As the festive season approaches, many businesses are planning Christmas parties and gifts. But how can you avoid giving an unexpected present to the Australian Tax Office (ATO)? Here are some key considerations for making your holiday celebrations more tax-efficient.

Can You Make Your Staff Christmas Party Tax Deductible or Tax-Free?

While completely avoiding taxes may not be possible, you can structure your festivities to minimize tax liabilities. However, keep in mind that if you avoid fringe benefits tax (FBT), you typically won’t be able to claim a tax deduction or goods and services tax (GST) credits for the expenses. Here’s how it works:

No FBT Option

• In-office parties: Hosting a Christmas party in your office during a regular workday is usually FBT-exempt for food and drinks. Taxi travel to or from the office for the party is also FBT-free, which can be helpful if employees need a safe way home.
• External venues under $300 per person: If your party is held off-site and the cost per attendee is under $300 (the minor benefit threshold), FBT generally doesn’t apply. However, you won’t be able to claim a tax deduction or GST credits for these expenses.

Tax-Deductible Option

• More extravagant celebrations: If the cost of your off-site Christmas party exceeds the $300 minor benefit threshold per person, you’ll incur FBT but can claim a tax deduction and GST credits for the expenses.

Are Client Gifts Tax Deductible?

Whether or not client gifts are tax-deductible depends on the nature of the gift and its purpose. Gifts given with the expectation of benefiting your business, such as promotional or marketing items, are deductible. However, gifts that qualify as entertainment (e.g., event tickets, meals, or golf outings) are not tax-deductible.

What About Gifts for Staff?

The key to tax-efficient staff gifts is to keep them below the $300 minor benefit threshold and ensure they are spontaneous and one-off. Gifts like cash bonuses are treated as regular income and taxed accordingly, so they’re not as tax-friendly as non-cash items.

Some tips for tax-efficient gifting:

• Avoid ongoing benefits like gym memberships.
• Don’t give multiple identical gifts to the same person that cumulatively exceed $300.
• Spread gifts throughout the year to stay within the minor benefit limits.

Are Client Lunches or Drinks Deductible?

Unfortunately, entertaining clients with meals, drinks, or other forms of entertainment is not tax-deductible, whether during Christmas or any other time of the year. The ATO takes a firm stance against subsidizing such expenses, ensuring taxpayers don’t foot the bill for your social activities.

Planning your Christmas celebrations with tax considerations in mind can help you manage costs effectively. While it’s difficult to avoid all taxes, understanding the rules around FBT, deductions, and minor benefits can make a significant difference. Happy holidays, and may your celebrations be both festive and financially savvy!

Pitt Martin Group is a CPA accounting firm, providing services including taxation, accounting, business consulting, self-managed superannuation funds, auditing and mortgage & finance. We spend hundreds of hours each year on training and researching new tax laws to ensure our clients can maximize legitimate tax benefit. Our contact information are phone +61292213345 or email info@pittmartingroup.com.au. Pitt Martin Group is located in the convenient transportation hub of Sydney’s central business district. Our honours include the 2018 CPA NSW President’s Award for Excellence, the 2020 Australian Small Business Champion Award Finalist, the 2021 Australia’s well-known media ‘Accountants Daily’ the Accounting Firm of the Year Award Finalist and the 2022 Start-up Firm of the Year Award Finalist, and the 2023 Hong Kong-Australia Business Association Business Award Finalist.

Pitt Martin Group qualifications include over fifteen years of professional experience in accounting industry, membership certification of the Australian Society of Certified Practising Accountants (CPA), Australian Taxation Registered Agents, certified External Examiner of the Law Societies of New South Wales, Victoria, and Western Australia Law Trust Accounts, membership certification of the Finance Brokers Association of Australia Limited (FBAA), Registered Agents of the Australian Securities and Investments Commission (ASIC), certified Advisor of accounting software such as XERO, QUICKBOOKS, MYOB, etc.

