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When do you have to pay tax on shares?

2020-02-21 09:35:04 admin

Investing in shares is a popular method of growing your wealth, however, there are tax obligations you need to be aware of to get an accurate sense of how much you’ll need to put aside for your investments.

When you own shares, you need to declare all your dividend income on your tax return. It is possible to claim tax deductions for certain expenses you pay to receive income from your shares. The deductions you are eligible for will depend on if you are carrying on a business of share trading or if you are an individual share investor, but they can include:

  • Management fees: the payment of ongoing fees or retainers to investment advisers are tax-deductible.
  • Borrowing expenses: the expenses of borrowing money for shares may be tax-deductible. This can include establishment fees, legal expenses and stamp duty on the loan.
  • Interest: if you received a loan to buy shares, you can claim a deduction for the interest incurred on the loan if it is expected that assessable dividends will be derived from your shares.
  • Travel expenses: if you need to travel for the sole purpose of working on your share investment, such as travelling to consult with a broker, you may be able to claim a deduction for the travel expenses incurred.

Individual share investors cannot claim a deduction for the cost of acquiring shares, such as costs for brokerage and stamp duty, however, they can claim deductions on the prepayment of expenses related to the shares such as internet fees or seminars.

Buying and selling shares can involve capital gains tax (CGT), depending on whether you make a capital gain or a capital loss on your shares. Your capital gains or loss is the difference between the price you paid for the shares and the price you sell them for. If you end up selling your shares for more than you paid for them, then you make a capital gain which may be taxed.

How much CGT you need to pay varies depending on:

  • How long you’ve owned the shares for: if you have held the shares for more than 12 months, you can usually discount a capital gain by 50%.
  • Your marginal tax rate: your capital gain will be added to your assessable income in your tax return and taxed as part of your income at your marginal tax rate.
  • If you’ve also made any capital losses: only your net capital gain will be taxed with your assessable income, meaning that if you’ve also made capital losses then they will be subtracted from your capital gains. If you have more capital losses than gains, you are generally able to carry the capital loss forward and deduct it from any capital gains you make in future years.
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Are you responsible for unfair dismissal of employees?

2020-02-21 09:31:54 admin

If you are a small business employer wishing to dismiss employees, you must do so according to the Small Businesses Fair Dismissal Code, as a breach of the code could result in legal action taken against you. If your business has less than 15 employees, it counts as a small business.

Employees can apply for unfair dismissal if they believe they have been unreasonably dismissed from their job. These cases could include when:

  • The dismissal was harsh, unjust or unreasonable
  • The dismissal was not a case of genuine redundancy
  • The dismissal was not consistent with the Small Business Fair Trading Code.

Employees working for small businesses can only apply for unfair dismissal when they have been employed for at least 12 months. If the business had a change of ownership during their employment, then their time with the first employer may still count as service with the second employer when calculating the minimum employment period.

When dismissing an employee, there are three main valid dismissal reasons:

  • Capacity (poor performance)
  • Conduct
  • Genuine redundancy.

Employers must also adhere to employee entitlements upon dismissal, meaning they must pay:

  • Accrued leave and annual leave loading
  • Accrued or pro-rata long service leave
  • Redundancy pay if applicable
  • Outstanding wages.

An employer can make objections to the unfair dismissal claim by submitting an Employer response to unfair dismissal application, or an Objection to application for unfair dismissal remedy.

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You can now opt-out of super guarantee as a high income earner

2020-02-21 09:30:47 admin

If you’ve unintentionally been going over your superannuation concessional contributions cap in past years, you may not have to worry about it from now on. As of 1 January 2020, eligible individuals with multiple jobs can apply to opt-out of receiving super guarantee (SG) from some of their employers.

You may be eligible to apply if you:

  • Have more than one employer.
  • Expect that your employers’ mandatory concessional super contributions will exceed your concessional contributions cap for a financial year.

Employees who are eligible can apply for the super guarantee shortfall exemption certificate when they complete the Super guarantee opt-out for high income earners with multiple employers form (NAT 75067).

When you opt-out of SG contributions, you must still receive SGC from at least one employer. If other employers agree to use the SG exemption, then they may provide an alternative remuneration package instead, as to not be disadvantaged. However, the exemption certificate:

  • Does not restrict the employer from making super contributions on behalf of the employee.
  • Does not change the employer’s obligations or an employer’s agreement with their super fund.
  • Cannot be varied or revoked once issued.
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Things to consider before rebranding your business

2020-02-13 14:30:33 admin

Rebranding your business can seem like a daunting task, as it can involve a range of arduous tasks such as changing designs, updating clients, retraining staff and changing your marketing strategies.

