Could some of the $17.8 billion lost super be yours?

Could some of the $17.8 billion lost super be yours?

Could some of the $17.8 billion lost super be yours?

Returning to Work

Super not rolled over from your previous super fund could mean some of the $17.8 billion lost super may be yours.

The latest data reveals that since 2021, we’ve reunited or paid out almost $6.4 billion ATO-held super. Yet there’s still almost $17.8 billion lost super waiting for people to claim.

If you haven’t rolled over all of your super from your previous super fund into your SMSF, you could have lost super. The easiest way to find lost super is on ATO online services through myGov. For most people finding lost super will only take a few minutes.

You will need a myGov account linked to the ATO. Once you link your myGov account, you can also use the ATO app.

Easy to follow steps on finding lost super on ATO online services through myGov:

Log on to ATO online services through myGovExternal Link. From the top menu, select Super. Then select either:

  • Fund details to check for lost super – if you want to keep your super with the same fund, contact them directly to update your details.
  • Manage and then Transfer super to transfer this lost super to an eligible super account – or ask your fund to complete the transfer for you.
  • Manage and then Transfer super to transfer ATO held super to an eligible super account.
  • Manage and then Withdraw ATO-held super to have your super paid directly to you if the amount is less than $200 or you are over 65.

If you can’t see your SMSF account after following the directions above, it may be due to the compliance status of the SMSF. There may be restrictions applied that prohibit a transfer to an SMSF, such as the SMSF not being up to date with income tax obligations.

If you think you have lost or ATO held super but can’t see it on ATO online, we may not have all your details. Contact your previous super fund to check your member number, the amount of lost super and when it was transferred, then contact the ATO.

Find out more information by visiting searching for lost super.

Need more help or information?

Click the link below to contact us at Plus 1.

Open Hours

Monday to Friday
8:00am to 5:00pm

Closed Public Holidays

plus-1-logo

If you need to get us documents quickly, access remote support, or the MYOB Portal click the button above.

Contact Us

27 Welsford Street
Shepparton, VIC 3630

T: (03) 5833 3000
F: (03) 5831 2988
Email Us

Study Loan Credit

Study Loan Credit

Study Loan Credit

Returning to Work

Study Loan Refunds: What You Need to Know

A recent change in legislation may result in refunds for some clients.

What’s Changed?
A new bill has passed in parliament to update how annual indexation is calculated for study and training loans. Starting from 1 June 2023, indexation will now be based on the lower of two measures:

  • The Consumer Price Index (CPI)
  • The Wage Price Index (WPI)

This change has been applied retroactively, reducing indexation rates for the past two years:

  • 1 June 2023: Reduced from 7.1% to 3.2%
  • 1 June 2024: Reduced from 4.7% to 4%

How Does This Affect You?
For most clients, there’s no action needed! Excess indexation amounts are being automatically credited back to loan accounts.

If the adjustment results in a credit balance on a loan account, here’s what happens next:

  1. Loan Credits: Excess amounts will be transferred to the client’s Income Tax account.
  2. Debts Settled: Credits will be applied to any outstanding tax or Commonwealth debts.
  3. Refunds Issued: Any remaining credit will be refunded to the client’s nominated bank account.

Most credits will appear on accounts by the end of January 2025. Complex cases may take a little longer to process.

What Should You Do?
To ensure smooth and timely refunds:

  • Update Bank Details: If you’re listed as the nominated account, you’ll receive the refund. Reconcile this amount with your records.

Clients can visit the ATO website for more information by searching QC 49409 and reviewing the “Manage Agent Trust” (MAT) service section.

Please note: The ATO cannot provide a list of clients eligible for refunds at this stage.

Need more help or information?

Click the link below to contact us at Plus 1.

Open Hours

Monday to Friday
8:00am to 5:00pm

Closed Public Holidays

plus-1-logo

If you need to get us documents quickly, access remote support, or the MYOB Portal click the button above.

Contact Us

27 Welsford Street
Shepparton, VIC 3630

T: (03) 5833 3000
F: (03) 5831 2988
Email Us

Vacant Residential Land Tax – Act Now!

Vacant Residential Land Tax – Act Now!

Vacant Residential Land Tax – Act Now!