This content is for reference only and does not constitute advice on any individual or group’s specific situation. Any individual or group should take action only after consulting with professionals. Due to the timeliness of tax laws, we have endeavoured to provide timely and accurate information at the time of publication, but cannot guarantee that the content stated will remain applicable in the future. Please indicate the source when forwarding this content.

By Yvonne Shao @ Pitt Martin Tax

The Federal Court recently decided against a sports company that wanted to claim tax benefits for research and development (R&D) work on an Australian signature basketball shoe.

The case brings to mind the success of Nike’s Air Jordan shoes, famously highlighted in the movie Air. Originally, Nike expected these shoes to earn $3 million by the fourth year. However, they became a massive success, earning $126 million in the first year alone. Nike sold 1.5 million pairs within six weeks. Marketing played a big role, hinting that the colorful shoes violated NBA rules. Today, the Jordan brand is a key part of Nike’s success. By May 31, 2024, it was worth $7 billion and saw a 6% increase in sales during the fourth quarter.

In Australia, Peak Australia tried to replicate similar success with the Delly1 shoe. This shoe was designed with the help of Matthew Dellavedova, an Australian Olympian and NBA champion. Dellavedova worked closely on the shoe, stating in interviews that he wanted it to be low-cut, lightweight, and comfortable for defending quick players in the NBA. He said the team made small adjustments based on his feedback during the testing phase.

However, the key question was whether the work done to create the Delly1 shoe qualified as R&D under tax law.

How R&D Tax Incentives Work

Australia’s R&D tax incentive program is meant to encourage companies to perform research they might not do otherwise. The program offers tax benefits based on how much a company spends on qualifying R&D activities. The type of tax benefit depends on the company’s situation. To qualify, the activities must either be “core” or “supporting.”

Core R&D activities involve solving problems that can only be addressed through scientific methods and experiments. The goal is to create new knowledge. Supporting activities are those that directly assist core R&D work.

Active Sports Management Pty Ltd applied with Industry Innovation and Science Australia (IISA), to have their work on the Delly1 shoe recognized as core R&D. They said the process involved detailed research and testing.

Why the Claim Was Denied

Despite the company’s claims, the Australian Taxation Office (ATO), the Administrative Appeals Tribunal, and the Federal Court all rejected the application. They found that the shoe’s development didn’t meet the standards for core R&D. According to the courts, the work didn’t involve significant technical or scientific uncertainty. Instead, it seemed to focus more on personal preferences and design adjustments.

As a result, the company couldn’t claim R&D tax incentives for their work on the Delly1.

Pitt Martin Group is a CPA accounting firm, providing services including taxation, accounting, business consulting, self-managed superannuation funds, auditing and mortgage & finance. We spend hundreds of hours each year on training and researching new tax laws to ensure our clients can maximize legitimate tax benefit. Our contact information are phone +61292213345 or email info@pittmartingroup.com.au. Pitt Martin Group is located in the convenient transportation hub of Sydney’s central business district. Our honours include the 2018 CPA NSW President’s Award for Excellence, the 2020 Australian Small Business Champion Award Finalist, the 2021 Australia’s well-known media ‘Accountants Daily’ the Accounting Firm of the Year Award Finalist and the 2022 Start-up Firm of the Year Award Finalist, and the 2023 Hong Kong-Australia Business Association Business Award Finalist.

Pitt Martin Group qualifications include over fifteen years of professional experience in accounting industry, membership certification of the Australian Society of Certified Practising Accountants (CPA), Australian Taxation Registered Agents, certified External Examiner of the Law Societies of New South Wales, Victoria, and Western Australia Law Trust Accounts, membership certification of the Finance Brokers Association of Australia Limited (FBAA), Registered Agents of the Australian Securities and Investments Commission (ASIC), certified Advisor of accounting software such as XERO, QUICKBOOKS, MYOB, etc.

