the return • is discretionary, enabling tax agents to call the ATO risk modelling system for one or more specified items on a tax return • provides messaging where a real-time risk assessment identifies data at certain fields as anomalous (such as where claims appear high compared to similar taxpayers, or where it appears that data may be missing based on prior-year information) • returns the equivalent response as myTax real-time analytics Presented by: Jason Gunton Bronwen Arthur Forms impacted: PLS This service currently provides messaging for clients for the following risk areas: Work-related expenses Interest and dividend income Cost of managing tax affairs Other deductions label Rental interest deductions Summary: The existing service is being expanded to include checks for sole trader income and deductions. Further expansion in the small business market is planned for future years. 24 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 CA 2021-020| Real-time analytics (IITRPRFL) – sole trader enhancement IMPACTS Work summary: • Expansion of existing IITRPRFL service to include information from the Business and Professional Items schedule: Cost of sales Total expenses Presented by: Jason Gunton Bronwen Arthur Forms impacted: PLS • Scheduled for delivery for Tax Time 2021 25 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 BM 2021-001| Super Reform package Information on this measure is currently available in the factsheet on the Budget website. Presented by: Michael Brooks 26 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 CA 2021-002| Improving the taxation of Testamentary Trusts SUMMARY To allow clients who receive income from a Testamentary Trust to correctly identify that income when completing their tax returns, for 2021, we are adding this code into the corresponding tables in a number of returns. Note: We are taking this opportunity to also add the Special Disability Trust code to these returns. IMPACTS Business requirements: Presented by: Helen Adamovich Forms impacted: IITR Supplementary section CTR SMSF annual return TTR PTR Add new ‘Testamentary Trust’ and ‘Special Disability Trust’ codes in the following: • Item 13 ‘Partnerships and trusts’ labels L and U next to the amount fields of the Individual Income Tax Return Supplementary Section • Item 6 ‘Calculation of total profit or loss’ label E next to the amount field of the Company Tax Return • Item 11 ‘Income’ label M next to the amount fields of the SMSF Annual Return • Item 8 ‘Partnerships and trusts’ labels Z and R next to the amount fields of the Trust Tax Return • Item 8 ‘Partnerships and trusts’ labels Z and R next to the amount fields of the Partnership Tax Return 27 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 CA 2021-008| Better Targeting Research and Development SUMMARY On 8 May 2018, the Government announced that they would amend the Research & Development Tax Incentive (R&DTI) to encourage additional investment in Research & Development (R&D) while also ensuring the integrity and fiscal affordability of the R&DTI. The 2020 Budget changes were introduced to parliament and received Royal assent on 14 October 2020. The changes will apply to the first income year commencing on or after 1 July 2021. Presented by: Rhonda Elliot Forms impacted: CTR Research & Development tax incentive schedule IMPACTS Key features of the new legislation include: • Increase the R&D expenditure threshold from $100 million to $150 million per annum. • For companies with an aggregated turnover of $20 million or more, replace the current 38.5% non-refundable offset with a 2 tier intensity premium: o 0-2% an 8.5% premium to the company tax rate o >2% an 16.5% premium to the company tax rate • For companies with an aggregated turnover below $20 million, replacing the current 43.5% refundable offset with an offset of 18.5 percentage points above the claimant's company tax rate. • Improving the transparency of the program by publicly disclosing R&D claims • Amendments to the feedstock and clawback provisions • Minor technical amendments that will not require system changes 28 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 CA 2021-008| Better Targeting Research and Development BUSINESS REQUIREMENTS SUMMARY Changes to the Company tax return and R&D schedule will be required for the 2022 tax returns. The design will remain largely the same as previously consulted on and included in change advices. Noting: the changes to the tiers; the cap on the refundable tax offset with a clinical trials exemption is no longer required. The additional information labels included in June 2020 change advice will not be required and should not be completed for any lodgments. These