2014 post budget presentation
TRANSCRIPT
www.hanrickcurran.com.au2011-2012 Budget Update 12 May 2011
2014 Pre & Post Update
21 May 2013
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House Keeping Matters
Mobile phones – off / silent
An email will arrive after this session with: Copies of all slides Tax Planning checklist Brief Feedback Survey
We welcome questions during the presentation, presenters will be available afterwards
Thank you for coming, please check if you’re on a Lucky Chair!
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2014 Pre Financial Year End & Post Federal Budget Update
Jamie Towers, Tax Partner
May 2014
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Budget Insights
Budget Summary Individuals Business Charities Recap on changes announced during
2014/14 and previously Tax Planning
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Budget Summary
2012/13 final budget outcome - $1.5 Billion surplus - $18.8 Billion deficit
Mid Year Economic Outlook = $47 Billion deficit for 2013-14
Now Predicted Deficit for 2013/14 year = $49.9 Billion
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Budget Summary 2014/15
Deficit of $29.8 Billion
Large Infrastructure spend
Broken promises on ‘no new taxes’ and various expenditure cuts
Fiscally responsible, but ill-targeted?
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Budget Summary 2014/15
Key Questions for 2014 / 15
Which proposals will pass through Senate and when?
Will the MRRT be repealed?
Is Mr Hockey prepping for an increase in GST next year / next election?
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Individuals
2% Budget Deficit Tax (temporary budget repair levy) – applies to individual’s incomes above $180,000
Medicare levy to increase to 2% (from 1.5%)
Dependent Spouse tax offset and Mature Age Worker tax offset abolished
All apply from 1/7/2014
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Individuals
FBT Rate to increase in line with Levy increases
47% from 1 April 2014(previously 46.5%) 49% from 1 April 2015
Limited window tax arbitrage (1/7/14 – 31 March 15) 2%
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Individuals
Family Tax Benefit (FTB) payments indexation frozen for 2 years
FTB Thresholds frozen for 3 years
Part B income limit reduced to $100,000
Various supplements reduced
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Individuals
HELP (HECS) repayment threshold reduced to $50,638 from 1/7/2016
Indexation abolished – replaced with interest linked to Federal Gov’t 10 year bond rate (capped at 6%)
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Individuals
National Rental Affordability Scheme – 5th round of funding and remaining uncommitted 4th round funding abolished
All previously committed funding will remain
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Individuals
Pension Age to rise to age 70
48 year old in 2014 will need to wait until they are 70 to retire
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Business
Very few changes for business
R & D incentives reduced by 1.5%
Managed Investment trusts scheme deferred
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Business
Superannuation Guarantee – increased to 9.5% from 1/7/14 then frozen until 2018
Rises to 12% by 2022
Government Restart program – incentives for hiring older workers – up to $10,000
Entrepreneurs Infrastructure Program
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Not for Profits & Charities
Changes announced by previous Government will not proceed
Commercial activities of charities will not be taxed
FBT and other concessions will remain
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Previously announced changes
At time of election – 96 announced but unlegislated measures to change the tax system. Some going back to 2001.
14 December – 55 will not proceed, rest will proceed – some with amendments
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Previously announced changes
Self Education Deduction Cap – Will not proceed
FBT Changes to cars – Will not proceed
Tax on pension earnings above $100,000 – Will not proceed
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Previously announced changes
Dividend washing ‘loophole’ closed – ATO believes it is avoidance and treasury have issued draft legislation to stop it
Managed Investment Trusts – (originally a 2009/10 budget measure) – deferred another year
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Previously announced changes
Government’s Minerals Resource Rent Tax (MRRT) repeal bill also proposed to repeal: Small Business $6,500 + $5,000 car
instant write-off Company loss carry back rules
Bill not passed by Senate Proposed to be re-introduced in July after
Senate change
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Pre 30 June Tax Planning
After 30/6/2014 – additional 2.5% in “levies”
Reality – top marginal tax rate = 49% Bring forward expenses to get the tax
benefit now at 46.5% or defer 12 months to get a higher benefit at 49%?
Depends on cost of funding
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Pre 30 June Tax Planning
Assuming tax planning for 2014 Defer invoicing Bring forward expenditure Write-off any bad debts Pay superannuation contributions
pre-30 June
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Pre 30 June Considerations
Trust Distributions – ensure the trustee makes an income resolution and records it on or before 30 June 2014
Division 7A loans – have you charged interest and made the minimum repayment?
