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Are you complying with the latest tax requirements? Could you be better maximising – or accessing – the deductions available to you?
As we countdown to 30 June, here are some considerations as you wind up another financial year.
For the year ending 30 June 2022, companies with an aggregated turnover of less than $50m – that derive no more than 80% of their income from passive sources – qualify for the base rate entity corporate tax rate of 25% (down from 26% for the year ended 30 June 2021). Companies that do not meet this criteria will have the higher corporate tax rate of 30%.
Companies with a turnover in the vicinity of $50m should closely monitor their turnover in the lead up to the end of June, as additional sales could push them over the $50m threshold and result in a higher tax rate. Likewise, companies that previously had an aggregated turnover of more than $50m last year may have experienced a reduction in turnover and qualify for the lower tax rate this year.
The change in corporate tax rate also impacts a company’s maximum franking rate. When determining a company’s franking rate, it is assumed its income will be the same as the last financial year.
Base rate companies with a turnover of less than $50m in the prior financial year are able to pay dividends up to a maximum franking rate of 25% for the year ended 30 June 2022 – (down from 26% for the prior year). Companies with a turnover of more than $50m in the prior financial year are able to pay dividends up to a maximum franking rate of 30% for the year ended 30 June 2022. A lower franking rate means additional top-up tax paid by the shareholders.
If a company’s turnover was greater than $50m in the prior year and has decreased below $50m in the current year, consideration should be given to whether there is an advantage to declaring dividends with a ranking rate of 30% prior to 30 June rather than waiting until next year when the franking rate will decrease to 25%.
Businesses with an aggregated turnover under $5b are able to claim an immediate deduction for the business portion of eligible new depreciating assets. The eligible new asset must be first used or installed ready for use between 6 October 2020 and 30 June 2023, with the deduction able to be claimed in the financial year the asset was first used or installed ready for use.
For businesses with a turnover of between $50m and $5b, the asset must be a newly-acquired asset. For businesses with an aggregated turnover of less than $50m, the immediate deduction also applies to second-hand assets.
However, the immediate deduction does not apply to buildings and capital works or assets that are located outside of Australia.
Where income has been received in advance of services being provided, that income may not yet be derived and subsequently not be taxable until the services are delivered. Any income received in advance as at 30 June should be identified and either allocated to a liability account in the financial statements or adjusted for in the tax return.
Similarly, identify any work in progress that has been recognised as income through your accounting system as at 30 June but not yet invoiced. The work in progress is likely to not be assessable income until the following financial year once the invoice has been raised.
Many businesses progressively pay PAYG instalments throughout the year towards their estimated tax liability for the current year. Regardless of whether they are using the Instalment Rate method or accepting the ATO determined Instalment, the amount payable is generally based on the ATO’s assumption that the profit of the business will be an improvement on the last financial year. Where businesses experience a decrease in profit relative to the prior year, this can result in additional PAYG instalments being paid throughout the year. Whilst any overpayment of income tax will be reconciled upon lodgement of the tax return, the payment of additional tax can put pressure on the working capital requirements of the business. June is an opportune time to review the businesses expected tax liability and vary the June instalment to reduce the instalment payable or claim back any excess instalments paid during the year.
Shares and real estate held for capital gain are deemed to be disposed of on contract date for tax purposes, rather than when settlement occurs. For any upcoming disposals, consider whether the contract should be entered into this side of 30 June, or after 30 June.
Where capital gains have been derived during the year and unrealised capital losses exist, you may consider disposing of those assets to crystallise the loss and offset the capital loss against the capital gain.
Loans and payments made by private companies to shareholders and their associates may be treated as assessable income to the shareholder under the provisions of Division 7A.
Where loans and payments have been made during the current financial year, consider if these amounts can be repaid to the company prior to 30 June. If not, consider whether a loan agreement should be put in place between the company and shareholder to repay the loan over a maximum term of seven years.
For loans that arose in a prior year and are subject to a complying loan agreement, ensure the minimum loan repayment is made prior to 30 June.
Trust Deeds of most discretionary trusts require the trustee to make a determination on or prior to 30 June each year to determine how the net income of the trust is to be distributed.
In February this year, the ATO released Draft Tax Ruling TR 2022/ D1 and Practical Compliance Guideline 2022/D1 identifying a focus on arrangements where adult children receive a present entitlement to trust income whilst at least part of the economic benefit ends up with another person, typically their parents or guardians.
In consultation with your advisor, you should be carefully considering the requirements of the Trust Deed, recent ATO guidance, income of the trust for the year and to which beneficiaries – and in what proportions – the income will be distributed.
Ensure the determination is documented by way of a distribution resolution and signed and dated by the trustee in accordance with the requirements of the Trust Deed.
