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·         Budget 2009-10 Special Report – snap shot

Small business tax break boosted

 

The proposed measure for small business under the Small Business and General Business Tax Break will be increased to 50 per cent from 30 per cent.

The previously announced measure is available for the cost of eligible assets costing $1,000 or more acquired between 13 December 2008 and 31 December 2009, and installed by 31 December 2010. The expansion will have an estimated cost to revenue of $141 million.

The expanded tax break will be available to small businesses with a turnover of less than $2 million.
 
All other businesses continue to receive the tax break at the existing rate of 30 per cent for eligible assets contracted before 30 June 2009 and 10 per cent for eligible assets that they commit to investing in between 1 July 2009 and 31 December 2009.

Superannuation concessions cut

 

The Government measures will reduce the concessional contribution caps by half from the 2009-10 financial year from $100,000 to $50,000 for those over 50; and from $50,000 to $25,000 for those under 50. 

The change will significantly reduce the amount which it is attractive for those still in the workforce or approaching retirement to salary sacrifice into superannuation.

Under the changes:

  • The cap on concessional superannuation contributions for people under 50 will be reduced from $50,000 to $25,000. The cap will be indexed.
  • The existing transitional cap for concessional contributions for those aged 50 years and over will also be reduced, from $100,000 to $50,000. This reduced cap will apply for the 2009-10, 2010-11 and 2011-12 financial years, after which affected persons will revert to a $25,000 cap (or the applicable indexed amount).
  • The non-concessional contributions cap will remain at $150,000 for the 2009-10 financial year, and will only increase when the new lower $25,000 cap is increased by indexation.
  • The existing ‘grandfathering’ arrangements that apply to Defined Benefit schemes will continue.

The Budget contains temporary reductions in the level of the Superannuation Co-contribution. The Government Superannuation Co-contribution matching rate will be reduced from 150 per cent to 100 per cent for contributions in 2009-10, 2010-11 and 2011-12, and to 125 per cent for contributions in 2012-13 and 2013-14 income years.

The amount of personal contributions on which the maximum co-contributions is payable will also be reduced accordingly to $1,000, and to $1,250 for contributions made in the 2012-13 and 2013-14. The co-contribution matching rate and maximum payable will return to the current rates in 2014-15.

More expansive changes to superannuation that some had anticipated have been put off until the Government can digest the recently released recommendations by the Australia’s Future Tax System Review Panel into the retirement income system. The panel recommended:

  • Retention of the 9 per cent superannuation guarantee;
  • Increasing age pension commencement to age 67;
  • Reducing complexity of the interaction between the tax-transfer system and the pension; and
  • Maintaining current tax assistance while improving access to concessions for contributions.

It is important that the complexities that were taken out of the superannuation system by the previous Government are not reintroduced by stealth under the banner of the Global Financial Crisis. While there has been some scaling back of the concessions previously announced the Government has so far resisted the temptation to radically alter the current superannuation system.

 

Health insurance rebate cut, freeze on family payments

 

The Budget introduced changes to reduce the private health insurance tax rebate, and also increased the Medicare levy income thresholds.

In its changes to private health insurance, from 1 July 2010, the Government will introduce three new ‘Private Health Insurance Incentive Tiers’.

Existing arrangements will remain unchanged for singles with income of less than $75,000 per annum and families with incomes of less than $150,000 per annum.

Under the new arrangements:

Tier 1 will apply to singles with income between $75,001 and $90,000 ($150,001 and $180,000 for families) based on current projections. The private health insurance rebate will be 20 per cent, increasing to 25 per cent at 65 years of age, and to 30 per cent at 70 years. The surcharge for not taking out complying private health insurance will remain at 1 per cent.

Tier 2 will apply to singles with income between $90,001 and $120,000 ($180,001 and $240,000 for families). The private health insurance rebate will be 10 per cent, increasing to 15 per cent at 65 years of age, and to 20 per cent at 70 years. The surcharge for not taking out complying private health insurance will be increased to 1.25 per cent.

Tier 3 will apply to singles with income of more than $120,000 (more than $240,000 for families). No private health insurance rebate will be provided. The surcharge for not taking out complying private health insurance will be increased to 1.5 per cent.

The measure is forecast to deliver Budget savings of $1.9 billion over five years and private health insurance coverage is expected to remain at more than 99 per cent of current levels, the Government said.

The Government will increase the Medicare levy low-income thresholds. From the 2008-09 income year, the Medicare levy low-income threshold will increase to $17,794 (up from $17,309) for singles and to $30,025 (up from $29,207) for couples.