However, rebranding can be an option for many businesses if:

  • Your business is too similar to competitors.
  • Your designs and values are updated.
  • You want to outgrow a poor reputation.
  • Your business is growing and changing.
  • You want to tap into a new demographic.
  • The market is changing.

To make the task of rebranding seem less daunting, consider these tips before starting to help you in your process.

Evaluate your need for rebranding
Make sure that the reason for your rebranding is valid and don’t act on impulse decisions. Rebranding can take a lot of time and resources and can often decrease your business if not done successfully, so it is important that you evaluate if rebranding is right for your business and outline the reasons why. It can be helpful to talk to staff about it to get ideas from people who are also invested in the success of your business.

Plan a budget
Before you rush into rebranding your business, make sure you have the funds to do so. Research and estimate how many resources will go into different areas of rebranding, e.g. marketing, website design, training staff etc. and outline a budget that can help you manage your finances through the process.

Have a strategy
Before you start rebranding, plan out a strategy that will guide you in the process and can increase the chances of success. This will help the process run more smoothly and prevent unexpected challenges that could detriment your business.

Solidify your mission and values
Having a clear understanding of the mission and values you want your business to have going forward can help you make important branding decisions and help build the foundation for your new brand. Having you and your staff on the same page with the business mission and values can improve efficiency and motivation when working on the rebrand.

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Taking a super pension

2020-02-13 14:28:55 admin

Once you have met your preservation age (between 55 and 60 depending on when you were born), you can choose to take a super pension. There are six main types of super pension:

  • Account-based pension: this is the most common type of pension. It is a regular income stream bought with money from your super when you retire.
  • Transition to retirement pension (TTR): you can use this pension if you have reached your preservation age but are below 65 years old and still working,
  • Defined benefit fund: with this pension, you are paid a guaranteed income stream for life, however, it is not commonly used.
  • Annuities: this is a series of payments you receive at fixed intervals for a defined period or the remainder of your life. Annuity payments are purchased with a lump sum.
  • Reversionary pension: this is an income stream you set up with your superannuation that automatically reverts to someone else (generally your partner) when you die.
  • Death benefit pension: this is where your dependents receive your death benefits as a pension when you die. This is only available from some super funds.

The standard conditions of release for super pension withdrawals are:

  • Retirement.
  • Turning 65 years old.
  • Beginning a transition to a retirement income stream.
  • Ceasing an employment arrangement after you turn 60, regardless of if you get a different job.
  • Becoming permanently incapacitated.
  • Being diagnosed with a terminal medical condition.

The amount you withdraw can have an impact on any Age Pension entitlements you have, so be aware of these implications when deciding to withdraw an amount. You should also be aware of the transfer balance cap of $1.6 million that you’re allowed to move to an account-based pension. For super pension income streams, you generally need to transfer funds from your accumulation account to your retirement account for your pension.

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Do you have to pay tax on super death benefits?

2020-02-13 14:28:18 admin

When someone dies, their superannuation usually gets transferred to their beneficiary as superannuation death benefits. Depending on who the beneficiary is, the benefits may be taxed in some circumstances.

If you are a beneficiary, the amount of tax you pay depends on factors such as:

  • If the benefit is paid as a lump sum or pension.
  • Your age and the age of the deceased at the time of their death (for income streams).
  • Whether the benefit is paid from an untaxed superannuation scheme or a taxed scheme.
  • Whether you’re a dependent for tax purposes.

Someone who is tax-dependant will:

  • A spouse of the deceased.
  • An underage child of the deceased.
  • Someone who was financially dependent on the deceased at the time of their death.
  • Someone who was in an interdependency relationship of the deceased at the time of their death.

Lump sum payments

Lump sum super benefits paid to tax-dependant beneficiaries are not taxed, whereas those who are not tax-dependent will need to pay more tax and will only be able to receive the benefit as a lump sum. Not all super death benefits paid to a non-tax dependant are subject to tax. There are tax-free components that are made up of contributions after-tax that the member made to their super.

The taxed element (where the member paid tax in their super) of the taxable component of the benefit is subject to a maximum tax rate of 15% plus the Medicare levy. The untaxed element (where the death benefit is being paid from an untaxed super fund or includes proceeds from a life insurance policy held by the fund) of the taxable component of the benefit is subject to a maximum tax rate of 15% plus the Medicare levy.

Income stream payments

If the death benefit is paid in the form of an income stream, the tax treatment of the payment is dependent on the age of the deceased and beneficiary at the time.

If the deceased or the beneficiary is aged 60 or over at the time of the benefactor’s death and the super is paid from a taxed super fund, then the payment will not be taxed. If the age of the deceased and the age of the beneficiary are both under 60, the taxable portion of income stream payments will be treated as assessable income but will be entitled to a tax offset equal to 15% of the amount.

