Company Director Duties: Your 6-Point Checklist

Company Director Duties: Your 6-Point Checklist

Company Director Duties: Your 6-Point Checklist

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Being a company director comes with serious responsibilities under the Corporations Act 2001 and broader law in Australia. According to CPA Australia’s “6-point checklist”, directors must be clear about their obligations and avoid unintentional breaches. 

1. Act in the best interests of the company. Directors must act honestly, in good faith, for a proper purpose and prioritise the company ahead of personal interests. 
2. Meet your Australian Securities & Investments Commission (ASIC) obligations. That includes paying ASIC fees, lodging required statements, making timely changes to company records and passing annual solvency resolutions. 
3. Ensure the company can pay its debts as they fall due. Directors must monitor cash-flow, superannuation and tax liabilities and act before the company becomes insolvent. 
4. Keep proper company records. The company must maintain accurate financial and corporate records and the director should ensure they reflect the true financial position. 
5. Monitor financial health and take action when needed. Directors need to be alert to signs of financial distress and should seek professional advice early to avoid personal liability for trading while insolvent. 
6. Have appropriate insurance. Directors and Officers (D&O) insurance helps protect directors from personal exposure arising from breaches of duties or investigations. 

In essence: if you are stepping into a directorship role, you need to treat the company as a separate legal entity, be proactive about compliance and governance, and stay informed. Non-compliance isn’t only poor business practice—it can lead to personal liability, civil penalties or even criminal offences.

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Payday Super: What It Means for Employers

Payday Super: What It Means for Employers

PayDay Super: What it means for employers

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On 4 November, the Federal Government’s payday super legislation passed both houses of parliament. When payday super becomes law, you’ll need to pay your employees’ super at the same time as their salary and wages.

First proposed in 2023, payday super was introduced to help improve retirement outcomes for Australian workers.

What’s changing for employers

From 1 July 2026:

You’ll need to pay your employees’ super at the same time as their wages or salary.

Super funds must get employees’ SG contributions no later than 7 business days after payday.

The super guarantee charge (SGC) will change, with tougher penalties if you don’t pay super in full and on time.

If you hire a new employee, you’ll have 20 business days (starting from the day after wages or salary are paid) for the employee’s super fund to successfully get their first super contribution.

The ATO Small Business Super Clearing House (SBSCH) will close for all employers.

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Solar Rebates for Rental Properties in Victoria

Solar Rebates for Rental Properties in Victoria

Solar rebates for rental property owners in Victoria

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Why Rental Property Owners Should Act on Solar Rebates

The Solar Victoria rental-property rebate lets eligible landlords receive up to $1,400 per property for installing solar-PV systems at up to two rental properties each financial year — and you also have the option of an interest-free loan matching the rebate, reducing upfront costs significantly. 

To qualify:

  • Your renters’ combined household taxable income must be under $210,000
  • The property value must be under $3 million and must not have previously received a solar-PV rebate under the program. 
  • You must sign a formal Rental Provider-Renter Agreement allowing installation and access. 
  • Installations must be via an authorised solar retailer, and using only eligible products

The process involves: obtaining quotes, signing the agreement with the tenant, verifying eligibility, installing the system within specified timeframes, and then your rebate is applied directly to the retailer invoice.

You and your tenant also have the flexibility of a co-contribution model where the tenant may cover up to 50 % of the interest-free loan monthly repayments (e.g., ~$14.58/month) or you can cover the full repayment yourself. 

Once installed and connected to the grid, the system may lower your tenant’s energy bills and increase property appeal, while you enjoy a cleaner asset and governmental support reducing your capital burden. Make sure you still check feed-in tariffs and ensure your retailer handles the grid connection correctly. 


For further information please click this link:
https://www.solar.vic.gov.au/solar-rebates-rental-properties

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Why We Strongly Recommend Audit Shield Insurance This Year

Why We Strongly Recommend Audit Shield Insurance This Year

Why we strongly recommend Audit Shield Insurance this year

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In recent months, we’ve seen a significant increase in audit activity from the Australian Taxation Office (ATO) and other government agencies. With compliance reviews and audits becoming more frequent and detailed, now more than ever, it’s important to ensure you’re protected against the potential costs involved.

That’s why we’re highly recommending that all our clients consider taking out Audit Shield Insurance.

