The immediate write-off of depreciable assets costing less than $20,000 purchased by small business entities (with an aggregated turnover of less than $10m) was due to expire on 30 June 2018. The concession has been extended for a further 12 months to 30 June 2019. The concession has been in place since 12 May 2015 and has been very popular with small business entities, particularly at this time of year.

In conjunction with this extension, the current “lockout” laws for small business depreciation rules (these prevent small businesses from re-entering the small business depreciation regime for 5 years after they opt out) will also not apply until 30 June 2019. This means that these small businesses can also potentially still access the immediate write-off.

Division 7A UPE rule strengthened

Division 7A is an integrity rule that requires benefits provided by private companies to their associates to be taxed as dividends unless they are made subject to a complying division 7A loan or another exception applies. Since 2009 the ATO has considered that unpaid present entitlements (UPEs) to corporate beneficiaries of a trust (distributions that were made to the company but not paid) may be subject to Division 7A but also subject to special rules.

From 1 July 2019, the Division 7A legislation will be amended to ensure that UPEs come within the scope of Division 7A.

The Government also announced that it would defer the start date of proposed changes to Division 7A announced in the 2016-17 Budget from 1 July 2018 to 1 July 2019.

From 1 July 2019 specific anti-avoidance rules regarding circular trust distributions will be extended to include family trusts.

The measure applies to stop ‘round robin” trust distributions, where a distribution ultimately returns to the original trustee – in a way that avoids tax being paid on that amount. Tax on such a distribution will be imposed at a rate equal to the top personal tax rate plus Medicare.

Large Business and International

Other than a proposal to investigate further initiatives on taxing the digital economy, no significant new tax measures were noted that would have any major impact on most large business or international dealings. Rather, a number of measures have been proposed to tighten existing rules.

Taxing the Digital Economy

The Federal Government continues its focus on taxing the digital economy, although at this stage no new measures have been announced apart from the promise of a consultation paper to be issued on possible taxing models. Possible solutions that would be canvassed include the introduction of a “digital presence” or “virtual permanent establishment” concept, including having interim measures such as a flat percentage tax based on turnover of a digital business in a particular country.

Definition of “Significant Global Entity”

Under the current Significant Global Entity (SGE) rules, entities that are classified as SGE’s have greater tax reporting obligations (e.g. local and country-by-country reporting) and are subject to stricter anti-avoidance provisions compared to other taxpayers. An unintended outcome of the SGE rules was that the definition of “SGE” was too narrow and only caught groups headed by public companies and private corporate groups that were required to prepare consolidated accounts.

As a result, the Federal Budget proposes to expand the definition of an SGE to include members of large multinational groups headed by private companies, trusts, partnerships and investment entities that meet the relevant turnover tests.

The expanded SGE definition is to apply for income years starting on or after 1 July 2018.

Managed Investment Trusts – more information exchange countries to be added

Two measures were announced affecting Managed Investment Trusts (MITs).

The first measure relates to the proposal to expand the list of countries whose residents can benefit from the reduced 15% withholding (instead of 30%) on certain distributions from MITs. The additional countries to be added are those which have entered into agreed information sharing arrangements with Australia in order to protect revenues.

The updated list is to be effective from 1 January 2019.

The second measure is aimed at preventing the 50% capital gains discount being accessed by certain beneficiaries of MITs and Attribution MITs (AMITs) that should not be entitled to such a discount (e.g. non-resident beneficiaries). This is to be achieved by removing the 50% capital gains discount at the trust level. MITs and AMITs deriving capital gains can continue to distribute such gains that can be discounted in the hands of the beneficiary who qualify.

This measure will apply to payments made from 1 July 2019.

Thin Capitalisation

Two thin capitalisation integrity measures were announced in the Federal Budget.

The first relates to the tightening of the thin capitalisation rules which will require entities to align the value of assets adopted for thin capitalisation purposes with the values adopted in the financial statements. Valuations that were made prior to 7.30PM (AEST) on 8 May 2018 may be relied on until the beginning of an entity’s first income year commencing on or after 1 July 2019.

The second thin capitalisation integrity measure is more technical and is aimed to restrict foreign controlled Australian consolidated groups and multiple entry consolidated groups from accessing certain thin capitalisation safe harbour tests aimed at “outward investors” rather than “inward investors”. This measure is intended to apply to income years commencing on or after 1 July 2019.

