Category: Featured Articles

Victorian Business Survival and Adaption Package

In response to the state’s extended lockdown, the Victorian government on the weekend announced a $3 billion Business Survival and Adaption Package for businesses impacted by the COVID-19 restrictions. The package is a mix of cash grants, tax relief, and cash-flow support featuring three components. 

  1. Business Support 
  • Small and medium sized business ($822 million): The third round of the Business Support Fund will provide up to $20,000 for business with a payroll of up to $10 million. Grant applications open on Friday 18 September 2020. 
  • Licensed Hospitality Business ($251 million): Grants of up to $30,000 for licensed pubs, clubs, hotels, bars, restaurants and reception centres, based on their venue capacity and location. 
  • Business Chambers and Trader Groups ($3 million): A competitive grants program to support metropolitan and regional business chambers and trader groups. 
  • Alpine businesses ($4.3 million): Grants of up to $20,000 to help alpine businesses pay a service charge to Alpine Resort Management Boards. 
  • Sole Trader Support Fund ($100 million): Grants of up to $3,000 to over 30,000 eligible sole traders who operate from a commercial premises or location to which the sole operator is the tenant or licensee. 
  1. Business Adaption 
  • $20 million voucher program to assist sole traders and small businesses in building their digital capability 
  • $15.7 million package to help Victorian exporters get their products to market and establish new trade channels. 
  • $8.5 million expansion to the ‘Click for Vic’ campaign to encourage more Victorians to support local businesses. 
  • $87.5 million Outdoor Eating and Entertainment Package to support hospitality businesses prepare for COVID Normal reopening across Victoria. 
  • $100 million Melbourne City Recovery Fund between the Victorian Government and the City of Melbourne to support Melbourne on the roadmap for reopening to COVID Normal in the lead up to Christmas and during summer. 
  1. Waivers and Deferrals 
  • $1.7 billion to defer payroll tax for businesses with payrolls up to $10 million for the full 2020-21 financial year 
  • $41 million to bring forward the 50% stamp duty discount for commercial and industrial property for all of Regional Victoria 
  • $33 million to defer the planned increase in the landfill levy for six months 
  • $30 million to waive 25% of the Congestion Levy this year, with the outstanding balance deferred. 
  • $27 million in liquor license fee waivers for 2021 
  • $6 million to waive Vacant Residential Land Tax for vacancies in 2020. 


JobKeeper Extension – Almost Here!

With the JobKeeper extension commencing in two weeks, we provide the latest publically available information –  

Extension from 28 September 2020 

The original JobKeeper scheme finishes on 27 September 2020. 

In good news for employers, the Government then announced that the scheme will be extended from 28 September 2020 until 28 March 2021. 

There are two separate extension periods. For each extension period, an additional actual fall in turnover test applies and the rate of the JobKeeper payment is different. 

Alternative tests for determining turnover and payment rates may be available in some circumstances but at the time of writing are yet to be published. We will notify you of these as they come to hand. 

Extension 1 

This extension period runs from 28 September 2020 to 3 January 2021. 

You will need to demonstrate that your actual GST turnover has fallen by the following percentages= in the September 2020 quarter (July, August, September) relative to a comparable period (generally the corresponding quarter in 2019) 

  • 30% fall in turnover (for an aggregated turnover of $1 billion or less) 
  • 50% fall in turnover (for an aggregated turnover of more than $1 billion), or 
  • 15% fall in turnover (for ACNC-registered charities other than universities and schools). 

The payment rates of the JobKeeper Payment in this extension period are:  

  • Tier 1: $1,200 per fortnight (before tax) 
  • Tier 2: $750 per fortnight (before tax). 

Rates of Payment 

The rate of the JobKeeper Payment will depend on the number of hours an eligible employee works or on the other hand the number of hours an eligible business participant is actively engaged in the business. 