Returning to Work

If you own multiple residential properties in Victoria and any of those are vacant or are expected to be vacant for more than 6 months you will be subject to vacant residential land tax. This also applies if you use the property for irregular personal use or work.

Vacant residential land tax applies to all vacant residential properties in Victoria unless you nominate for an exemption by the 15th of January 2025.

Please contact our office for further information or assistance.

See fact sheet below:

Vacant residential land tax (VRLT)

Applies to residential land vacant for more than 6 months in the preceding calendar year. VRLT has been expanded from the inner and middle Melbourne suburbs, to all properties in Victoria.

VRLT applies in addition to general land tax.

Definition of Residential Land:

Includes land with a home, under renovation, or uninhabitable for over 2 years.

Excludes: unimproved land (vacant block), commercial premises, residential care facilities, and retirement villages.

VRLT Rate – Calculated on the capital improved value (CIV) of the property:

1% CIV for the first year liable.
2% CIV for the second consecutive year.
3% CIV for the third consecutive year.

 

CIV includes the value of the land, buildings and any other capital improvements made to the property as determined by the general valuation process. CIV is displayed on the council rates notice.

VRLT for any year is assessed on the previous year’s occupation of the property. For example, VRLT in 2025 is based on a property’s vacancy in 2024.

Exemptions for Vacant Residential Land Tax (VRLT):

Homes that are unoccupied for more than 6 months of the preceding calendar year may be exempt from VRLT if:

  • If the ownership of the property changed during the year.
  • The property became residential during the year.
  • The property became residential within the last 2 years & ownership is unchanged (extended to a maximum 3 years from 1 Jan 2025, provided the owner has made genuine and reasonable efforts to sell the land. VRLT will apply at 1% until it is sold). E.g. newly constructed property or a warehouse converted to residential housing.
  • The property is used as a Holiday home occupied by the owner for at least 4 weeks continuous or aggregate (from 1 Jan 2025 includes relatives or certain beneficiaries of the home owner). Can only nominate one holiday home. SRO must be satisfied that the property was a genuine holiday home, having regard to its location and distance between the owner/beneficiary’s actual home and the holiday home, as well as the frequency and nature of its use.
  • The property was occupied for at least 140 days by the owner or vested beneficiary for the purpose of attending work/business, and they have a principal place of residence (PPR) in Australia (homes owned by companies, associations or organisations are generally not eligible for this exemption).

What does ‘vacant’ mean:

A property is considered vacant if, for more than 6 months in the preceding calendar year, it has not been lived in by:

  • the owner, or the owner’s permitted occupant, as their principal place of residence (PPR), or
  • a person under a lease or short-term letting arrangement made in good faith.

The occupation does not need to be by the same occupant or for a single continuous period, and a beneficiary of a discretionary trust can be a permitted occupant.

It must actually be used and occupied for more than 6 months (not just available to occupy).

It can’t be used intermittently or on a casual basis by friends or family of the owner. The use and occupation must be either as a PPR or subject to a bona fide lease or letting arrangement.

Properties undergoing Construction and renovation:

Homes undergoing significant renovations or construction will not be considered vacant for up to 2 years from the date a building permit was issued. An extension can be requested under certain circumstances. There is no need to notify SRO for the first 2 years after the building permit was issued. Notification must be made in the third year.

Notification Requirements for Vacant Residential Land Tax (VRLT):

  • Key Deadline: Notify the State Revenue Office (SRO) by 15 January if your property was vacant for over 6 months during the previous calendar year. Use the online portal to submit details.
  • Missed Deadline: Late notifications should be submitted as soon as possible.
  • Penalties for failing to notify:
    • 5% penalty tax for voluntary disclosure before an investigation.
    • 20% penalty tax if disclosed after an investigation starts.
    • Up to 90% penalty tax for intentional non-compliance or hindrance of an investigation.

From 1 January 2026:

Unimproved residential land in metropolitan Melbourne that has remained undeveloped for at least 5 years and is capable of residential development may attract VRLT from 1 January 2026 onwards. More information coming soon.