Commitment to Company Tax Cuts

The Federal Government confirmed its commitment to gradually cut the company tax rate for all companies to 25% by 2026-27 under a phased approach as set out in its Ten Year Enterprise Plan. Smaller entities currently benefit from the 27.5% rate while the phasing in of the lower 27.5% corporate tax rate to other corporate tax entities with aggregated turnover of $50 million or more would start from the 2019-20 income year.

The Government is increasing the alcohol excise refund scheme annual cap to $100,000, up from $30,000. Concessional draught beer excise will also apply to 8 litre or greater kegs. These changes will begin on 1 July 2019. The increased cap should provide additional support to local brewers, and also extends to makers of other fermented beverages and distilleries. The change to keg size will allow smaller brewers to gain access to concessional excise rates, as these brewers generally provide their product in smaller kegs than the current concessional keg size of 48 litres. These changes are expected to assist smaller brewers to compete with the major brewers.

Offshore suppliers of Australian hotel accommodation will need to include such supplies in the calculation of their GST turnover from 1 July 2019. The GST turnover calculation is used to determine if a supplier must charge GST. Currently offshore providers do not have to include supplies of Australian hotel accommodation in their GST turnover. As a result of this measure more offshore suppliers will be required to register for GST and charge it accordingly to customers. This is a response to the increased popularity of online booking services and puts local suppliers of hotel accommodation on an even playing field as offshore providers.

Cars that are taken overseas for refurbishment and re-imported back to Australia will no longer incur luxury car tax from 1 January 2019. The same car, refurbished in Australia, would not incur luxury car tax. This is a fairness measure to ensure there are no additional taxes applied for having the refurbishment done overseas.

R&D Tax Incentive

As expected, and in response to growing concerns pertaining to the R&D Tax Incentive not meeting its policy objectives of generating R&D investments that would not have taken place in the absence of the incentive, the Federal Budget has proposed key legislative changes to the R&D Tax Incentive for income years starting on or after 1 July 2018.

Less than $20 million turnover

For companies with an aggregated annual turnover below $20 million the new refundable R&D offset will be a premium of 13.5 percentage points above a claimant’s company tax rate rather than a fixed rate of 43.5%. This linking will avoid the need for ongoing legislative amendment of tax offset rates as company tax rates change.

Cash refunds from the refundable R&D tax offset will generally be capped at $4 million per annum.

Importantly, R&D expenditure on clinical trials will not count towards the annual $4 million cap. R&D tax offsets that cannot be refunded will be carried forward as non-refundable tax offsets to future income years.

Greater than $20 million turnover

For companies with aggregated annual turnover of $20 million or more, the Budget proposes the introduction of a new R&D premium that links the rates of the non-refundable R&D tax offset to the incremental intensity of R&D expenditure as a proportion of total expenditure for the year. The marginal R&D premium will be the claimant’s company tax rate plus:

• 4 percentage points for R&D expenditure between 0 per cent to 2 per cent R&D intensity;
• 6.5 percentage points for R&D expenditure above 2 per cent to 5 per cent R&D intensity;
• 9 percentage points for R&D expenditure above 5 per cent to 10 per cent R&D intensity; and
• 12.5 percentage points for R&D expenditure above 10 per cent R&D intensity.

An example in the Budget papers is shown below:

“A company with a 30 per cent tax rate that has $120 million of R&D expenditure for the year and $300 million of total expenditure will have an overall R&D intensity of 40 per cent. It claims R&D tax offsets at a rate of 34 per cent for the first $6 million of R&D expenditure, 36.5 per cent for the next $9 million of R&D expenditure, 39 per cent for the next $15 million of R&D expenditure and 42.5 per cent for the final $90 million of its R&D expenditure. It also benefits from the increased $150 million R&D expenditure threshold as it can claim concessional R&D tax offsets for its R&D expenditure that exceeds $100 million, rather than claiming these offsets at the company tax rate.”

Other changes

Another key change is the proposed increase in the R&D expenditure threshold from $100 million to $150 million per annum.