For families, the additional amount of threshold for each dependent child or student will also be increased to $2,757 (up from $2,682).

With family payments, the Government announced a freeze on payments made to families higher up the income scale for now and in the future, at a saving of $1.4 billion over four years.

The following income thresholds will be maintained at their current levels for a further three years, with Consumer Price Index (CPI) indexation resuming on 1 July 2012.

  • the $150,000 primary income earner eligibility threshold for receiving Family Tax Benefit Part B;
  • the $150,000 income threshold for receiving dependant tax offsets;  
  • the Baby Bonus eligibility threshold of $75,000 family income in the six months
    following birth of the child; and
  • the income threshold for receiving the base rate of Family Tax Benefit Part A (FTB-A) as well as the additional per child amount that is added to this threshold for families with more than one child.

 

First home owner’s boost extended

 

The Government announced that it would extend the First Home Owner’s Boost (FHOB) for an extra six months.

Treasurer Wayne Swan said that in order to ensure a responsible phasing out of “this highly successful measure”, the scheme would be reduced by half for the last three months of the extension period.

For eligible first home buyers entering into contracts between 1 July 2009 and 30 September 2009 (inclusive) the FHOB would continue to provide $7,000 for the purchase of established homes and $14,000 for the purchase of new homes.

“This means that including the $7,000 First Home Owner’s Grant, until 30 September, purchasers of new homes will continue to be eligible for $21,000 of assistance, and purchasers of existing homes will continue to be eligible for $14,000 of assistance,” the Treasurer said.
 
Between 1 October 2009 and 31 December 2009 the FHOB grants would be $3,500 for the purchase of established homes and $7,000 for the purchase of new homes.

This meant that including the $7,000 First Home Owner’s Grant, from 1 October until 31 December, purchasers of new homes would be eligible for $14,000 of assistance, and purchasers of existing homes would be eligible for $10,500 of assistance.

Income tax rules for high income earners tightened

 

The Government announced in the Budget the tightening of rules applying to income tax arrangements, mainly affecting high income earners.

The tougher rules target:

  • Deductions for hobby farms and other investments
  • Tax-free benefits to company shareholders
  • Trust distributions; and Family Tax Benefit A payments.

The new measures will raise around $880 million in extra revenue over the four year forward estimates.

Without any fanfare, the Budget papers refer to the Government proceeding with the promised cut in personal income tax rates from 40 per cent to 38 per cent on incomes between $80,000 and $180,000 in July 2009 and July 2010.

Non-commercial losses
Under the new arrangements the Government will remove the ability for high income individuals to deduct losses from unprofitable business activities against their other income by tightening the rules in the income tax law applying to the use of non-commercial losses. From 1 July 2009, taxpayers with adjusted taxable incomes of over $250,000 will only be able to deduct those expenses against the income from the non-commercial business activity.

Private company benefits
Rules on the taxation of benefits provided by a private company to its shareholders or their associates will be tightened to remove the scope for private companies to allow company assets — such as real estate, cars and boats — to be used for free, or at less than their arm’s length value without paying tax.

Both of the above measures will apply from the beginning of the 2009-10.

Closely-held trusts
From 1 July 2010, closely-held trusts will need to withhold amounts from trust distributions at the top marginal tax rate where taxpayers have not provided a tax file number to the trustee.

Family Tax Benefit Part A
Family Tax Benefit Part A will be indexed to the Consumer Price Index only. This will maintain the real value of future payments, but they will not grow by as much as they otherwise would.

Foreign employment income
Tax exemptions for the foreign employment income of Australians who work overseas for periods of 91 days or more will be limited to apply only to aid workers (both government and non-government), charitable workers, some government employees (such as defence and police) and those employed on overseas projects approved by the Minister for Trade as being in the national interest.

Employee share schemes
The option to defer the tax on share discounts on employee share schemes will be abolished and the availability of the 1,000 ‘up front’ exemption for discounts will be means tested.

 

Paid maternity leave introduced

 

The Government is providing $731 million over five years to deliver a Paid Parental Leave (PPL) scheme based primarily on the recommendations of the Productivity Commission’s Inquiry Report on the issue.

From 1 January 2011, the statutory PPL scheme will be available to parents for births and adoptions that occur on or after 1 January 2011.

In most cases the PPL scheme will be delivered through employers. To avoid cash flow pressures, the Government will pre-pay statutory PPL amounts to employers, who will then make payments to their eligible employees.

To be eligible for PPL, parents will need to meet a work test during the 13 months before the expected birth.