For further information please also see the below videos on the SRO website:
https://www.sro.vic.gov.au/videos/my-holiday-home-exempt-vacant-residential-land-tax
https://www.sro.vic.gov.au/videos/vacant-residential-land-tax-0

Need more help or information?

Click the link below to contact us at Plus 1.

Open Hours

Monday to Friday
8:00am to 5:00pm

Closed Public Holidays

plus-1-logo

If you need to get us documents quickly, access remote support, or the MYOB Portal click the button above.

Contact Us

27 Welsford Street
Shepparton, VIC 3630

T: (03) 5833 3000
F: (03) 5831 2988
Email Us

Practice Update December 2024

Practice Update December 2024

Practice Update – December 2024 Edition

Returning to Work

Can staff celebrations attract FBT?

With the holiday season coming up, employers may be planning to celebrate with their employees.

Before they hire a restaurant or book an event, employers should make sure to work out if the benefits they provide their employees are considered entertainment-related, and therefore subject to fringe benefits tax (‘FBT’).  This will depend on:

  • the amount they spend on each employee;
  • when and where the celebration is held;
  • who attends — is it just employees, or are partners, clients or suppliers also invited?
  • the value and type of gifts they provide.

Employers who do provide entertainment-related fringe benefits should keep records detailing all of this information so they can calculate their taxable value.

Reminder of December 2024 Quarter Superannuation Guarantee (‘SG’)

Employers are reminded that employee superannuation contributions for the quarter ending 31 December 2024 must be received by the relevant super funds by 28 January 2025.  If the correct amount of SG is not paid by an employer on time, they will be liable to pay the SG charge, which includes a penalty and interest component.

The SG rate is 11.5% for the 2025 income year.

ATO’s tips for small businesses to ‘get it right’

While the ATO knows most small businesses try to report correctly, it understands that mistakes can happen.  The ATO advises taxpayers that it is important to get the following ‘basics’ right:

  • using digital tools and business software to help track and streamline processes to increase the efficiency of their business;
  • keeping accurate and complete records, which will help taxpayers meet their tax and super obligations and make lodging easier; and
  • getting the right advice from trusted resources such as their registered tax professional or the ATO’s website, which can help taxpayers navigate change and uncertainty at any stage of the business life cycle.

SMSFs cannot be used for Christmas presents!

There are very limited circumstances where taxpayers can legally access their super early, and the ATO is reminding taxpayers that “paying bills and buying Christmas presents doesn’t make the list.”

Generally, taxayers can only access their super when they:

  • reach preservation age and ‘retire’; or
  • turn 65 (even if they are still working).

To access their super legally before then, taxpayers must satisfy a ‘condition of release’.

SMSF members who illegally access their benefits may be liable for additional income tax and administrative penalties, and they could be disqualified as a trustee.

For taxpayers who have illegally accessed their super, returning it to the fund may be considered a new contribution.  Depending on their contribution caps, this may result in additional tax on excess contributions.

Taxpayers should beware of people promoting ‘early access schemes’ to withdraw their super early (other than by legal means).  They can protect themselves from promoters of such schemes by:

  • stopping any involvement with the scheme, organisation or person who approached them;
  • not signing any documents, and not providing any of their personal details such as their tax file number; and
  • making a ‘tip-off’ to the ATO online or by phoning the ATO on 13 10 20.

Taxpayer’s claims for various ‘home business’ expenses rejected

In a recent decision, the AAT rejected in full a taxpayer’s claims for “several classes or categories of deductions.”

For the relevant period of 1 July 2021 to 30 June 2022, the taxpayer was (according to his employer) a ‘technical architect’. 

However, the taxpayer also claimed he worked from home 6am to 11pm seven days a week, 365 days of the year (as he was ‘always on call’), and his income tax return for the 2022 financial year claimed a wide range of deductions, totalling approximately $40,000.

The AAT separately considered each category of deductions claimed, and rejected each in turn.

In relation to his home office ‘occupancy expenses’ (e.g., for home insurance, council rates, waste disposal, water rates, and repairs), the AAT noted that the ‘home office’ rooms (comprising floorspace occupying 31% of the dwelling’s total floor area) were not physically separate from the remainder of the dwelling, which the taxpayer shared with four other members of his family.