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Federal Budget 2014/2015Superannuation Update
By Chris Campbell - Partner
May 2014
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Superannuation Guarantee Superannuation Guarantee (SG) rate- increases to 9.5% from 1 July 2014
Currently an employer must pay 9.25% of an employee’s ordinary time earnings to a superannuation fund
Previous Government legislated to increase SG from 9% to 12% phased in over 7 years:
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Superannuation Guarantee Superannuation Guarantee (SG) rate- increases to 9.5% from 1 July 2014
Currently an employer must pay 9.25% of an employee’s ordinary time earnings to a superannuation fund
Previous Government legislated to increase SG from 9% to 12% phased in over 7 years:
Election promise to freeze SG increasesat 9.25% for next 2 financial years
Senate rejected this proposal, along with Mining Tax abolition Bill in 2013
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Superannuation Guarantee FreezeBudget:
Freeze Superannuation Guarantee (SG) rateat 9.5% from 1 July 2014 to 30 June 2018
SG increases raise employment costs for small business
Many employers already struggling financially
Reasonable decision to freeze SG rate increases until signs of economic recovery
YearSG Rate - % of ordinary time
earnings
2013/2014 9.25%
2014/2015 9.5%
2015/2016 9.5%
2016/2017 9.5%
2017/2018 9.5%
2018/2019 10.0%
2019/2020 10.5%
2020/2021 11.0%
2021/2022 11.5%
2022/2023 12.0%
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Excess non-concessional contributions tax– abolished!
Non-concessional “undeducted” contributions:
Overview:
These are contributions to superannuation from your personal “after tax” savings
Non-concessional contributions (NCC’s) are:
Not taxed on entry or exit in a superannuation fund; &
Investment earnings while in a super fund are taxed at only 15% (or nil for pension funds)… rather than up to 49% if invested in your own name
Rules:
Non-concessional cap of $150,000* per person p.a. - 2013/2014*(increases to $180,000 from 1 July 2014)
“bring forward rule” if under age 65: 3x $150,000 = $450,000 over 3 financial years (3 x $180,000 = $540,000 from 1 July 2014)
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Excess non-concessional contributions tax– abolished!
Prior to Budget:
Excess Contributions Tax (ECT) on any excess over this cap taxed at 46.5%
A very harsh tax penalty imposed on private “after tax savings”
Complex rules, easy to make a mistake e.g:
Excess concessional “deductible” contributions reduced your non-concessional cap available
Some older personal life insurance policies are actuallysuperannuation plans, & premiums are NCC’s
Poor public understanding of the consequences of exceeding your cap
ATO unsympathetic to honest mistakes on assessment of ECT
Reform of ECT on excess concessional “deductible” contributions in 2013 did not extend to non-concessional contributions
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Excess non-concessional contributions tax– abolished!
Budget reforms announced:
Abolish Excess Contributions Tax (ECT) of 46.5% onexcess contributions over NCC cap
Require any NCCs in excess of your cap to be refundedto you from your superannuation fund, tax free;
Tax the earnings that were made on the excess NCCs while in super fund at your personal marginal tax rate:
1. Automatically amend your personal tax assessment to include earnings on excess NCC’s as reported by your superannuation fund
2. Allow a tax credit of 15% where these earnings were taxed in a superannuation fund (no tax credit for tax free pension funds)
3. Shortfall interest is likely to be charged on your amended assessment, back to 1 July of the year of the excess contribution
(this could be up to 2 years depending on when you lodge your personal tax return!)
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Other Superannuation measures
Retired MPs & Superannuation – no pension increases
A proposed 12 month freeze on Parliamentary salarieswill also mean that the pensions of former MPs will be frozen from indexation increases for 12 months.
Military Superannuation
From 1 July 2016:
Establish a funded superannuation scheme for new members of the Australian Defence Forces
Close current Military Superannuation & Benefits Scheme to new members
Military personnel will also have a “choice of fund” for the first time
contributions to private sector superannuation funds; self managed superannuation funds (SMSFs)
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Other Superannuation measures
Seniors Health Care Card eligibility
Current eligibility tests based on “adjusted taxable income”
“adjusted taxable income” is the sum of the following: taxable income foreign income total net investment losses employer-provided benefits, and reportable superannuation contributions
Seniors Card Eligibility Adjusted Taxable Income
Single $50,000
Couple (combined) $80,000
Couple – Illness separated (combined)
$100,000
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Other Superannuation measures
Budget changes:
Seniors Health Care Card eligibility – expanded income test
“adjusted taxable income” to also include:
untaxed superannuation income e.g. tax free superannuation pensions paid to those over age 60
Test similar to deeming rules that apply to superannuation pensions for age pension purposes
Grandfathering of superannuation pensions in place before 1 January 2015
Indexation income limits by CPI
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“The Budget is just the beginning of an ongoing economic repair process”
Future changes to superannuation?
• Risk of future tax changes to superannuation?
• Superannuation tax concessions are seen as an “expense” against income tax the Government would otherwise collect. Are they affordable?