Audit Shield Insurance provides peace of mind by covering the professional fees that may arise if your business or personal tax affairs are subjected to an audit, enquiry, investigation, or review. These processes can be time consuming and costly even if your records are completely accurate and up to date.

Given the increased focus on data matching, targeted industry reviews, and stricter compliance measures, the likelihood of being audited has risen significantly this year. Audit Shield ensures that should this occur, you won’t be left with unexpected expenses for the time and work required to manage the audit on your behalf.

If you haven’t already taken out Audit Shield Insurance, we strongly encourage you to do so. It’s a small investment for significant peace of mind and financial protection. Please note that reminders regarding Audit Shield Insurance will be sent out again within the next couple of weeks, so keep an eye out for further communication.

For more information or to arrange cover, please contact our office — we’ll be happy to guide you through the process.

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Practice Update November 2025

Practice Update November 2025

Practice Update – November 2025 Edition

Returning to Work
 

Dual cab utes and FBT

The ATO wishes to dispel the ‘common myth’ that dual cab utes are automatically exempt from fringe benefits tax (‘FBT’). If an employer provides dual cab utes to staff to complete their duties and the vehicle is available for personal use, then the benefit may be subject to FBT.

By understanding how their employees use their dual cab utes, employers can work out if FBT applies and meet their FBT obligations.

To qualify for an exemption, the dual cab ute must be an ‘eligible vehicle’. That is, it must be designed to carry a load of one tonne or more, or more than eight passengers (including the driver), or a load under one tonne and not primarily designed for carrying passengers.

The dual cab ute must also only be used for limited private use (i.e., minor, infrequent and irregular), such as the occasional trip to the tip or helping a mate move house.

If an employee’s personal use of the dual cab ute does not meet both of the above exemption conditions, then the employer will be liable for FBT.

 

ATO reminder: Business expenses that can (and cannot) be claimed

Taxpayers can claim a tax deduction for most business expenses, provided they meet the ATO’s three ‘golden rules’:

  • The expense must be for business use, not for private use.
  • If the expense is for a mix of business and private use, they can only claim the portion that is used for business.
  • They must have records to prove their claim.

The ATO also wants business taxpayers to remember that there are some expenses that they cannot claim, including entertainment expenses, traffic fines, and expenses that relate to earning non-assessable income.

ATO’s focus on small business

The ATO is ‘detecting and addressing’ recurring errors in specific industries when businesses have a turnover between $1 million and $10 million.

These industries include property and construction (including builders, contractors and tradies), and professional, scientific and technical services (including engineering, design, IT and consulting professionals). In these industries, the ATO continues to see recurring issues, including:

  • omitted sales and income in BAS and tax returns, including income from related entities;
  • overclaimed expenses and GST credits;
  • private expenses incorrectly reported as business-related, or not properly apportioned between business and personal use;
  • failure to register for GST when required;
  • incorrect claims for the research and development (R&D) tax incentive offset, especially for activities that do not meet the eligibility criteria; and
  • not seeking independent advice from a registered tax agent, particularly in head contractor/subcontractor arrangements.

By sharing the issues that it is seeing, the ATO hopes to help taxpayers running a small business in one of these (or other) industries to avoid common errors and get it right from the start.

New ATO Data-Matching Programs

The ATO acquires and uses data for pre-filling, detecting dishonest or fraudulent behaviour, and identifying areas where it can educate taxpayers to help them understand their tax obligations.

When data does not match, the ATO may contact tax agents and their clients to find out why.

Rental Income Data-Matching

Over the coming months, the ATO will be sending letters where its data indicates:

  • tax returns including rental income may need to be lodged for specific years; or
  • rental income should be included in previously lodged tax returns.

Editor: Please contact us if you receive such a letter.

Offshore Merchant Data-Matching Program

The ATO will acquire merchant data from the big four Australian banks (ANZ, Commonwealth Bank, National Australia Bank and Westpac) for the 2025 to 2027 income years.

The ATO estimates that records relating to approximately 9,000 offshore merchants will be obtained each financial year.

SMSF non-compliance with release authorities

Release authorities are documents issued by the ATO to super funds, authorising the release of money from a member’s super account to pay specific liabilities, including in relation to excess concessional contributions, excess non-concessional contributions, and Division 293 tax assessments.