Home office running expenses (e.g., gas, power and internet) were disallowed on the grounds that the taxpayer had “not properly established an entitlement to such deductions or otherwise appropriately apportioned them between private or work-related activities.”  The AAT found his 100% claim for the internet, on the basis that the other members of the household did not use the internet connection, “very difficult to accept”.

In relation to plant and equipment expenses, the evidence was “largely non-existent.”

In relation to consumable expenses, the AAT noted that they appeared to be for goods or services of a private or domestic nature (including medications, toilet paper, milk, tea, sugar and insect spray).

The AAT also rejected the taxpayer’s claim for “payments made to his spouse for tax management, office cleaning and document management/storage”, noting that the services provided were generally of a private or domestic nature, and that the rendering of invoices by the spouse “has a degree of artificiality to it”.

ATO reminder about family trust elections

Taxpayers may be considering whether they should make a family trust election (‘FTE’) for a trust, or an interposed entity election (‘IEE’) for a trust or other entity.

Making an FTE provides access to certain tax concessions (assuming the relevant tests and conditions are satisfied), although there are important things to consider.

In particular, once the election is in effect, family trust distribution tax (‘FTDT’) is imposed when distributions are made outside the family group of the ‘specified individual’.  FTDT is a 47% tax, payable by a trustee, director, or partner, as the case may be (depending on the entity).

Taxpayers should review FTEs and IEEs annually to ensure they remain appropriate.  Taxpayers can only revoke or vary FTEs and IEEs in limited circumstances and subject to certain conditions.

Before making a distribution or annual trust resolutions, trustees should identify the members of the specified individual’s family group.  This will help avoid FTDT liabilities.

Editor: Please contact our office if you require any assistance in this regard.

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.

Christmas Parties
& Gifts 2024

December 2024

Year-end (and other) staff parties

Editor:  With the well earned December/January holiday season on the way, many employers will be planning to reward staff with a celebratory party or event.  However, there are important issues to consider, including  the possible FBT and income tax implications of providing ‘entertainment’ (including Christmas parties) to staff and clients. 

FBT and ‘entertainment’

Under the FBT Act, employers must choose how they calculate their FBT meal entertainment liability, and most use either the ‘actual method’ or the ’50/50 method’, rather than the ’12-week method’.

Using the actual method

Under the actual method, entertainment costs are normally split up between employees (and their family) and non-employees (e.g., clients).

Such expenditure on employees is deductible and liable to FBT.  Expenditure on non-employees is not liable to FBT and not tax deductible.

Using the 50/50 method

Rather than apportioning meal entertainment expenditure on the basis of actual attendance by employees, etc., many employers choose to use the more simple 50/50 method.

Under this method (irrespective of where the party is held or who attends) 50% of the total expenditure is subject to FBT and 50% is tax deductible.

However, the following traps must be considered:

  • even if the function is held on the employer’s premises – food and drink provided to employees is not exempt from FBT;
  • the minor benefit exemption* cannot apply; and
  • the general taxi travel exemption (for travel to or from the employer’s premises) also cannot apply.

(*) Minor benefit exemption

The minor benefit exemption provides an exemption from FBT for most benefits of ‘less than $300’ that are provided to employees and their associates (e.g., family) on an infrequent and irregular basis.

The ATO accepts that different benefits provided at, or about, the same time (such as a Christmas party and a gift) are not added together when applying this $300 threshold.

However, entertainment expenditure that is FBT-exempt is also not deductible.

Editor:  ‘Less than’ $300 means no more than $299.99!  A $300 gift to an employee will be caught for FBT, whereas a $299 gift may be exempt.

 

Example: Christmas party

An employer holds a Christmas party for its employees and their spouses – 40 attendees in all.

The cost of food and drink per person is $250 and no other benefits are provided.

If the actual method is used: 

  • For all 40 employees and their spouses – no FBT is payable (i.e., if the minor benefit exemption is available), however, the party expenditure is not tax deductible.

If the 50/50 method is used:

  • The total expenditure is $10,000, so $5,000 (i.e., 50%) is liable to FBT and tax deductible.

Christmas gifts

Editor:  With the holiday season approaching, many employers and businesses want to reward their staff and loyal clients/customers/suppliers.