It will be split into two rates as follows: 

 

TIER 1 RATE

 

TIER 2 RATE

 

This applies to

  • eligible employees who worked for 80 hours or more in the four weeks of pay periods before either 1 March 2020 or 1 July 2020, and
  • eligible business participants who were actively engaged in the business for 80 hours or more in February and provide a declaration to that effect.

 

 

This rate is expected to apply to any other eligible employees and eligible business participants.

 

 

Employers and businesses will need to nominate the rate they are claiming for each eligible employee and/or eligible business participant.  

Extension 2 

This extension period will run from 4 January 2021 to 28 March 2021. 

You will need to demonstrate that your actual GST turnover has fallen in the December 2020 quarter (October, November, December) relative to a comparable period (generally the corresponding quarter in 2019). 

You can be eligible for JobKeeper Extension 2 even if you were not eligible for JobKeeper Extension 1.  

The rates of the JobKeeper Payment in this extension period are: 

  • Tier 1: $1,000 per fortnight (before tax) 
  • Tier 2: $650 per fortnight (before tax). 


What Employers Need to do 

From 28 September 2020, employers must do all of the following: 

  • work out if the Tier 1 or Tier 2 rate applies to each of your eligible employees and/or eligible business participants and/or eligible religious practitioners 
  • notify the Commissioner and your eligible employees and/or eligible business participants and/or eligible religious practitioners what payment rate applies to them; and 
  • during JobKeeper Extension 1, ensure your eligible employees are paid at least
    • $1,200 per fortnight for Tier 1 employees  
    • $750 per fortnight for Tier 2 employees 
  • during JobKeeper Extension 2, ensure your eligible employees are paid at least 
    • $1,000 per fortnight for Tier 1 employees 
    • $650 per fortnight for Tier 2 employees. 

 

For your eligible religious practitioners, you must provide certain benefits to them in the fortnight. 

If you are registered for GST and have outstanding BAS statements, you should lodge your BAS for the September 2019 and December 2019 quarters as soon as possible (or for equivalent months, if you report monthly). 

Fall In Turnover 

To claim for fortnights in the JobKeeper Extension 1, you need to determine if you satisfy the actual fall in turnover test for the September 2020 quarter, you must calculate your GST turnover for the quarter of September 2019 and September 2020. 

For many businesses registered for GST, this calculation will match the ‘total sales’ reported at G1 on your BAS minus GST payable (1A), where applicable. 

You can provide additional turnover information to demonstrate that you satisfy the actual fall in turnover test for the September quarter from the start of October onwards. You must provide it before you complete your November monthly declaration. 

What Doesn’t Change? 

To claim for fortnights in the JobKeeper Extension 1 or 2: 

  • You don’t need to re-enrol for the JobKeeper extension if you are already enrolled for JobKeeper for fortnights before 28 September. 
  • You don’t need to reassess employee eligibility or ask employees to agree to be nominated by you as their eligible employer if you are already claiming for them before 28 September. 
  • You don’t need to meet any further requirements if you are claiming for an eligible business participant, other than those that applied from the start of JobKeeper relating to:
    • holding an ABN, and 
    • declaring assessable income and supplies. 

 

JobKeeper 2.0 – Passes Parliament!

The JobKeeper 2.0 legislation has just passed both houses of Parliament, and is now law (subject to the formality of Royal Assent). This legislation enables the Treasurer to draft a legislative instrument setting out the key changes to the scheme as follows: 

Employer Eligibility 

From 28 September 2020, businesses and not-for-profits seeking to claim JobKeeper will be required to re-assess their eligibility for the JobKeeper extension with reference to their actual turnover in the September quarter 2020 (rather than the June and September quarters). Businesses and not-for-profits will need to demonstrate that they have met the relevant decline in turnover test in this quarter to be eligible for JobKeeper from 28 September 2020 to 3 January 2021. 


Businesses and not-for-profits will need to further reassess their eligibility in January 2021 for the period from 4 January to 28 March 2021. Businesses and not-for-profits will need to demonstrate that they have met the relevant decline in turnover test in the December quarter 2020 (rather than each of the June, September and December quarters) to remain eligible for the period to 28 March 2021 (the March quarter). 