This content is for reference only and does not constitute advice on any individual or group’s specific situation. Any individual or group should take action only after consulting with professionals. Due to the timeliness of tax laws, we have endeavoured to provide timely and accurate information at the time of publication, but cannot guarantee that the content stated will remain applicable in the future. Please indicate the source when forwarding this content.

By Angela Abejo @ Pitt Martin Tax

Working with overseas, non-resident workers can be a great opportunity for Australian businesses, but it also brings some important tax responsibilities. Let’s break this down in simple terms to help you understand the basics.

Understand the Worker’s Status

Before anything else, you need to figure out if the worker is an employee or an independent contractor. This is important because tax rules apply differently to each type. The Australian Taxation Office (ATO) provides guidance on this in their Employee or Independent Contractor resource, but if you’re unsure, seeking professional advice is a good idea.

Tax Rules for Employees

If the worker is classified as an employee and they are not a resident of Australia for tax purposes, here are the main things you should know:

1. Tax on Income
   Non-resident employees are generally taxed in Australia only on income earned from an Australian source. For instance, if the work is done entirely overseas, it might not be taxed in Australia.

However, you must check if a Double Tax Agreement (DTA) between Australia and the worker’s home country applies. Australia has around 45 DTAs, which help decide how income is taxed in such cases. For example, the DTA between Australia and the Philippines (Article 15) typically prevents Australia from taxing income unless the work is done within Australia.

2. PAYG Withholding
   Normally, you don’t need to withhold Pay As You Go (PAYG) tax if the employee is a non-resident and earns income from a foreign source.
3. Superannuation
   If the worker is a non-resident and performs all work overseas, superannuation contributions are not required under Australian rules. However, you’ll need to check the worker’s local laws to see if superannuation or similar payments are necessary in their home country.
4. Local Tax Advice
   It’s essential to get advice from a tax expert in the worker’s home country. They can guide you on obligations like withholding taxes or pension contributions.

Tax Rules for Independent Contractors

If the worker is a genuine independent contractor (or operates through a trust or company), here are the key points:

1. Tax on Income
   Non-resident contractors are taxed in Australia only on income earned from an Australian source. For example, under Article 7 of the DTA with the Philippines, Australia generally cannot tax the contractor’s income unless they have a permanent establishment in Australia.
2. PAYG Withholding
   In most cases, you won’t need to withhold PAYG tax if:
   • The contractor has an Australian Business Number (ABN).
   • The DTA prevents Australian taxation.
   • The contractor isn’t conducting a business in Australia.

If the contractor works entirely overseas with no physical presence in Australia, they likely don’t carry on a business in Australia.

3. Reporting to the ATO
   Payments to foreign contractors might need to be reported in the Taxable Payments Annual Report (TPAR) if your business operates in areas like construction, cleaning, IT, or security services.

What About Permanent Establishments?

Hiring overseas workers could lead to your business being seen as operating in their home country. This is called a permanent establishment, and it might mean you have to pay tax in that country.

A permanent establishment usually refers to having a fixed place of business in another country, like an office or warehouse. However, each DTA has its own definition, so it’s important to understand how the rules apply to the specific country you’re working with.

Why Get Professional Advice?

The rules around international workers and taxes can get complicated quickly. Mistakes can lead to unnecessary taxes or penalties. That’s why it’s always a good idea to:

• Seek advice from tax professionals in both Australia and the worker’s home country.
• Understand your obligations clearly to avoid surprises.

By handling these details carefully, you can focus on making the most of your international partnerships while staying on the right side of the law.