Again, it is important to understand how gifts to staff and clients, etc., are handled ‘tax-wise’.

Gifts that are not considered to be entertainment

These generally include a Christmas hamper, a bottle of whisky or wine, gift vouchers, a bottle of perfume, flowers or a pen set, etc.

Briefly, the general FBT and income tax consequences for these gifts are as follows:

  • gifts to employees and their family members – are liable to FBT (except where the ‘less than $300’ minor benefit exemption applies) and tax deductible; and
  • gifts to clients, suppliers, etc. – no FBT, and tax deductible.

Gifts that are considered to be entertainment

These generally include, for example, tickets to attend the theatre, a live play, sporting event, movie, etc, a holiday airline ticket, or an admission ticket to an amusement centre.

Briefly, the general FBT and income tax consequences for these gifts are as follows:

  • gifts to employees and their family members – are liable to FBT (except where the ‘less than $300’ minor benefit exemption applies) and tax deductible (unless they are exempt from FBT); and
  • gifts to clients, suppliers, etc. – no FBT and not tax deductible.

Non-entertainment gifts at functions

Editor:  What if a Christmas party is held at a restaurant at a cost of less than $300 for each person attending, and employees are given a gift or a gift voucher (for their spouse) to the value of $150?

Actual method used for meal entertainment

Under the actual method no FBT is payable, because the cost of each separate benefit (being the expenditure on the Christmas party and the gift respectively) is less than $300 (i.e., the benefits are not aggregated).

No deduction is allowed for the food and drink expenditure, but the cost of each gift is tax deductible.

50/50 method used for meal entertainment

Where the 50/50 method is adopted:

  • 50% of the total cost of food and drink is liable to FBT and tax deductible; and
  • in relation to the gifts:

            the total cost of all gifts is not liable to FBT because the individual cost of each gift is less than $300; and

            as the gifts are not entertainment, the cost is tax deductible.

Editor:  We understand that this can all be somewhat bewildering, so if you would like a little help, just contact our office.

Need more help or information?

Click the link below to contact us at Plus 1.

Open Hours

Monday to Friday
8:00am to 5:00pm

Closed Public Holidays

plus-1-logo

If you need to get us documents quickly, access remote support, or the MYOB Portal click the button above.

Contact Us

27 Welsford Street
Shepparton, VIC 3630

T: (03) 5833 3000
F: (03) 5831 2988
Email Us

Reports of stolen shares due to identity theft on the rise

Reports of stolen shares due to identity theft on the rise

Reports of stolen shares due to identity theft on the rise

Returning to Work

ASIC is warning investors to be on high alert following a significant increase in reports of stolen shares since August 2024 from people who have had their personal identity compromised.

Fraudsters are impersonating individuals and stealing their shares, with many victims unaware their shares have been transferred or sold until they receive a confirmation letter in the mail from a share registry or the Clearing House Electronic Subregister System (CHESS).

Australians previously affected by data breaches should be particularly alert to the increased likelihood of identity theft, given the availability of their personal information online.

Fraudulent activity using stolen identities is increasingly sophisticated, so it’s important to be vigilant and follow through with checks when you receive notifications that are unexpected or do not look right to you.

How does share sale fraud work?

A fraudster claiming to be ‘Jane Citizen’ creates a share trading account to sell shares owned by the real Jane Citizen. The ID used to open the account is stolen or fake, with the security reference number or holder identification number for Jane Citizen’s shares illegally obtained. A bank account may also be fraudulently opened with the name ‘Jane Citizen’ to receive proceeds from the share sale.

ASIC said it was important people know fraudsters can gather personal information not only from information available online but also by stealing mail from letterboxes.

ASIC strongly encourages all investors to be on the lookout for suspicious activity when it comes to their share registry, share trading and bank accounts, and to take steps as soon as something doesn’t look right.