Payment Rates 

The payment rates have been pared back and will now depend upon the hours worked by an employee. 

From 28 September 2020 to 3 January 2021, the JobKeeper Payment rates will be: 

  • $1,200 per fortnight for all eligible employees who were working in the business or not for-profit for 20 hours or more a week on average in the four weeks of pay periods before either 1 March 2020 or 1 July 2020, and for eligible business participants who were actively engaged in the business for 20 hours or more per week on average; and 
  • $750 per fortnight for other eligible employees and business participants. 

From 4 January 2021 to 28 March 2021, the JobKeeper Payment rates will be: 

  • $1,000 per fortnight for all eligible employees who were working in the business or not for-profit for 20 hours or more a week on average in the four weeks of pay periods before either 1 March 2020 or 1 July 2020, and for business participants who were actively engaged in the business for 20 hours or more per week on average; and 
• $650 per fortnight for other eligible employees and business participants 

Employee Eligibilty 

  • Employees that meet the eligibility requirements can now be nominated by a new employer if their original employment with a JobKeeper employer ended before 1 July 2020 
  • As of 3 August 2020, the key date for assessing employee eligibility is now 1 July 2020 (not 1 March 2020) 
  • For the fortnights commencing on 3 and 17 August 2020, employers had until 31 August 2020 to meet the wage condition for newly-eligible employees under the revamped 1 July eligibility test. 

JobKeeper Changes – Employment Start Date and Amendment to Turnover Test

On 7 August, the government announced two further changes to the JobKeeper program. Firstly, employees hired as at 1 July 2020 may also be eligible to receive JobKeeper. Secondly, employer turnover eligibility for the revised JobKeeper scheme to commence on 28 September 2020 will be based on a single quarter tax period (rather than multiple quarters as previously announced). 

  1. Employee Change 

Before this change, an eligible employee had to, among other things, be employed as at 1 March 2020 to qualify for JobKeeper. Additionally, where they were a casual at that date, they had to have been employed on a regular and systematic basis for longer than 12 months as at 1 March 2020. 

The 7 August 2020 announcement changes that reference point to 1 July 2020, with effect to all JobKeeper fortnights commencing on or after 3 August 2020 – which means it impacts the last four fortnights of the original JobKeeper scheme. 

Noting that the “one-in, all-in” principle still applies to the 1 July changes, employers should consider which employees are now eligible to bring into the JobKeeper scheme, including: 

  • full-time or part-time employees employed after 1 March 2020 but on or before 1 July 2020; 
  • employees who may have joined the business after 1 March 2020 but are currently stood down 
  • casual employees employed at 1 July 2020 who commenced their casual employment before 1 July 2019. 
  • employees who may not have met the age condition as at 1 March 2020, but do as at 1 July 2020 
  • employees who may not have met the residency condition as at 1 March 2020, but do as at 1 July 2020 
  1. Employer Turnover Change 

From 28 September 2020, businesses and not-for-profits seeking to claim JobKeeper will be required to re-assess their eligibility for the JobKeeper extension with reference to their actual turnover in the September quarter 2020 (rather than the June and September quarters). Businesses and not-for-profits will need to demonstrate that they have met the relevant decline in turnover test in this quarter to be eligible for JobKeeper from 28 September 2020 to 3 January 2021. 

Businesses and not-for-profits will need to further reassess their eligibility in January 2021 for the period from 4 January to 28 March 2021. Businesses and not-for-profits will need to demonstrate that they have met the relevant decline in turnover test in the December quarter 2020 (rather than each of the June, September and December quarters) to remain eligible for the period to 28 March 2021 (the March quarter). 

Further Consequent Change 

This amendment, announced on Friday 14 August, accommodates the employee eligibility change on 7 August (above). 