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What to know about reverse mortgages

2020-02-06 14:18:31 admin

A financial dilemma that is becoming increasingly common is finding a way to fund a comfortable retirement lifestyle without having to sell the family home. One solution to this is a reverse mortgage; a loan that allows homeowners to convert part of the equity in their home into cash.

Money from a reverse mortgage can then be received as a regular income stream, line of credit, lump sum, or a combination of these options. No income is required to qualify for a reverse mortgage, which makes them ideal for those who have retired from the workforce.

Given the nature of this type of loan, it is important that homeowners understand the risks involved and consider how they can protect themselves as much as possible. Risks associated with reverse mortgages include:

  • The interest rates are usually higher than average home loans.
  • Variable interest rates mean that there will be changes to what you are charged over time. Debt can rise quickly since the interest compounds over the loan term.
  • The loan can affect your pension eligibility.
  • Drawing funds from your property can reduce what you could potentially access later on, leaving little left for aged care or other future needs.
  • For those who fix their interest, the costs to break the agreement can be very high.
  • If you are the sole owner of the property and someone lives with you, that person may not be able to stay when you die (in some circumstances).
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Keeping your virtual team on track

2020-02-06 14:17:10 admin

Managing a virtual team can offer challenges that you won’t experience in-person teamwork. It can be harder to schedule meetings, show demonstrations and build connections. However, having a virtual team offers convenience, opportunity and freedom for the team members, so here are some tips to help you make it work…

Define goals and roles
At the start of the project, outline the project goals and objectives so that everyone is working towards the same thing. Delegate roles and obligations to each team member to avoid confusion and overlap. This will keep the team on track despite not physically seeing what each other is up to.

Stay engaged
In-person teams have many opportunities to check in with each other and see each other’s progress. As a virtual manager, it is important to create opportunities to stay in touch with your team, such as having regular phone calls or checkpoint meetings. This will provide your team with regular reminders of work that will help keep them on track and meeting checkpoint deadlines.

Use online tools
While you’ll most likely already be using online messaging tools, there are plenty of other apps and platforms you can also use to improve organisation and productivity. You can search for collaborative tools for things like mind mapping, video calls, sketching, calendars, to-do lists and schedules. These online tools can help your team see each other’s ideas, progress and deadlines.

Create time for casual interactions
Building connections between team members can be difficult with exclusively online work. If appropriate, you can consider creating opportunities for your team to get to know each other on a more casual basis to improve moods and collaboration. If everyone in the team lives very remotely, you can have more relaxed video calls where everyone can introduce themselves and chat as well as work. If the team lives in the same city, consider having in-person meetings and outings.

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When a trustee goes bankrupt…

2020-02-06 14:16:11 admin

SMSF members need to be aware of the rules that govern their fund, including what to do when one member becomes bankrupt.

A requirement of an SMSF is that each individual trustee of the SMSF must be a member of the SMSF. In the case of corporate trustees, every member must be a director. This means all members are connected and held accountable for one another. If one member enters bankruptcy, they will be categorised by the ATO as a “disqualified person”, meaning they can no longer act as trustee of the SMSF.

Where a disqualified person continues to act as an SMSF trustee or director, they will be committing an offence that is subject to criminal and civil penalties. The ATO provides a six-month grace period to allow a restructure of the SMSF so that it either meets the basic conditions required or can be rolled over into an industry fund. During the six-month grace period, the ATO requires:

  • The bankrupt to remove themselves as trustee.
  • The bankrupt to inform the ATO in writing.
  • To be notified within 28 days if there is a change in trustee.
  • The bankrupt to notify ASIC of the resignation as a director (if the SMSF is run by a corporate trustee).
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Can you claim deductions for employee training?

2020-02-06 14:14:37 admin

Employees of a small business may need to develop their expertise or skills in a particular area to better perform their duties. While training courses like seminars and one-day intensives can be a worthwhile investment, there are still a few things employers should consider from a tax point of view.

Employers can generally claim deductions for the full costs incurred when providing education to employees, including aspects like course fees and travel costs. Paying for employee work-related course fees commonly constitutes a fringe benefit and is subject to FBT. However, FBT law allows a full or partial reduction of FBT payable provided that the ‘otherwise deductible’ rule is met. The ‘otherwise deductible rule’ implies that if the employee had paid the expense themselves, they could claim a deduction for the expense. The business could then provide the benefit to the employee without having to pay FBT on the amounts.

An education expense is considered to be hypothetically deductible to the employee depending on the type of course or education studied. The course must have a satisfactory connection to an employee’s current employment, maintain or improve the skills or knowledge required for the employee’s current role, or result in an increase in the employee’s income.

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