• National Committee of Audit 2014 recommendations:
• Delay access to super benefits by increasing preservation age to 5 years below the Age Pension age:
• age 62 by 2027; then• 65 years by 2053; then• 70 years? ( in line with age pension)
Note: Currently super can be accessed by fully retiring or “transition to retirement” from age 55,
rising to age 60 over 5 years commencing from 1 July 2016
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Superannuation – What didn’t change
Taxation of superannuation funds:
Accumulation Funds: interest & other investment earnings taxed @ 15%
Capital gains taxed at 10%**(15% - 1/3rd discount after 12 months)
Franking credits on dividends refunded (30% company tax – 15% = 15% tax refund)
Pension Funds: Tax free interest & other investment earnings
Tax free capital gains
Tax free dividends & franking credits refunded (30% company tax – nil super earnings tax = 30% tax refund
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Financial Year Age 60 & Over Age 50 to 59 Under age 502013/2014 $35,000 $25,000 $25,0002014/2015 $35,000 $35,000 $30,000
2013/2014If you were at least age 59 on 30 June 2013, your cap is increased for the year ending on 30 June 2014 from $25,000 to $35,000. For all others it is $25,000.
Superannuation – What didn’t change
Concessional Contributions
2014/2015If you will be at least age 49 on 30 June 2014, your cap will be $35,000 for the year ending 30 June 2015.
For all others the concessional cap will increase from $25,000 to $30,000 for 2014/2015.
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Contributions: Personal tax deductible
“concessional”
Personal undeducted “non-concessional”
Employer 9.25% & salary sacrifice “concessional”
Deductible contributions & earnings taxed at 15%
Transition to Retirement Income Stream No need to retire, reduce working hours
(if you want to)
Supplement your personal income with a superannuation pension
Superannuation – What didn’t change
Pension: Age 60+: Tax free
Age 55 to 59: 15% tax rebate **based on individual circumstances
Tax free earnings & capital gains
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Financial Year Age 60 & Over Age 50 to 59 Under age 502013/2014 $35,000 $25,000 $25,000
More than one source of income & super contributions?
Contribution cap is are your personal limit from all sources
Deductible limits do not apply to employers
Up to taxpayer (not employer) to ensure Contribution Cap is not exceeded
Rules for Excess Contributions Tax
Excess concessional contributions included in your personal tax return at your marginal rate of personal income tax (less credit for 15% tax paid in super fund)
Automatic ATO personal assessment (amendment of your tax return)
Choice to pay personally or have 85% released from the fund
Beware! Assessment backdated to 1 July of year excess occurred
Concessional Contributions 2013/2014– Tips & Traps
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Super Contribution Tax Deductions
ATO Tax Ruling TR 2010/1: When is a super contribution considered to have been made?
Cheque? When the cheque is “in the hands of the trustee of the super fund”. Even if
not banked e.g. by 30 June, is still “made” unless cheque is subsequently dishonored (Note: ATO says in TR 2010/1 if cheque dated on or before 30 June in an income year, must be banked within “a few business days”)
Electronic funds transfer?
Only when credited to receiving fund’s bank a/c, NOT when transferred from the contributors account. Beware internet transfers between different banks which may be next “working” day
Concessional Contributions 2013/2014– Tips & Traps
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DisclaimerThis document contains information in summary form and is therefore intended for general guidance only. It is not intended to be a substitute for detailed research or the exercise of professional judgement. It does not purport to be comprehensive or to render professional advice. The reader should not act on the basis of any matter contained in this publication without first obtaining specific professional advice.
We believe that the statements made by us in this document are accurate but no warranty of accuracy or reliability is given. Our conclusions are based on interpretations of accounting standards and other relevant professional pronouncements and legislation current as at the date of this document. Should the interpretations, accounting standards, other relevant professional pronouncements or legislation change, our conclusions may not be valid. We are under no obligation to update the matters considered in this document after its publication.
These notes specifically contain factual information concerning the taxation and compliance implications of certain superannuation matters. The notes are intended as a guide only and may not apply to circumstances of particular individuals. Do not act on the contents of these notes without first obtaining specific advice from a qualified tax or legal professional about your particular circumstances.
Hanrick Curran Group, its associates and the presenter hereby disclaim any responsibility for persons relying in whole or in part on these notes or the information presented at this seminar.
The Corporations Act 2001 deems superannuation funds, self managed superannuation funds (SMSFs) and pensions to be “financial products” and may consider a recommendation to contribute to a fund, increase or decrease contributions, establish or join a SMSF, or to commence a superannuation pension to be financial product advice as defined by that Act. We are not licensed to give such advice. You should consider taking advice from an AFS License holder before making a decision on any financial product.
© Hanrick Curran, June 2014All rights reserved
Thank you
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