With the key date for assessing which employees are eligible for JobKeeper now 1 July 2020, rather than 1 March 2020, the ATO states that employers should start paying new eligible employees a minimum of $1,500 per fortnight from  JobKeeper fortnight 10, which commenced on 3 August. To accommodate what may be a cashflow issue brought about by this change, for the fortnights commencing on 3 August 2020 and 17 August 2020, the ATO is allowing employers until 31 August 2020 to meet this wage condition for all new eligible employees included in the JobKeeper scheme under the new 1 July eligibility test. 

 

Key Dates for September & October 2020

Many key dates are looming for business including those relating to Activity Statements, GST, Superannuation, Income Tax Returns, and more…   

SEPTEMBER 2020 
21 September – August monthly Activity Statements – due for lodgement and payment 
30 September – Annual TFN Withholding Report for closely-held Trusts where a Trustee has been required to withhold amounts from payments to beneficiaries during 2019/2020 – due date for lodgement 

OCTOBER 2020 
21 October – September monthly Activity Statements – due for lodgement and payment 
28 October – Final date for eligible quarterly GST reporters to elect to report GST annually 
28 October – Due date for Superannuation Guarantee contributions for July-September to be made to employee funds 
31 October – PAYG Withholding Where ABN Not Quoted – Annual Report – due date for lodgement. These amounts are also reported at W4 on your Activity Statement 
31 October – Due date for 2019/2020 individual tax returns (unless you are lodging via a Tax Agent and are on their lodgment list by this date) 

Where the due date falls on a weekend or public holiday, it is deferred until the next business day (except in the case of Superannuation Guarantee deadlines). 

QUT Business School – MyTaxSaver Prize Awarded

Congratulations to Michael & Lucy! Our award recipients in Taxation Law, well done on your outstanding achievements. 

MyTaxSavers Prize 

Awarded to the Bachelor of Business (Accountancy) student with the best overall performance in the unit AYB219 Taxation Law. 

Recipient/s 

Lucille Tynan 

MyTaxSavers Prize 

Awarded to the Bachelor of Business (Accountancy) student with the best overall performance in the unit AYB219 Taxation Law. 

Recipient/s 

Michael Gurney 

https://www.qut.edu.au/business/about/news/news?news-id=167108

Prizes and Scholarships PDF_Final

JobKeeper Key Dates

Key dates  

31 August 2020 – wage condition for new employees 

For the fortnights commencing on 3 August 2020 and 17 August 2020, we are allowing employers until 31 August 2020 to meet the wage condition for all new eligible employees included in the Jobkeeper scheme under the 1 July eligibility test. 

31 August 2020 – enrolments close for August fortnights 

To claim JobKeeper payments for the August JobKeeper fortnights, including for new eligible employees included in the Jobkeeper scheme under the 1 July eligibility test, you must enrol for JobKeeper by 31 August. 

21 July 2020 – extension of the JobKeeper Payment program 

The government has announced proposed changes to the JobKeeper Payment program including: 

  • an extension of the program to 28 March 2021 
  • turnover tests to determine eligibility 
  • tiered payments for eligible staff   
    • from 28 September to 3 January 2021 and 
    • from 4 January to 28 March 2021. 

These proposed changes will not impact JobKeeper Payments until after 28 September 2020. 

For more information, visit the Treasury website and read JobKeeper extensionExternal Link

20 July 2020 – changes for child care providers 

The rule changes relating to JobKeeper payments for child care providers have now been confirmed. 

Eligibility for JobKeeper payments will stop from 20 July for: 

  • employees of an approved provider of child care services where the employee’s ordinary duties are that they are principally engaged in the operation of the child care centre 
  • eligible business participants where the business entity is an approved provider of a child care service. 

Childcare providers need to make sure that they do not claim JobKeeper for employees and eligible business participants who are no longer eligible. You will not be reimbursed for payments made after JobKeeper Fortnight 8 (6 July to 19 July). 