will be built into the 2022 R&D schedule Presented by: Rhonda Elliot Forms impacted: CTR Research & Development tax incentive schedule 29 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 CA 2021-015| JobMaker Plan – temporary loss carry-back to support cash flow BACKGROUND Following the 2020–21 Budget announcements, the government has legislated a number of temporary tax incentives (including temporary full expensing) to support new investment and increase business cash flow. The existing treatment of corporate tax entity losses would limit the effectiveness of some of these measures as the losses would only be able to be carried forward for use in future income tax years. The loss carry back regime will temporarily allow eligible corporate tax entities to offset tax losses against previously taxed profits (i.e. paid tax in relevant previous years) to generate a tax refund (refundable tax offset). This will allow eligible corporate entities to “use” their current losses immediately rather than carry them forward. Eligible corporate tax entities with less than $5 billion aggregated turnover can generally choose to claim a refundable tax offset up to the lesser of: • the amount of tax paid in previous relevant years (i.e. their income tax liabilities); • their closing franking account balance for the year that they claim the refundable tax offset; and • the amount of eligible tax losses carried back multiplied by their applicable tax rate in the loss year. Eligible corporate tax entities can claim the loss carry back tax offset by carrying back losses made in the 2019–20, 2020–21 and 2021–22 years to a prior year's income tax liability in the 2018–19, 2019–20 and 2020–21 years. Presented by: Laura Bagnato Heydon Wardell-Burrus Forms impacted: CTR Losses schedule Notice of assessment SUMMARY We are still working through the design for this measure, however, changes will be required to the company tax return and losses schedule. As a minimum we expect that the design will largely follow the previous loss carryback measure from 2012-13, however due the scale of this measure, there may be additional labels. These remain under consideration. 30 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 CA 2021-006| Increase in SMSF membership from 4 to 6 BACKGROUND Currently Self-managed super funds (SMSFs) and Small APRA Funds (SAFs) can only have a maximum of 4 active members. If legislation passes from the 1st quarter after Royal Assent is received, SMSFs and SAFs will be able to have up to 6 active members. Updates of the electronic channels for fund registration, for changing fund details and SAR lodgments are required to allow: • an SMSF to have up to 6 members and, either up to 6 individual trustees or up to 6 directors of the corporate trustee BUSINESS REQUIREMENTS SUMMARY Superannuation Entities Registration and Change of Details Change of Details for Superannuation Entities online form 1. Where an SMSF updates their fund membership, the electronic form must allow them to report up to six active members and individual trustees or directors of corporate trustee. 2. Where an SMSF updates their associates via ABR any existing front facing validation rules and suspense errors are to apply for the new maximum limit of 6 members, individual trustees or directors of corporate trustee. 3. Where an SMSF reports a change in membership, the form must be updated to enable up to six individual trustees or directors of corporate trustee to complete the notice of election. 4. Where an SMSF attempts to complete new labels and labels updated as part of this feature, the online form must contain supporting information and guidance material. Presented by: Kerry Lake Forms impacted: Electronic ABN registration for superannuation entities form Electronic Change of details for superannuation entities form Electronic 2021 SAR 31 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 CA 2021-006| Increase in SMSF membership from 4 to 6 Application for ABN registration for superannuation entities online 5. Where an SMSF submits an ABN registration application online either via ABR UI directly or through a Digital Service Provider’s product, the electronic form must allow them to report up to six active members, individual trustees or directors of corporate trustee. 6. Where an SMSF adds associates via ABR any existing front facing validation rules and suspense errors are to apply for the new maximum limit of 6 members, individual trustees or directors of corporate trustee. 7. When sending new member information from ABR to the SMSF‘s superannuation role in ICP, existing rules are to apply for the now increased number of six members, individual trustees or directors of corporate trustee. 