June 2011 Newsletter Special Edition for 2010/2011 Financial Year 2011 TAX PLANING STRATEGIES ▪ The end of the 2010/2011 financial year is almost there, so now’s the time to review what strategies you can use to minimise your tax. 2. Deferral of Income Tax Strategies for Business Owners As a business owner, you may be able to take advantage of the following tax planning strategies: Active asset roll-over (minimum 2 year deferral) If cash flow and business reality allows, defer the derivation or receipt of income until the next financial year. If on a cash basis, consider trying to defer the receipt of cash. For taxpayers on a non-cash basis, this will mean not issuing invoices until after 30 June where possible. 1. Small Business Rules Small Business Entities (Aggregated turnover less than $2 Million) can access concessional rules which make calculating tax simpler. In addition to the small business CGT rules (below), small business entities can choose simpler depreciation rules (including an immediate write-off of assets costing under $1,000) and trading stock rules, can deduct prepaid expenses immediately and have simpler GST and FBT rules. In addition, if you have made a capital gain in relation to an asset used in your small business, various CGT concessions may be available. They are available for small business entities and business taxpayers with net assets of <$6M. If available, the taxpayer may be able to access: ▪ 15 year exemption (no tax payable) ▪ 50% active asset discount ▪ Retirement exemption (up to $500,000 tax free) 3. Bring Forward Expenses Purchase consumable items BEFORE 30 June 2011. These include stationery, printing, office and computer supplies. 4. Prepayment of expenses For Small Business Entities (SBE’s): Can claim a full tax deduction in the year of payment where the expense covers a period of no more than 12 months. Accordingly, "Small Business" entities can make prepayments (up to 12 months) on expenses BEFORE 30 June 2011 and obtain a full tax deduction in the 2011 financial year. Subject to cash flow requireme nts, the most common expenses that an SBE taxpayer should consider prepaying by 30 June 2011 include lease payments, interest, rent, business travel, insurances, business subscriptions, etc. For Non SBE. This is where business annual turnover is more than $2 million. Can claim a tax deduction for the prepayment relating to the period up to 30 June 2011; or Directors’ Fees. Where a company is definitively committed to the payment of a director’s fee as at 30 June 2011 (i.e. the appropriate resolution to approve the payment has been passed), it can be claimed as a tax deduction. The director is not required to include the fees in their taxation return until the 2011 year when the amount is actually received. Repairs and Maintenance. A deduction can be claimed for repairs undertaken and billed by 30 June 2011 but not paid until the next income year. Businesses can also claim back the GST paid on debts that have been written off as bad, or where not written off as bad, the debt has been outstanding for 12 months or more. Business taxpayers (both non SBE’s and SBE’s) which are not on the cash basis, are entitled to a deduction for expenses incurred as at 30 June 2011, even if they have not yet been paid. The following expenses may be accrued: Review your Trade Debtors listing prior to 30 June 2011 to identify and write off any bad debts BEFORE 30 June 2011. Prepare a minute of a Director’s meeting, listing each Bad Debt as evidence that these amounts were actually written off before year-end. 5. Accrued expenditure Salary or wages and bonuses. The accrued expense for the days that employees have worked but have not been paid as at 30 June 2011. Staff bonuses must be quantified and documented prior to year end to enable a deduction to be claimed. Interest. Any accrued interest outstanding on a business loan that has not been paid as at 30 June 2011. 6. Write-off Bad Debts In addition, can claim a full tax deduction for a prepayment where it is under $1,000 and it covers a period post 30 June 2011. 7. Superannuation Payments At law, employee’s superannuation entitlements must be paid to the superannuation fund by the 28th day of the month following each quarter to avoid Superannuation Guarantee Charge (SGC) implications including penalties and loss of deductions. Note that it is not sufficient to simply post a cheque on the 28th so allow time for postage and processing by the receiving fund. However, if you want the tax deduction in your business this financial year, contributions must be physically paid to and received by the superannuation fund by 30 June 2011. We recommend that you send contributions cheques to large funds at least a week before 30 June. If they are not received, processed and banked by the large fund by 30 June, they may not be deductible to your business in this financial year. 2 9. Timing of purchasing your next work vehicle The maximum concessional (tax deductible) contribution for individuals is $25,000, or $50,000 for people aged 50 or more at 30 June. This is a per person cap, not a per employer cap. You must consider all contributions by all employers and to all funds in this single cap amount, including the 9% SGC; e.g. consider any 9% SGC on yearend bonuses that may be paid between now and 30 June 2011 that may cause you to exceed your concessional cap. As announced in the budget, small businesses can claim an immediate $5,000 tax write-off for vehicles bought from July 2012. There is the possibility that this may convince some businesses to postpone buying their next utility or car. Review any salary sacrifice arrangements you may have in place. If the amount to be sacrificed to superannuation between now and 30 June 2011 when added to 9% SGC exceeds your concessional cap, you may be able to amend your salary sacrifice arrangement in June. Employers can claim tax deductions for contributions above these amounts. However, this may result in tax of up to 93% to the individual fund member. 10. Year End Stock Take / Work in Progress Contact us if you are unsure of your contribution caps or what counts towards your limit. If applicable, you need to prepare a detailed Stock Take and/or Work in Progress listing as at 30 June 2010. 8. Private Company Loans 11. PAYG Instalments Business owners who have borrowed funds from their company must ensure that the appropriate principal and interest repayments are made by 30 June 2011. PAYG instalment obligations should be reviewed and consideration given to varying the instalment for the June 2011 quarter where the estimate of business income tax payable for the year is less than the instalments raised by the ATO. Where the loans do not comply with the strict ATO rules (including having a loan agreement), the entire amounts may be deemed to be an unfranked dividend paid to the relevant shareholders under Division 7A of the Tax Act and taxed at marginal rates. 