There are some steps you will need to take to stop receiving JobKeeper payments for your ineligible employees and business participants. More information is available in the ATO JobKeeper guides

Full ATO article here https://www.ato.gov.au/General/JobKeeper-Payment/JobKeeper-key-dates/

Key Dates for July & August 2020

Key Dates for Business 

July 2020 
01 July – First day of the 2020/2021 financial year 
21 July – Monthly Activity Statements (June 2020) due for lodgement and payment 
28 July – Quarterly Activity Statements (April-June) due for lodgement and payment (if lodging by paper) 
28 July – Superannuation Guarantee Contributions (April-June) due for payment to superannuation funds or Clearing Houses 

August 2020 
11 August – Quartelry Activity Statments (April-June) due for lodgement and payment (if lodging electronically) 
21 August – Monthly Activity Statemnts (July 2020) due for lodgement and payment 
21 August – Final day for eligible monthly GST reporters to elect to report annually 
28 August – 2020/2021 Contractor Taxable Payments Annual Reports – due for lodgement

Where one of these dates falls on a weekend or a public holiday, the due date is extended to the next business day.

The Extension and Modification of JobKeeper

Today, the Prime Minister announced the extension and watering down of the wage subsidy, JobKeeper  

Points to note: 

  • Existing JobKeeper continues up until 27 September 2020 
  • From the next day, a new, modified JobKeeper scheme applies until 28 March 2021 
  • Under the new scheme, employers must reassess their eligibility with reference to actual turnover in the June and September quarters (2020) compared to the same period in 2019. That is: 

 

    • from 28 September 2020, businesses and not-for-profits will be required to reassess their eligibility with reference to their actual GST turnover in the June and September quarters 2020.  They will need to demonstrate that they have met the relevant decline in turnover test in both of those quarters to be eligible for the JobKeeper Payment from 28 September 2020 to 3 January 2021. 
    • from 4 January 2021, businesses and not-for-profits will need to further reassess their turnover to be eligible for the JobKeeper Payment. They will need to demonstrate that they have met the relevant decline in turnover test with reference to their actual GST turnover in each of the June, September and December quarters 2020 to remain eligible for the JobKeeper Payment from 4 January 2021 to 28 March 2021 

 

  • Monthly lodgers will use the aggregate turnover for the three-monthly Activity Statements over these quarters, and compare them to the above periods in 2019 
  • The existing decline in turnover rates must be met (i.e. 30% for businesses with a turnover of $1 billion or less, or 15% for Australian Charities and Not for profits Commission-registered charities (excluding schools and universities) 
  • Reduced payment rates will also apply for all eligible employees and business participants.as follows: 

 

  • From 28 September 2020 to 3 January 2021, the JobKeeper Payment rates will be: 

 

  • $1,200 per fortnight for all eligible employees who, in the four weeks of pay periods before 1 March 2020, were working in the business or not-for-profit for 20 hours or more a week on average, and for eligible business participants who were actively engaged in the business for 20 hours or more per week on average in the month of February 2020; and 

 

  • $750 per fortnight for other eligible employees and business participants. 

 

  • From 4 January 2021 to 28 March 2021, the JobKeeper Payment rates will be: 

 

  • $1,000 per fortnight for all eligible employees who, in the four weeks of pay periods before 1 March 2020, were working in the business or not-for-profit for 20 hours or more a week on average and for business participants who were actively engaged in the business for 20 hours or more per week on average in the month of February 2020; and 

 

  • $650 per fortnight for other eligible employees and business participants. 

30 June Trustee Resolution Minutes!

For those businesses that trade out of a Discretionary (Family) Trust it is an annual mandatory requirement of the ATO that all Discretionary Trusts prepare a Trustee Resolution Minute before 30 June each year. 

The Minute outlines who is going to be allocated the income of the trust. 

Without this Minute, the ATO will allocate all income of the Trust to the Primary Beneficiary as shown in the Trust’s Deed, or if there is no Primary Beneficiary listed on the Trust’s Deed, the Trustee of the Trust will be taxed at the highest marginal tax rate plus Medicare levy. 

As you can see, the tax consequences could be significant, which makes this Trustee Resolution Minute all the more important. 

Ensure your minutes are in order as we count down to 30 June.