8. Where an SMSF attempts to complete new labels and labels updated as part of this feature the electronic form must contain supporting information and guidance material. Changes to the 2021 financial year SAR and onwards Section F: Member information 1. Insert two new member sections: • MEMBER 5 • MEMBER 6 i. ii. Presented by: Kerry Lake Forms impacted: Electronic ABN registration for superannuation entities form Electronic Change of details for superannuation entities form Electronic 2021 SAR The paper SAR is to apply the same fields to the two new members as what is applied to the existing four members SARs lodged via SBR2 are to apply the same fields, formatting and front facing validation rules to the two new members as what is applied to the existing four members 32 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 CA 2021-006| Increase in SMSF membership from 4 to 6 Section G: Supplementary member information 2. Insert two new member sections: • MEMBER 7 • MEMBER 8 i. ii. iii. Re-number the remaining member sections to: • MEMBER 9 • MEMBER 10 • MEMBER 11 • MEMBER 12 SARs lodged via SBR2 are to apply the same fields, formatting and front facing validation rules to the two new members as what is applied to the existing four members Advice, guidance and SAR instructions to be updated to provide explanation of reporting requirements. Presented by: Kerry Lake Forms impacted: Electronic ABN registration for superannuation entities form Electronic Change of details for superannuation entities form Electronic 2021 SAR 33 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 CA 2021-001: 60% CGT discount for affordable housing Presented by: Presenter’s name: Yuliya White Business area: IAI New Measures Australian Taxation Office CA2021-001: AFFORDABLE HOUSING | Additional 10% CGT discount • On 12 December 2019, the law changed to allow an additional capital gains tax discount of up to 10% for Australian resident individuals who invest in affordable housing • To qualify for the discount, an investor must have provided affordable housing: • on or after 1 January 2018 for a period or periods totalling not less than 1,095 days and • must have done so either directly, or through a trust, a managed investment trust or a partnership (not a public unit trust or superannuation fund). • Investors can claim up to an extra 10% affordable housing discount once they have sold the qualified dwelling • Only the individual investor can claim the affordable housing discount, it cannot be claimed at the trust level 35 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 CA2021-001: AFFORDABLE HOUSING | Additional 10% CGT discount • The dwelling must be property managed by a registered Community Housing Provider (CHP) • An individual investor who has invested directly in affordable housing should receive an annual affordable housing certificate from their CHP showing the number of days their dwelling was used to provide affordable housing • An individual who invests through a trust or managed investment trust, may need to contact their trustee to get the number of affordable housing days in order to work out their additional affordable housing discount percentage 36 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 CA2021-001: AFFORDABLE HOUSING | How to calculate the additional CGT discount The affordable housing discount percentage is equal to: Discount percentage that would apply to discount capital gain 5 x Affordable housing days less any period of foreign or temporary residency during the time the dwelling was used for affordable housing Total ownership days less any period of foreign or temporary residency where: • capital gain discount percentage is generally 50%. • Affordable housing days are the number of days the dwelling was used to provide affordable housing (from 1 January 2018) during its ownership period less the number of days when the individual receiving the affordable housing capital gains discount was a foreign or temporary resident. • Total ownership days are the number of days the dwelling was held from the time it was acquired until a CGT event occurred, excluding any period of foreign or temporary residency after 8 May 2012. 37 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 CA2021-001: AFFORDABLE HOUSING | Updates for 2021 • Label 18M will be changed to ‘Have you applied an exemption, rollover or additional discount?’ • New Exemption/Rollover/Discount code ‘W – Affordable housing discount’ will be added to the existing codes • CGT Record Keeping Tool will be updated to assist clients to record events regarding eligible affordable housing dwellings • New question ‘Is this property eligible for the affordable house additional discount?’ will be displayed in the CGT Record Keeping Tool when Asset type is ‘Australian real estate’ • New validation will be added to cater for the affordable housing discount being between 50% and up to 60% in the IITR associated form – Capital Gains Tax • The detailed information will be available on the ato.gov.au website soon 38 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 CA 2020-305: Jobseeker payment (update) Cessation of Sickness allowance Presented by: Presenter’s name: Yuliya White Business area: IAI New Measures Australian Taxation Office CA2020-305: WELFARE REFORM | Sickness Allowance • From 20 March 2020 there were no new grants of Sickness Allowance. • On 20 September 2020 Sickness Allowance ceased completely as all remaining recipients would have either returned to their jobs or transferred to JobSeeker payment after their medical certificates expired. • Sickness Allowance was included in a specific Medicare levy exemption category. Based solely on the receipt of Sickness Allowance, individuals were entitled to a Medicare levy exemption for the period during the year that they were receiving the Sickness Allowance. • JobSeeker payment is not included in a specific Medicare levy exemption category. Individuals receiving JobSeeker payment are not entitled to a Medicare levy exemption based solely on the receipt of this payment. • Medicare levy exemption for Sickness Allowance recipients is only allowed from 1 July 2020 to 19 September 2020 this financial year. • Social Services Legislation Amendment (Welfare Reform) Act 2018. 40 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 GST at Settlement Presented by: Jonno Colman Director, GST New Measures GST AT SETTLEMENT | Content • Key elements • Process • Risk identification and common errors • Property data • Software providers • Additional information 42 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 GST AT SETTLEMENT | Key elements Key elements of the GST at settlement measure • From 1 July 2018, most purchasers of new residential premises or land that could be used to build new residential property ('potential residential land') are required to pay a withholding amount from the contract price at the date of settlement. This is paid directly to the ATO rather than to the property supplier. • The purchaser will remit 1/11th of the contract price to the ATO and the remaining money to the property supplier, or a lower 7% rate of withholding where the margin scheme applies. 10% of the GST exclusive market value applies for certain supplies between associates. 43 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 ATO PURCHASER 2. Form 1 processed: • Creates Purchaser GST Withholding account in ICP • PRN and LRN provided on submission of form 1. Deposit paid direct to Supplier 2. Form 1 sent to the ATO 3. Email 1 4/5. Form 2 processed: • Liability raised on Purchaser GST Withholding account • Payment is credited to Purchaser GST Withholding account 4/5. On settlement: • Form 2 is sent to the ATO • GST withholding payment sent to the ATO • Balance of contract price paid to Supplier 6. Email 2 1. Withholding notification sent to Purchaser ATO SUPPLIER / DEVELOPER 1. Agreement reached 4/5. Receives payment 8. Triggers auto transfer of credit from Supplier GST Property Credit account in ICP to their GST account OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 8. Lodge BAS and report property sale 7. Email 3 7. Supplier GST Property Credit account in ICP is created and credit allocated 44 GST AT SETTLEMENT | Risk identification and common errors Risk Identification and Common Errors • GST at settlement risk model o Linked to data submitted via the two online forms o Comparing property sales against BAS labels • Common errors identified o Not lodging the BAS o Lodging the BAS but not reporting the property transaction o Incorrectly reporting the property transaction (eg Confusion on eligibility to use the margin scheme and how it is calculated) o Incorrectly including the withholding amount on the BAS o A credit has been allocated to one entity but the property reported on the BAS on another entity 45 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 GST AT SETTLEMENT | Property data Property data During 2018-19 o Lodgment Channel % of BAS lodgment ATO Online* – lodgements via ATO Online or the portals 63% Standard Business Reporting - bulk lodgment by registered agents using SBR-enabled software 8% Standard Business Reporting - single lodgment using SBR-enabled commercially available software 8% Web services/Standard Business Reporting – lodged using SBR-enabled software via portal channel. 