In an effort to improve the overall integrity of the program, the Budget proposes delivering increased resources for the regulators to ramp up enforcement activity and deliver improved program guidance to participants. It is expected that new guidance will be more prescriptive as to eligibility of activities and expenditure and is likely to redefine the parameters of eligible software R&D.

What was not included was a pre-budget proposed 20% non-refundable premium for R&D expenditure incurred on research institutions to encourage greater collaboration nor a lifetime cap on the refundable component of the offset proposed at $40 million.

The re-engineering of the R&D Tax Incentive will prospectively restore program integrity and will not negatively impact the great majority of smaller claimants that are heavily reliant on the program. The proposed changes will however have a massive impact on larger, less R&D intensive companies and their advisers.

As expected, there were significant changes in this year’s Budget to the personal income tax rates. The changes come into effect in three steps over a seven year period commencing from 1 July 2018.

For four financial years, commencing from 2019 through to 2022, the Government will introduce tax relief in the form of a new tax offset (Low and Middle Income Tax Offset) which will deliver a maximum benefit of $530 per year to taxpayers earning between $48,001 and $90,000. Other taxpayers will receive a partial offset as follows:

From 1 July 2022, the benefits of this offset will become permanent with the changes to the threshold for the 19% tax bracket (discussed below) and the increase of the Low Income Tax Offset (LITO) from $445 to $645.

Step 2 – Protecting against bracket creep

To address bracket creep, the Government has built on the previous increase to the top threshold of the 32.5% tax bracket increasing this again from $87,000 to $90,000 from 1 July 2018. From 1 July 2022, the 32.5% tax bracket is again adjusted to increase the lower threshold from $37,001 to $41,001 (which extends the 19% tax bracket) and the top threshold from $90,000 to $120,000.

Step 3 – Making personal income taxes simpler and flatter

From 1 July 2024, the top threshold for the 32.5% tax bracket will be increased to $200,000 which effectively eliminates the 37% tax bracket and increases the threshold for the application of the top marginal rate to $200,000 from $180,000.
The changes to the income tax brackets are set out in the table below:

The initial change to the 32.5% bracket in the 2019 financial year is worth $135 to taxpayers earning $90,000 or more (a taxpayer earning $90,000 in the 2019 financial year would also receive the new Low and Middle Income Tax Offset of $530). The other changes to the brackets which result in more significant savings are not due for another 5 and 7 years.

The proposed 0.5% increase to the Medicare Levy announced in last year’s Budget (due to take effect from 1 July 2019) will no longer proceed. The consequential changes to other tax rates that are associated with the top marginal tax rate, such as the Fringe Benefits Tax rate, will also not proceed. The Medicare Levy will remain at 2%.

Relief from the Medicare Levy will continue to be offered to low income earners with the 2018 thresholds being increased as follows:

Minors who receive income from testamentary trusts are taxed at normal adult rates, as opposed to the higher tax rates that usually apply to minors.

From 1 July 2019, the concessional tax rates will only apply to income derived from the assets that were transferred from the deceased estate or the proceeds from the disposal or investment of those assets. This measure is designed to stop people injecting other investments (not related to the deceased estate in any way) into the testamentary trust and obtaining the concessional tax rates when distributing to minors.

Currently, high profile individuals (such as sportspeople and actors) can licence their fame or image to another entity, such as a company or trust. This enables income derived from the use of their image or fame to be paid to the other entity and taxed at a lower tax rate.

From 1 July 2019, all remuneration (cash and non-cash payments) received for the use of the person’s fame or image will be included in the assessable income of the individual.

The Government will provide the ATO with additional funding to increase compliance activities which target individual taxpayers.

After the sweeping changes to superannuation in the 2016 budget, superannuants will welcome a budget that leaves the space relatively untouched.

The Government announced a ‘Protecting Your Super’ package with a number of changes targeting those under 25 and those with low superannuation balances. The ATO will proactively find lost super and have it sent automatically to a member’s active superannuation account. This is expected to push $6 billion in super back into three million active superannuation accounts. The measures also ban exit fees on superannuation accounts, limit fees on low balance accounts and stop superannuation funds forcing people under 25 to pay for life insurance policies, instead allowing them to choose to opt in.