The eligible primary carer will receive payments at the weekly rate of the prevailing Federal Minimum Wage — currently $543.78 — for a continuous period of up to 18 weeks.

Parents will not be eligible for Family Tax Benefit Part B, dependent spouse, child-housekeeper and housekeeper tax offsets during the period in which PPL payments are received.

Boost to pensions, carers

 

Pensioners who receive the Age Pension, Disability Support Pension, and Carer Payment, Veterans’ Service Pension, Income Support Supplement, War Widow/ers Pension, Bereavement Allowance, Wife Pension, and Widow B Pension will all benefit from pension reform.
 
Under the new arrangements pensioners will receive an additional:

  • $32.49 a week for single pensioners on the full rate of pension, amounting to $1,689 a year; and 
  • $10.14 a week for pensioner couples (combined) on the full rate of pension.

The pension changes are the Government’s much anticipated response to the Harmer pensions’ review announced in last year’s Budget.

Announcing the new arrangements the Government said it “will deliver a new system with increased payments, incentives for workforce participation, and new pension income eligibility arrangements to ensure affordability.

“The key finding of the Harmer review was that the rate of payment to single pensioners is too low. In response, the Government will increase the total value of the pension for singles by up to $1,689 per annum — an increase of $32.49 per week. “

The Government also announced:

  • that age and service pensioners will be able to keep more of the money they earn through part time work
  • A new Work Bonus will treat age and service pensioners’ earned income more generously. 
  • Only half of the first $500 of employment income earned per fortnight will be assessed under the income test. This will enable up to $250 of earnings a fortnight to be excluded from means testing. 
  • Pensioners who do some part time work could get an extra benefit of $125 per fortnight, on top of any pension increase.

The Government announced it will close the Pension Bonus Scheme to new entrants from 20 September 2009.  People already registered in the Scheme before 20 September will be able to remain in the Scheme and claim a pension and their Bonus when they finish working.

The Budget includes a new payment for 500,000 carers, with the introduction of a Carer Supplement of $600 per annum for Carer Payment recipients. There will also be an additional $600 per annum for Carer Allowance recipients for each eligible person in their care.

Other measures to assist small business

 

A new Small Business Support Line and referral service will be established at a cost of $10 million over two years to assist small businesses affected by the global financial crisis.  This service will link to Business Enterprise Centres and will provide advice on such matters as obtaining finance and cash flow management. 

Increasing cash flow for small business has been assisted by providing relief to PAYG instalments in 2008-09 and 2009-10.  This reduction will provide cash flow benefits to around 1.5 million eligible small businesses and others by ensuring that their PAYG instalment amounts for the 2009-10 income year more closely approximate their actual income tax liability for that income year.   

Tax compliance costs reduced

 

The Budget unveiled a range of measures which the Government said will improve the operation of the tax law and cut compliance costs for business.

Key measures include:

  • reform of GST administration in response to a Board of Taxation review; 
  • the repeal of unlimited amendment periods and a review of elections in the tax law; 
  • a review into anti-avoidance provisions to ensure the integrity of the tax law; and
  • amendments to the off-market share buyback provisions in response to a Board of Taxation review.

The Government foreshadowed steps to streamline and improve the legal framework for the administration of the GST by implementing most of the recommendations from the Board of Taxation.

It said the reforms will reduce the compliance costs of the GST and achieve greater standardisation between the GST and income tax regimes.  

In addition, reviews are being undertaken by Treasury of the GST margin scheme provisions and the GST financial services provisions to consider simplifying their operation while maintaining the current policy.  

With the aim of simplifying tax law, the Government said it would move to repeal numerous provisions in the income tax laws that currently provide the Tax Commissioner with an unlimited period in which to amend an item in a taxpayer’s income tax return. 

The Government will allow greater use of private sector experts in the tax design process as recommended by the Tax Design Review Panel.
 
The Government will provide Treasury with additional funding to fund private sector expert input on the practical and commercial issues arising from proposed tax changes which will lead to improved tax legislation.

The Government also released a discussion paper to progress the Panel’s recommendation that consideration be given to whether or not the Tax Commissioner should be given further power to modify the tax law to give relief to taxpayers.

It said it would also shortly release for public comment a discussion paper proposing guidelines for the design of election provisions in the income tax law with a view to increasing consistency and reducing uncertainty in relation to these provisions.

It will also shortly release a discussion paper canvassing options to consolidate, streamline and improve the operation of provisions designed to counter tax avoidance. 

 

                                                        

 

 

 

 

 

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