8% Other (including paper) 13% Approximately 50,000 property transactions o Approximately 10,500 suppliers o The average number of properties sold by these suppliers is 5, but the median is 2 (given the higher volume from larger suppliers) *Note – some clients may manage their transactions in software but lodge via ATO Online channels 46 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 GST AT SETTLEMENT | Software providers Software providers • Received interest to provide access to the GST property credit account o Currently viewable via Online Services for Individuals & sole traders, Online Services for Agents and the Business Portal o This would require a wholesale API (being considered internally) • Provide access to information on GST at settlement o Link to ATO webpages o Guidance on how to record these property transactions in your software o Potentially link to guidance on an association webpage 47 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 GST AT SETTLEMENT | Additional information Additional information Web information • GST at settlement ato.gov.au/gstatsettlement o GST at settlement – a guide for purchasers and their representatives o GST at settlement – a guide for suppliers and their representatives • GST property settlement online forms and instructions ato.gov.au/gstpropertyforms • Law Companion Ruling LCR 2018/4 Other • Podcast on our podcast channel Tax InVoice (search QC54552) • Recorded webinars are available at tv.ato.gov.au 48 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 CA 2021-012| GST on property BACKGROUND Currently, there is no wholesale solution to retrieve GST Property Credit Account information. Based on requests from Digital Service Providers (DSP) and acknowledging the ATO’s desire to provide consistency in channel offerings, there is a need to provide a wholesale service for clients via the SBR2 channel. This will allow for third party software providers to retrieve information on the credit amounts from the GST Property Credit account. Presented by: Jonathon Colman Forms impacted: BAS SUMMARY Key elements: From 1 July 2018, most purchasers of new residential premises or land that could be used to build new residential property ('potential residential land') are required to pay a withholding amount from the contract price at the date of settlement. This is paid directly to the ATO rather than to the property supplier. The purchaser will remit 1/11th of the contract price to the ATO and the remaining money to the property supplier, or a lower 7% rate of withholding where the margin scheme applies. 10% of the GST exclusive market value applies for certain supplies between associates 49 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 CA 2021-007| JobMaker Plan – bringing forward the Personal Income Tax Plan and retaining the low- and middle-income tax offset BACKGROUND The Government has brought forward stage 2 of its Personal Income Tax Plan for the 2020–21 income year and later years. Presented by: Paul Prieditis SUMMARY The measure: • increases the low income tax offset (LITO) from $445 to $700 and adjusts the phase out rules • increases the top threshold of the 19% personal income tax bracket from $37,000 to $45,000 • increases the top threshold of the 32.5% personal income tax bracket from $90,000 to $120,000 • retains the low and middle income tax offset for the 2020–21 income year but will not apply for the 2021–22 income year and later years. The measure brings forward most of phase 2 of the previous personal income tax plan, changes some tax rate thresholds, increases to LITO. It also includes retention of LMITO for the 2020-21 income year. Further phases of the personal income tax plan (as legislated) are expected to be delivered in future years 50 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 CA 2021-013| Lower Taxes for Small and Medium businesses – reducing company tax rate cut SUMMARY For base rate entities with an aggregated turnover of less than $50m, the corporate tax rate will reduce to - 26% for the 2020-21 income year - 25% for the 2021-22 income year IMPACTS A summary of the company tax rates is listed in the table below: Presented by: Moran Yin Forms impacted: CTR TTR R&D schedule • Incorporate the 25% corporate tax rate in PAYG Instalments calculations for base rate entities with aggregated turnover of less than $50 million for their 2021-22 income years • The lower tax rates apply to entities taxed as corporate entities and the maximum franking credit. 