Pitt Martin Group is a CPA accounting firm, providing services including taxation, accounting, business consulting, self-managed superannuation funds, auditing and mortgage & finance. We spend hundreds of hours each year on training and researching new tax laws to ensure our clients can maximize legitimate tax benefit. Our contact information are phone +61292213345 or email info@pittmartingroup.com.au. Pitt Martin Group is located in the convenient transportation hub of Sydney’s central business district. Our honours include the 2018 CPA NSW President’s Award for Excellence, the 2020 Australian Small Business Champion Award Finalist, the 2021 Australia’s well-known media ‘Accountants Daily’ the Accounting Firm of the Year Award Finalist and the 2022 Start-up Firm of the Year Award Finalist, and the 2023 Hong Kong-Australia Business Association Business Award Finalist.

Pitt Martin Group qualifications include over fifteen years of professional experience in accounting industry, membership certification of the Australian Society of Certified Practising Accountants (CPA), Australian Taxation Registered Agents, certified External Examiner of the Law Societies of New South Wales, Victoria, and Western Australia Law Trust Accounts, membership certification of the Finance Brokers Association of Australia Limited (FBAA), Registered Agents of the Australian Securities and Investments Commission (ASIC), certified Advisor of accounting software such as XERO, QUICKBOOKS, MYOB, etc.

This content is for reference only and does not constitute advice on any individual or group’s specific situation. Any individual or group should take action only after consulting with professionals. Due to the timeliness of tax laws, we have endeavoured to provide timely and accurate information at the time of publication, but cannot guarantee that the content stated will remain applicable in the future. Please indicate the source when forwarding this content.

By Angela Abejo @ Pitt Martin Tax

Australia prides itself on maintaining a more equitable approach to education compared to the United States, where access to higher education often depends on financial circumstances. The stark difference is reflected in the average student debt figures. In the US, student debt averages USD $37,693 per person and can take up to 20 years to repay. Despite this, many US students face gaps in funding that loans cannot fully address.

In contrast, Australian domestic students benefit from a more structured and accessible loan system, primarily through HECS-HELP. The cost of obtaining a bachelor’s degree in Australia typically ranges from $20,000 to $45,000, though certain high-value courses like medicine can exceed this range. HECS-HELP loans are available for eligible students, covering tuition fees up to $121,844 for most degrees and $174,998 for courses like medicine and dentistry.

Currently, around 3 million Australians carry higher education student debt, which collectively exceeds $81 billion. The average debt per student is approximately $27,000, and repayment typically spans a little over eight years. More than 7,000 Australians have loans surpassing $100,000.

Current HECS-HELP Repayment Terms

Repayment for HECS-HELP loans starts when an individual’s income reaches $54,435. The repayment rate scales progressively with income, beginning at 1% and peaking at 10% for those earning $159,664 or more.

Proposed Changes to HECS-HELP

The Australian Government has introduced a series of reforms to HECS-HELP loans aimed at addressing concerns over rising debt and repayment burdens. While these changes are not yet law, they propose significant improvements:

1. Indexation Adjustments: The indexation rate for HECS-HELP loans will be the lower of the Consumer Price Index (CPI) or Wage Price Index (WPI), instead of the current CPI-based calculation. This change, intended to be backdated to 1 June 2023, would eliminate the 7.1% increase applied in 2023.
2. Higher Repayment Threshold: From 2025-26, the minimum income threshold for repayments will increase to $67,000. Additionally, repayments will only apply to the portion of income exceeding this threshold, not the entire annual income.
3. Loan Reductions: A 20% reduction will apply to all outstanding study and training support loans before 1 June 2025. This measure would alleviate around $16 billion in debt.

Deductibility of HECS-HELP Loan Repayments

While the proposed changes aim to reduce the burden on borrowers, there is ongoing debate about whether HECS-HELP repayments should be tax-deductible. Unlike other forms of debt, such as business or investment loans, HECS-HELP repayments do not qualify for tax deductions, even though education often serves as an investment in an individual’s earning potential.

Allowing tax deductibility for HECS-HELP repayments could provide immediate financial relief for borrowers, particularly those in middle-income brackets. It would incentivize individuals to repay loans sooner, potentially reducing overall debt levels. Moreover, tax-deductibility would align with the principle of encouraging skill acquisition and workforce development, which benefits the broader economy.