3 the 2012 year to take advantage of the arbitrage in tax rates. Tax Strategies for Individuals and Families 1. Superannuation Contributions Individuals may be able to make taxdeductible personal contributions to superannuation to reduce their taxable income. In addition to the above business planning ideas, further ideas may be available for individuals and families with business or non business income The advantage of this strategy is that superannuation contributions are taxed at 15% compared to personal income tax rates of between 31.5% and 46.5%. Personal resident tax rates 2010/2011 and 2011/2012 Taxable Income $ p.a Nil to 6000 6001 - 37 000 37 001 - 80 000 Tax Payable$ Nil Superannuation contributions are limited to $25,000 per year for a person under age 50, and $50,000 for a person aged 50 and over. Any contributions in excess of these limits can be potentially taxed at a rate of 93% (or even higher if a TFN is not quoted on a member’s superannuation account). Nil + 15% excess over $6,000 $4,650 + 30% excess over 37,000 80 001 -180 000 $17,550 + 37% excess over 80,000 180 001 plus $54,550 + 45% excess over 180,000 ‘Flood’ Levy While there are no tax rate changes planned for the 2011/12 financial year, a one-year only ‘flood levy’ has been introduced from 01/07/2011. To be eligible to claim a personal superannuation contribution as a tax deduction, you need to satisfy the 10% test, meaning that the amount you earn as an employee must be less than 10% of your For those taxpayers who were not able to obtain any Government assistance in relation to Australia’s natural disasters and with income above $50,000, an additional ‘levy’ is applied to taxable income as follows: Taxable Income $ $0 - $50,000 $50,000 - $100,000 $100,000 + Levy Payable$ Nil nil + 0.5% excess over 50,000 250 + 1% excess over 100,000 combined assessable income and reportable fringe benefits for the year. With this flood levy payable, taxpayers may wish to consider bringing income forward to the 2011 year, or deferring expenses until 2. Split Income within Your Family Often, this tax-cutting strategy typically involves holding non-super investments either jointly with a lower-earning spouse or in the name of that spouse. Another popular method is for a discretionary trust to direct investment income and capital to lower-earning family members. 4 Significantly for income-splitting strategies, times over by the tax savings in the first year of property ownership. We can arrange an expert Quantity Surveyor to prepare this report for you. the Federal budget announced that children under 18 will no longer be eligible from July 2011 for the low income tax offset on their so-called unearned income (such as dividends, interest and rent). This means that unearned income paid to children – perhaps through family trusts – will be 4. Sacrifice Your Salary to Super subject to the full penalty rates applying to minors. Where your marginal tax rate is more than 15%, salary sacrifice can be a great way to boost your superannuation and pay less tax. By putting pre-tax salary into super rather than having it taxed as normal income at your marginal rate you may save tax. A valid salary sacrifice arrangement must be entered into with your employer prior to 30 June 2011. Under existing law, the offset enables children to receive the first $3,333 in unearned income without paying tax. But from July, children can receive only $416 without paying tax. Therefore, a family trust still has time this financial year to make a distribution to 5. Prepaid Interest Expenses minors who are likely to receive the low Tax-effective schemes are getting thinner on the ground each year. However, the lure of a potential up –front tax deduction associated with an investment is still very much alive. income tax offset. If you have borrowed to invest using a margin loan or home equity loan, you may be able to claim a tax deduction for the interest payments. In most cases this deduction applies during the financial year you make the interest payment, even if you are paying now for interest that is due next financial year. The rules allow you claim an immediate tax deduction where up to 12 months of future interest is paid in advance. 3. Property Depreciation This prepayment strategy can work particularly well if you have a usually high taxable income in this financial year. Report Where you own an investment property, a Property Depreciation Report (prepared by a Quantity Surveyor) will allow you to claim depreciation and capital allowances on capital items within the property. The cost of this report is generally recouped several 5 6. Non-Commercial Losses ▪ Losses of a business carried on by an individual or partnership may be required to be quarantined until future years against income of that or of a similar / related business. The exceptions are: ▪ ▪ ▪ ▪ ▪ ▪ Your contribution must be paid to a superannuation fund before 30 Jun 2011. You must be under age 71 on 30 June 2011 8. Miscellaneous Rebates Consider whether you may be able to access various rebates such as the Education Tax Offset (for providing education supplies & equipment for children); Medical Expenses Rebate (for total medical expenses above $2,000 pa) etc. If there is assessable income from the business of >$20,000 Profit in 3 out of the last 5 years Real property of $500,000 or more is used in the business; Other assets of $100,000 or more are used in the business; Commissioner’s discretion is exercised in relation to that business. In addition to the above, taxpayers with adjusted taxable incomes above $250,000 have additional loss quarantining rules even where the above conditions are satisfied. Contact our office TODAY by replying to this e-mail or by telephone on (02) 8908 4688 before the 30 June deadline for assistance to legally minimise your tax! 7. Superannuation Co-Contribution Where eligible persons make a nondeductible contribution to a superannuation fund, the Government will make a matching co-contribution to your fund of up to a maximum of $1,000. To qualify for the Co-contribution: ▪ 10 % or more of your total income must be from either employment or carrying on a business; (retired or non-working persons are not eligible) ▪ You receive a full matching contribution where your total income* is less than $31,921. ▪ You can receive a partial co-contribution where your total income* is no more than $61,920 We look forward to meeting with you soon! 6