51 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 CA 2021-014| Lower Taxes for Unincorporated Small Business Entities – Small Business Income Tax Offset SUMMARY The tax discount for unincorporated small businesses will increase incrementally from 13% from 1 July 2020 until it reaches 16% on 1 July 2021, as outlined below: - increase from 8% to 13% from 1 July 2020; - increase to 16% in 2021-22, where it will remain. Presented by: Moran Yin Forms impacted: IITR IMPACTS A summary of the company tax rates is listed in the table below: • The aggregated annual turnover eligibility threshold remains at $5 million • The capped discount remains at $1,000 per individual (unincorporated small business entity) in an income year • PAYG instalments will take into account the o 13% discount rate for the 2020-21 instalment year for those taxpayers who have lodged and claimed the offset in their 2020 return o 16% discount rate for the 2021-22 instalment year for those taxpayers who have lodged and claimed the offset in their 2021 return. OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 52 CA 2021-003| LCMSF Schema v3.0 SUMMARY The Local/Master File (LCMSF) service will be updated with LCMSF Schema v 3.0 from 1 July 2021. The proposed schema has been provided in the change advice for DSP review and feedback prior to release. LCMSF Schema v 3.0 will continue to be available via SBR and Bulk Data Exchange BDE channels Presented by: Liem Le Forms impacted: SGE obligations Local/Master file submit BUSINESS REQUIREMENTS The overarching changes to the service schema are: • Statements relating to reporting periods starting on or after 1 January 2020 must not be lodged using earlier schema (LCMSF 2017 (v 1.0) or LCMSF 2018 (v 2.0, v 2.1)) from 1 July 2021 onwards. • Statements relating to reporting periods starting before 1 January 2020 may continue to lodge using earlier schema, though we will encourage the use of LCMSF 2021 (v 3.0) for all reporting periods starting before 1 January 2020. 53 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 Substantiation Presented by: Karmin Van Groesen Director, Strategic Integration and Communications Experience and Government SUBSTANTIATION PROPOSAL OVERVIEW | Background Background • Through the Individual not in business tax gap program we have identified incorrect deduction claims for work related expenses as a key source of revenue leakage. In addition to the revenue costs, incorrect claims undermine the fairness of the tax system. The high level of non-compliance in relation to work related expense claims is driven in part by individuals viewing the risk of detection as acceptably low. • The digital substantiation proposal seeks to request evidence/ information from individual taxpayers for high risk work -related expense claims at the time of lodgment (and post lodgment) via easy online mechanisms for individuals and their agents. This will allow assessment of claims and processing of returns in a more timely manner and support individuals and their agents to provide evidence when they are likely to have it readily available. • Other benefits of the proposal include: o A new secure online upload facility will make it easier for individuals and agents to provide evidence to substantiate their claims. Rather than using mail, fax or an unsecure email system. o Reduced likelihood of a tax debt arising from post-issue audits. o The proposal aims to drive behavioural change by making compliance action more visible to high risk claimers during the lodgment process. All substantiation evidence would be checked by an ATO officer, reinforcing the consequences of claiming unsubstantiated expenses. 55 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 JobKeeper pre-fill for IITR Presented by: Kelly Norwood Director, Small Business Experience TT2021 JOBKEEPER PREFILL INFORMATION REPORT| Summary • The JobKeeper (JK) wage subsidy program received Royal Assent on 9 April 2020 and again on 3 September 2020 for JK2 extension until 28 March 2021 • The JK payment is a temporary scheme open to eligible businesses and Not for Profits impacted by the Coronavirus (COVID-19) which is then passed on to an eligible employees. The JK payment is also be available to self-employed individual nominating as a sole trader or eligible business participant (EBP)*. Business owners operating in partnership or through a trust or company can also access the JK payment if they qualify as an EBP. • JK payments are required to be reported as business income of the entity that receives the payment from the ATO • We expect that some JK payment recipients may not realise this requirement and under-report their business income • For Tax Time 2019-20, an ATO initiated Outbound email campaign was undertaken to remind clients to include JK payments in the 2019-20 financial year as business income • For Tax Time 