Balancing the System

The discussion around student loans in Australia reflects broader concerns about affordability, accessibility, and equity in education. While HECS-HELP provides substantial support compared to systems in other countries, the growing total debt and repayment challenges indicate room for improvement.

By implementing reforms such as indexation changes, higher thresholds, and potentially introducing tax deductibility, Australia could further enhance its higher education funding system to support students and graduates more effectively. These changes would ensure that education remains a pathway to opportunity rather than a lifelong financial burden.

Pitt Martin Group is a CPA accounting firm, providing services including taxation, accounting, business consulting, self-managed superannuation funds, auditing and mortgage & finance. We spend hundreds of hours each year on training and researching new tax laws to ensure our clients can maximize legitimate tax benefit. Our contact information are phone +61292213345 or email info@pittmartingroup.com.au. Pitt Martin Group is located in the convenient transportation hub of Sydney’s central business district. Our honours include the 2018 CPA NSW President’s Award for Excellence, the 2020 Australian Small Business Champion Award Finalist, the 2021 Australia’s well-known media ‘Accountants Daily’ the Accounting Firm of the Year Award Finalist and the 2022 Start-up Firm of the Year Award Finalist, and the 2023 Hong Kong-Australia Business Association Business Award Finalist.

Pitt Martin Group qualifications include over fifteen years of professional experience in accounting industry, membership certification of the Australian Society of Certified Practising Accountants (CPA), Australian Taxation Registered Agents, certified External Examiner of the Law Societies of New South Wales, Victoria, and Western Australia Law Trust Accounts, membership certification of the Finance Brokers Association of Australia Limited (FBAA), Registered Agents of the Australian Securities and Investments Commission (ASIC), certified Advisor of accounting software such as XERO, QUICKBOOKS, MYOB, etc.

This content is for reference only and does not constitute advice on any individual or group’s specific situation. Any individual or group should take action only after consulting with professionals. Due to the timeliness of tax laws, we have endeavoured to provide timely and accurate information at the time of publication, but cannot guarantee that the content stated will remain applicable in the future. Please indicate the source when forwarding this content.

By Zoe Ma @ Pitt Martin Tax

While cost-of-living pressures have slightly eased this year, consumers and businesses alike continue to feel financial strain, making careful planning essential for companies navigating the holiday season. Christmas can bring both opportunities and challenges for businesses, so let’s explore what “makes or breaks” the season from a business perspective.

Managing Seasonal Disruption and Volatility

The holiday rush is underway, and as businesses race to capture any remaining opportunities before the Christmas slowdown, many find themselves grappling with dislocation and unpredictability. Christmas disrupts regular operations, creating periods of volatility that are challenging for businesses to manage without thorough planning.

Consumers, facing ongoing living cost pressures, are particularly cautious. Many households with mortgages are feeling the pinch as fixed-rate loans roll over into higher variable rates. Although energy subsidies and lower fuel costs offer some respite, overall inflation—especially for services like rent, insurance, and personal care—remains above target. The Reserve Bank of Australia has hinted that interest rate reductions are still some way off, so consumers are seeking value for every dollar they spend. Ironically, if spending spikes this season, it may delay future rate cuts, as increased spending can further fuel inflation. However, given inflation, consumers will naturally spend more this year just to match last year’s buying power.

The Discount Dilemma

Discounting remains a key strategy during the holiday season, but businesses must approach it carefully. Knowing your profit margins is essential before offering discounts. For instance, a 20% gross profit margin business offering a 15% discount would need to triple sales volume just to break even. Without careful planning, discounts may lead to losses if sales don’t increase significantly.

Discounting works best when you have excess stock, older inventory that needs to move, or if it generates demand and attracts new customers. Value doesn’t always have to come from direct discounts; bundling products can be more profitable. Packaging high-demand items with lower-demand stock or offering quantity discounts can create value for customers without eroding profits.