Also affecting large superannuation funds, the Government is introducing a ‘retirement income covenant’, requiring super funds to help members achieve retirement income objectives. Trustees must offer a Comprehensive Income Product for Retirement (CIPR) that provides income for life, no matter how long they live. This will be a major boost to providers of products like lifetime annuities.

In other positive news, the Government will introduce an exemption from the work test for voluntary contributions to superannuation for people aged 65-74 with superannuation balances below $300,000 in the first year that they do not meet the work test requirements. This will apply from 1 July 2019.

In another administrative measure, the Government will allow individuals with high incomes and multiple employers to nominate that their wages from certain employers are not subject to the superannuation guarantee (SG) from 1 July 2018. The measure will allow eligible individuals to avoid unintentionally breaching the $25,000 annual concessional contributions cap.

Self-Managed Superannuation Funds (SMSFs)

As expected, the Budget confirms the maximum number of members allowed in an SMSF will rise from four to six from 1 July 2019 to give more flexibility for larger families.

In a surprising move, the Government will change the annual audit requirement to a three-yearly requirement for SMSFs with a history of good record-keeping and compliance. This measure will reduce red tape for SMSF trustees that have a history of three consecutive years of clear audit reports and that have lodged the fund’s annual returns in a timely manner. This measure will start on 1 July 2019, pending consultation with industry stakeholders.

Government Funded Pensions

In a small but welcome change, the Government is planning to increase the pension work bonus to allow age pensioners to earn an additional $25 a week without reducing their pension.

The pension loan scheme is also being expanded, which allows pensioners to use their homes as equity to boost their retirement incomes – a kind of reverse mortgage scheme. The new arrangement will give all retirees of age pension age (not only part-rate pensioners as in the current scheme) access to this home equity release to supplement income in retirement. Full-rate pensioners can draw an income of up to $11,799 for singles and $17,787 by unlocking equity in their home.

Stronger enforcement on tax and super debts

The Government will fund strategies to target the quantum and timeliness of debt collections. This is aimed at those taxpayers who are gaining an unfair financial advantage over those who pay their debts on time. Anecdotal evidence is that the ATO is haphazard in their approach to debt collections and who they target for collection. It is hoped these strategies will address this issue.

Reforms against illegal phoenix activities

The Government will implement a package of reforms to “deter and disrupt” phoenix activity. Phoenix activity generally leaves large debts owed to creditors, employees and the Government. There will be offences introduced for those who assist or facilitate phoenix activity. Measures will also be introduced to limit a director’s ability to resign from a company in certain circumstances. The Director Penalty Regime will also be extended to cover more of the company’s liabilities.

Increased funding for combatting the black economy

The Government will implement strategies to combat the black economy. The ATO will now increase its audit presence, create mobile strike teams and launch a Black Economy Hotline for the public to report such activity. This follows from the Black Economy Task Force that was extended by a year in the 2017 Budget. The purpose of this activity is to move from an educational phase and into an enforcement phase for the black economy.

Taxable Payments Reporting extended to more industries

As another measure to combat the black economy, the Government will require security providers, road freight transport and computer design industries to report annually on payments to contractors from 1 July 2019. This system of reporting is already in use by the building and construction industry, and applies to the courier and cleaning industries from 1 July 2018. The system has the dual purpose of ensuring businesses collect the ABNs of all contractors, and the reporting allows the ATO to data match payments to the contractor’s income tax return.

Cash payment limits and non-deductible non-compliant payments

Two other strategies to combat the black economy were announced.

The Government will introduce a limit of $10,000 for cash payments for goods and services from 1 July 2019. This will not apply to transactions with financial institutions or consumer to consumer non-business transactions. This measure is intended to reduce undocumented cash payments used to avoid tax or money laundering from criminal activity.

From 1 July 2019, Businesses will no longer be able to claim a tax deduction for non-compliant payments (e.g. where PAYG amounts are not withheld from payments to employees or payments to contractors that do not provide an ABN).

No deductions for holding vacant land

The Government will deny deductions, such as interest and rates, while holding vacant land from 1 July 2019. The denied deductions will not be carried forward for future years, but can be added to the cost base of the land if they qualify as a cost base element under the CGT rules. This is a measure aimed to increase the integrity of deductions for vacant land and subsequently increase land supply for developments. Importantly it will not apply to genuine businesses where land is being held for commercial development.