2020-21, a prefill solution will be implemented to assist with the preparation of the 2020-21 individual income tax return: • Prefill solution will be delivered in myTax for sole traders receiving JK payments as EBP and available to tax agents (via Online Services for Agents and Standard Business Reporting) • The JK payment amount will be provided to clients as information only and will not be mapped to a label. Clients and their agents are then prompted to to review and include the JK amount with the business income when completing the individual income tax return • The ATO will be initiating an Outbound communication campaign for all EBPs and their tax agents, which will inform them of the total JK payment amount via myGov (for self-preparer sole traders); email (without JK amount instead an instructional message on how to access the JK amount will be provided) or paper (as the final attempt to advise taxpayers of their JK payment amount) • The new prefill data service will be made available on 1 July 2021 for self preparer individual taxpayers (sole traders) and their tax agents Disclaimer: the final detailed designs are still being work through internally and subject to change. We will notify you of any changes should that occur. *Eligible business participants (EBPs) are individuals who are not permanent employees of the particular business entity or another employer but who are actively engaged in the business carried on by a sole trader, partnership, trust or company (i.e. not passive partners, shareholders or director and beneficiaries). 57 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 TT2021 JOBKEEPER PREFILL INFORMATION REPORT LIMITATIONS IMPACTS Out of scope Impacted taxpayers. o o Non-individual entities (partnership, company or trust) that qualify as an EBP will not receive the JK payment prefill information, as the prefill framework is only available for individuals Self-employed Individuals that do not qualify as an EBP, but received JK payments for their eligible employees only Data quality o Only high confident quality data match of the Client identity that received JK payment will be exposed for prefill During 2019-20: o Approximately 906k received JK payments o Approximately 613k (68%) claimed JK payments as an EBP Technical package/artefacts including Schema, the Message Structure Table (MST) and the Business Implementation Guide (BIG) will be available by March 2021 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 Approximately 354k (58%) were Individuals EBP and o Approximately 259k (42%) were non-Individuals EBP Client/market segment o Self-employed individuals (i.e sole traders) EBP and their tax agents will have access to the additional data for JK payments Expected business outcomes o Increased support for taxpayers to correctly report their JK payments in their 2020-21 income tax returns o Minimise the number of amendments required o Fewer compliance activities undertaken having to raise adjustments and minimise the number of overpayments (debt recovery cases post ITR lodgment) System specifications o o Lodgment Channel for Individuals EBP (354k) % of ITR lodgment ATO Online – lodgements via ATO Online for Individuals or myTax 11% PLS 84% Other (including paper) 5% 58 TT2021 JOBKEEPER PREFILL INFORMATION REPORT Tax agent user experience (access the prefill info report via OSfA) Self-prepared individual taxpayer user experience (view the prefill info data via myTax) Tax agents can access their clients JK payments details, from the prefill information report available via OSfA. Below is an illustration example of the agents might expect to see in OSfA. Tax agent user experience (SBR Prefill report) The JobKeeper wage subsidy amount will be provided as part of informational prefill in the income section of the Prefill response. DSPs should advise agents of this amount and that it should be included at the relevant Business income section. Disclaimer: the final detailed designs and wordings are still being work through internally and subject to change. We will notify you of any changes should that occur. 