Holiday Cost Management

Operating costs often rise around Christmas, with increased staffing, reduced efficiency, downtime on non-trading days, and higher marketing expenses. While it’s essential to embrace the season, careful cost management is necessary to avoid a financial “hangover” in the New Year. If hiring casual employees, ensure they’re paid correctly, including superannuation contributions, to stay compliant.

Planning for New Year Cash Flow

The start of the New Year can bring reduced business activity and tight cash flow. Historically, the March quarter tends to be the hardest quarter for cash flow, so building a buffer is essential. Overextending during the holiday rush may lead to issues in the quieter months ahead.

Lessons from Scrooge: Managing Debts

For businesses working with account customers, it’s wise to start debt collection efforts early, as many clients may face financial pressure during the holiday season. Early follow-ups on overdue accounts increase the chances of getting paid, while waiting could mean missed payments if clients run out of cash.

Inventory Management for the Christmas Rush

If holiday sales are booming, businesses may feel tempted to stock up. While this makes sense, overstocking can lead to excess post-holiday inventory or too much cash tied up in stock. Instead, aim to work with suppliers who can provide goods on short notice to avoid tying up funds. Additionally, if items are out of stock in-store, offer customers online options to complete sales, ensuring no missed opportunities.

While Christmas can be a profitable time, it’s easy to get caught up in the excitement and overlook essential business practices. With careful planning, effective cost management, and a focus on customer needs, businesses can make the most of the holiday season without unnecessary setbacks.

Pitt Martin Group is a CPA accounting firm, providing services including taxation, accounting, business consulting, self-managed superannuation funds, auditing and mortgage & finance. We spend hundreds of hours each year on training and researching new tax laws to ensure our clients can maximize legitimate tax benefit. Our contact information are phone +61292213345 or email info@pittmartingroup.com.au. Pitt Martin Group is located in the convenient transportation hub of Sydney’s central business district. Our honours include the 2018 CPA NSW President’s Award for Excellence, the 2020 Australian Small Business Champion Award Finalist, the 2021 Australia’s well-known media ‘Accountants Daily’ the Accounting Firm of the Year Award Finalist and the 2022 Start-up Firm of the Year Award Finalist, and the 2023 Hong Kong-Australia Business Association Business Award Finalist.

Pitt Martin Group qualifications include over fifteen years of professional experience in accounting industry, membership certification of the Australian Society of Certified Practising Accountants (CPA), Australian Taxation Registered Agents, certified External Examiner of the Law Societies of New South Wales, Victoria, and Western Australia Law Trust Accounts, membership certification of the Finance Brokers Association of Australia Limited (FBAA), Registered Agents of the Australian Securities and Investments Commission (ASIC), certified Advisor of accounting software such as XERO, QUICKBOOKS, MYOB, etc.

This content is for reference only and does not constitute advice on any individual or group’s specific situation. Any individual or group should take action only after consulting with professionals. Due to the timeliness of tax laws, we have endeavoured to provide timely and accurate information at the time of publication, but cannot guarantee that the content stated will remain applicable in the future. Please indicate the source when forwarding this content.

By Yvonne Shao @ Pitt Martin Tax

The Australian government is planning to ban life insurers from using predictive genetic test results to discriminate against people. Predictive genetic tests can identify gene variants linked to diseases that might appear later in life but are not yet visible when the test is done.

Right now, some people are worried that life insurers might deny them coverage or charge higher premiums if they take these tests, so they avoid genetic testing altogether. To address this, the government has proposed a total ban on the use of these genetic test results by life insurers.

How Life Insurance Works

Life insurance is a type of voluntary insurance that’s based on individual risk. Insurers consider factors like your family’s medical history and your personal habits to set your premiums. Once you have life insurance, it’s guaranteed renewable, meaning the insurer can’t cancel or change your policy as long as you keep paying the premiums, even if your health changes. This is why people need to think carefully before switching life insurance policies, especially if they’ve developed health issues since their first policy was issued.