How to be vigilant and act if something looks suspicious

  • Review your share portfolios regularly, regardless of whether they are issuer-sponsored holdings registered with share registries or held in share trading accounts with stockbrokers, so you’re quicker to detect unauthorised activity. It is also prudent to regularly review your other investment accounts such as super and managed funds. 
  • Use passphrases rather than simple passwords for online accounts.
  • Turn on multi-factor authentication, if it’s available, as this can add an extra layer of security to prove your identity.
  • Lock your letterbox to prevent mail theft and check it frequently.
  • Ensure you have provided your most up to date contact details to your stockbroker, share registries and financial services providers.
  • If you receive a new bank card or correspondence that is unexpected, like an update on how your shares are held, the creation of a new account, a notification of sale of your shares or confirmation of a change in contact details, don’t ignore the correspondence.
  • If something is unexpected or feels wrong, act quickly. Call your stockbroker, the share registry or bank if there is activity you didn’t authorise and change your passwords.
  • Contact the party that sent you the correspondence using the contact details from the organisation’s official website (not the email or letter which may be fraudulent).
  • Report any incidents to Scamwatch.
  • Contact IDCARE, a free government-funded service, which can help to develop a specific response plan if your identity has been compromised.
  • If you’re a victim of fraud, you may also request that credit reporting bodies place a ban period on your consumer credit report, so it can’t be used as part of a credit check.

Where to go for more information

See our Moneysmart website for a range of tips to protect yourself from identity fraud.

You can also find further information on the Government’s IDMatch website.

Need more help or information?

Click the link below to contact us at Plus 1.

Open Hours

Monday to Friday
8:00am to 5:00pm

Closed Public Holidays

plus-1-logo

If you need to get us documents quickly, access remote support, or the MYOB Portal click the button above.

Contact Us

27 Welsford Street
Shepparton, VIC 3630

T: (03) 5833 3000
F: (03) 5831 2988
Email Us

NSW Farmers Loan Programs

NSW Farmers Loan Programs

NSW Farmers Loan Programs

Returning to Work

Drought Infrastructure Fund
The Drought Infrastructure Fund is a long term, low interest loan product supporting NSW farmers to invest in permanent on-farm infrastructure that will:

manage adverse seasonal conditions – improve water efficiencies with irrigation systems, cap and piping of bores, new dams, install water tanks and desilting of ground tanks
ensure long term sustainability – increase the viability of a farm business and improve pasture and soil health, plant trees for shade and wildlife corridors, eradicate weeds, flood proof property and fence river banks.
improve farm productivity – reduce risks and improve efficiencies by building fodder and grain storage facilities, sheds, fencing, roadworks and solar power conversions.
Eligible producers can borrow up to $1 million per project, with a total of $1 million outstanding at any one time to build on-farm infrastructure, including stock containment areas. A 2.5% fixed interest rate is applied to Drought Infrastructure Fund loans which can be repaid over a period of 20 years.

Applications are now open and will continue to be accepted until program funding is exhausted.

Call Plus 1 Group to find out more and help you apply.

Who can apply?

The Drought Infrastructure Fund is available to farmers in NSW to meet the cost of carrying out permanent capital works that will have a significant beneficial impact on the land, long term profitability of the business and address adverse seasonal conditions.

Drought Ready and Resilient Fund
Through the Drought Ready and Resilient Fund, eligible primary producers can access a low interest loan up to $250,000 to help prepare for, manage and recover from drought.

The loan can be used for products, activities and services relating to animal welfare, farm preparedness, income diversification, environmental improvements as well as training and business development.

The Drought Ready and Resilient Fund loan facility has been designed to complement the existing Drought Infrastructure Fund loan product, formerly known as the Farm Innovation Fund.

Applications are now open and will continue to be accepted until program funding is exhausted.

Who can apply?

The Drought Ready and Resilient Fund loan is available to eligible sole traders, partnerships, trusts or private companies who operate in the primary production sector in NSW.

To be eligible, applicants must earn at least 50% of gross income or at least $75,000 in one year from the primary production business, or be a bona fide primary production enterprise.

Call Plus 1 Group to find out more and help you apply.

Need more help or information?

Click the link below to contact us at Plus 1.

Open Hours

Monday to Friday
8:00am to 5:00pm

Closed Public Holidays

plus-1-logo

If you need to get us documents quickly, access remote support, or the MYOB Portal click the button above.

Contact Us

27 Welsford Street
Shepparton, VIC 3630

T: (03) 5833 3000
F: (03) 5831 2988
Email Us