59 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 CA 2021-017| TEMPORARY FULL EXPENSING (TFE) SUMMARY • Available for businesses with aggregated turnover of < $5 billion • Generally, TFE applies for an asset in precedence to Instant Asset Write Off (IAWO) and Backing Business Investment (BBI) accelerated depreciation. • Eligible businesses can deduct the cost of the following (for the 2020-21 and 2021-22 income years): • Eligible depreciating assets that are first held, and first used or installed for a taxable purpose, A from 7:30pm AEDT on 6 October 2020 (Budget time) to 30 June 2022 – For small and medium sized businesses (aggregated turnover < $50 million) this also applies to second-hand depreciating assets. B • Improvements made to eligible depreciating assets from Budget time to 30 June 2022, whether those assets were acquired before or after the 2020 Budget time. IMPACT ON THRESHOLDS TEMPORARY FULL EXPENSING AGGREGATED TURNOVER All businesses (<$5b) ASSET COST THRESHOLD No limit DEDUCTION TYPE ELIGIBLE PERIODS 2020 A Eligible depreciating assets B Improvements made to eligible depreciating assets 2021 FIRST USED OR INSTALLED FOR A TAXABLE PURPOSE ACQUIRED Acquired before or after budget time • Certain assets are not eligible for application of TFE • Limits apply to the deduction available for certain kinds of asset. Presented by: Angela Hucker LEGISLATIVE MEASURE Introduced as part of Treasury Laws Amendment (A Tax Plan for the COVID-19 Economic Recovery) Act 2020. Policy Intent This measure aims to improve cash flow for qualifying businesses that purchase eligible assets and bring forward new investment to support economic recovery. Related measures • Instant asset write-off • Backing business investment – accelerated depreciation. FIRST HELD 6 Oct from 7.30pm 2022 • Small businesses (with aggregated annual turnover of less than $10 million) can deduct the balance of their simplified depreciation pool at the end of the income year while full expensing applies. IMPROVEMENTS MADE 30 Jun 30 Jun IAWO STILL IN EFFECT 60 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 CA 2021-016| SMALL BUSINESS ENTITY TURNOVER THRESHOLD INCREASE SUMMARY Government announced an extension to certain small business concessions (previously available to small business entities with aggregated turnover of $10 million) to those with aggregated turnover < $50 million per annum. Presented by: Angela Hucker IMPACTS Eligible businesses will have access to a range of small business concessions. CONCESSION LEGISLATIVE REFERENCE 2020 INCOME TAX FBT INCOME TAX EXCISE GST Immediate deduction for certain start-up expenses s 40-880(2A) of the ITAA 1997 Immediate deduction for certain prepaid expenditure s 82KZM of the ITAA 1936 FBT exemption for car parking benefits s 59GA of the FBTA 1986 FBT exemption for multiple work-related portable electronic devices s 58X(2)(a) and s 58X(4) of the FBTA 1986 Simplified trading stock rules Subdiv 328-E of the ITAA 1997 Remit PAYG instalments based on GDP-adjusted notional tax s 45-130(1)(d) of Schedule 1 to the TAA 1953 Two-year amendment period Item 2 of the table in s 170(1) of the ITAA 1936 Settle excise duty monthly on eligible goods s 61C of the Excise Act 1901 Settle excise-equivalent customs duty monthly on eligible goods s 69 of the Customs Act 1901 Simplified accounting method determination for GST purposes s 123-5 of the GSTA 1999 Affects around START DATE 2021 20,000 businesses 1 JUL 1 APR 1 JUL 61 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 CA 2021-011| Backing business investment – accelerated depreciation and enhanced Instant Asset Write Off SUMMARY The operation of Backing business investment – accelerated depreciation and enhanced Instant Asset Write-Off has changed for assets first held as of the 2020 budget time with the introduction of Temporary full expensing. Also, as of 2020-21, company, partnership and trust returns will have new labels. Presented by: Sean Bielanowski Moran Yin IMPACTS 1. Availability of BBI and enhanced IAWO for assets first held from 7.30pm 6 October • BBI cannot be used if the business and asset meet temporary full expensing eligibility requirements (businesses cannot choose to not use TFE). • For enhanced IAWO, the same applies. • For assets that do not qualify for temporary full expensing, eligible businesses now have an additional 6 months to have an asset first used or installed ready for use (i.e. until 30 June 2021). • For small business entities, with temporary full expensing, the balance of the pool is written-off in full at the end of an income year until 30 June 2022. 2. Tax return labels: introduction of two labels for BBI & an additional label for IAWO • Turn taxpayers minds to the measures and facilitates understanding of take-up. • Added at the Depreciation labels of Company, Partnership and Trust tax returns. • BBI: one collects 1st year deductions, and the other, subsequent year deductions. • IAWO: total IAWO claim label for those taxpayers who do not use the Simplified depreciation rules (includes some Small business entities as well as larger entities with aggregated turnover less than $500 million). • See change advice, for the label specifics. 62 OFFICIAL External – Services for Tax Practitioners 10 – 11 November 2020 Wrap up