The ATO is seeing a rise in SMSFs that receive a release authority and are either:

  • not responding within 10 business days as required; or
  • responding incorrectly (i.e., either not releasing the requested amount, or failing to submit a release authority statement back to the ATO, or both).

Failure to meet these obligations may result in significant penalties for the fund. SMSF trustees should make sure they have effective processes in place to respond to release authorities promptly and accurately.

GST held to apply to sales of subdivided lots

The Administrative Review Tribunal (‘ART’) recently held that some sales of subdivided farmland were subject to GST as they were made by the taxpayer in the course of carrying on an enterprise.

The taxpayer owned farmland near Adelaide. He entered into an agreement with a developer, under which the developer sought rezoning and development approvals, carried out development works, and marketed the subdivided lots.

The taxpayer progressively gave the developer access to the property as required and signed documents where necessary, including contracts for the sale of the subdivided lots. The taxpayer received 20% of the proceeds of sale progressively as sales of the subdivided lots were completed, with the developer receiving the remaining 80%.

The taxpayer argued that his role was passive, and that such rights as he had, and actions he took under the agreement with the developer, were of an administrative nature not amounting to a series of activities in the form of a business.

The ART disagreed, finding that the sales of the subdivided land were subject to GST as they were made in the course of carrying on an enterprise.

The ART noted that the taxpayer’s activities “exhibited some of the well-known indicia of a business.

Amongst other factors, the taxpayer’s activities in facilitating the implementation of the development agreement “had a degree of regularity and repetition“, including allowing access to the land progressively as required, an ongoing obligation not to encumber or sell the land during the project, and the continuous signing of sales contracts and monitoring of sales returns.

Please Note: Many of the comments in this publication are general in nature and anyone intending to apply the information to practical circumstances should seek professional advice to independently verify their interpretation and the information’s applicability to their particular circumstances.

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Farm Management Deposits: Smart Income Smoothing & Tax Planning

Farm Management Deposits: Smart Income Smoothing & Tax Planning

Farm Management Deposits: Smart Income Smoothing & Tax Planning

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Farm Management Deposits: A Smart Tool for Income Smoothing and Tax Planning

Australia’s primary producers know that farming income rarely stays steady. Droughts, floods, commodity prices, and market shifts can all lead to large swings from one year to the next.
The Farm Management Deposit (FMD) scheme is a powerful tool that helps smooth out those ups and downs — both for tax and Centrelink purposes.

What Is a Farm Management Deposit (FMD)?

An FMD allows eligible primary producers to set aside pre-tax income in good years and withdraw it in low-income years.
The amount you deposit becomes a tax deduction in the year of deposit, and the amount you withdraw is included in your taxable income when it’s taken out.

This makes FMDs a valuable tool to:

  • Reduce tax in strong years,
  • Boost cash flow in lean years, and
  • Smooth income for Centrelink benefits like Youth Allowance or Farm Household Allowance.

Key Rules and Eligibility

Who can use FMDs:
Only individuals carrying on a primary production business in Australia are eligible. (Companies, trusts, and partnerships themselves cannot hold FMDs, but individual partners can.)

Deposit limits:
Up to $800,000 per person (as at 2025).

Deposit conditions:

  • Must be made from primary production income.
  • Minimum deposit $1,000.
  • Must be held for at least 12 months to retain the tax deduction (unless withdrawn due to exceptional circumstances such as drought or disaster).

Withdrawals:
Amounts withdrawn are assessable income in the year of withdrawal.

Example: How FMDs Smooth Income and Tax

Year

Farm Profit

FMD Action

Taxable Income

Effect

2024

$300,000

Deposit $100,000

$200,000

Reduces tax in high year

2025

$150,000

Withdraw $100,000

$250,000

Boosts cash flow in low year

Outcome: Income and tax obligations are stabilised across years — helping manage both taxation and Centrelink assessments more effectively.

Why FMDs Matter Beyond Tax

Centrelink assesses taxable income when determining eligibility for benefits like Youth Allowance, Family Tax Benefit, or Farm Household Allowance.

By strategically using FMDs, farmers can:

  • Lower taxable income in a strong year, keeping within eligibility thresholds.
  • Manage the impact of fluctuating profits on family benefits.
  • Support youth allowance eligibility for children studying away from home.

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