The Current Moratorium on Genetic Testing

In 2019, Australia introduced a partial moratorium on disclosing genetic test results for certain life insurance applications. This moratorium, effective from 1 July 2019, prevents the use of genetic test results for some types of coverage below specific thresholds. However, based on APRA data, these thresholds are considerably lower than the average sum insured:

Policy cover	Moratorium limit	APRA average
Death	$500,000	$713,959
Total permanent disability	$500,000	$849,128
Trauma and/or critical illness	$200,000	$207,414
Disability income insurance	$4,000* a month	$7,706 a month

* any combination of income protection, salary continuance or business expenses cover.

Ongoing Discrimination Concerns

Even with this moratorium, many people still worry that taking a genetic test could hurt their chances of getting affordable life insurance. Research from Monash University found that 35% of people who had taken a genetic test faced difficulties getting life insurance. Some had their applications rejected, while others were advised by financial professionals that they wouldn’t qualify for coverage. Insurers sometimes placed restrictions on policies or charged higher premiums based on test results. In one case, a 43-year-old woman with a BRCA2 gene variant, who had taken preventative measures like surgery, was denied life insurance, even though she had no personal history of cancer.

The Government’s Response

The Australian government has now announced a full ban on the use of predictive genetic tests in life insurance underwriting. This ban is meant to stop the discrimination that still exists. However, the government has not yet introduced the legislation for these reforms or announced when the ban will take effect. The ban will be reviewed after five years, and it only applies to predictive genetic tests, not to diagnostic tests done to confirm an existing condition based on symptoms.

Global Examples

Australia isn’t the only country facing this issue. In the UK, insurers can’t use genetic test results unless the information benefits the person applying for insurance, or the person voluntarily provides the results. There’s one exception: insurers can use genetic test results for Huntington’s disease for life insurance policies worth over £500,000.

In Canada, the Genetic Non-Discrimination Act makes it illegal for insurers or any other entity to ask for or use genetic test results, except when the individual voluntarily discloses a negative result (meaning they don’t have the genetic condition that runs in their family).

In the United States, the Genetic Information Nondiscrimination Act (GINA) prevents genetic test results from being used in health insurance and employment, but not in life insurance. However, Florida has a state law that bans the use of predictive genetic test results in life insurance underwriting.

Conclusion

While genetic testing has the potential to improve health outcomes, it has also created concerns about discrimination, especially in life insurance. Australia’s move to ban the use of predictive genetic tests in life insurance underwriting aims to protect consumers and encourage participation in genetic testing and research without fear of losing access to affordable life insurance.

Pitt Martin Group is a CPA accounting firm, providing services including taxation, accounting, business consulting, self-managed superannuation funds, auditing and mortgage & finance. We spend hundreds of hours each year on training and researching new tax laws to ensure our clients can maximize legitimate tax benefit. Our contact information are phone +61292213345 or email info@pittmartingroup.com.au. Pitt Martin Group is located in the convenient transportation hub of Sydney’s central business district. Our honours include the 2018 CPA NSW President’s Award for Excellence, the 2020 Australian Small Business Champion Award Finalist, the 2021 Australia’s well-known media ‘Accountants Daily’ the Accounting Firm of the Year Award Finalist and the 2022 Start-up Firm of the Year Award Finalist, and the 2023 Hong Kong-Australia Business Association Business Award Finalist.

Pitt Martin Group qualifications include over fifteen years of professional experience in accounting industry, membership certification of the Australian Society of Certified Practising Accountants (CPA), Australian Taxation Registered Agents, certified External Examiner of the Law Societies of New South Wales, Victoria, and Western Australia Law Trust Accounts, membership certification of the Finance Brokers Association of Australia Limited (FBAA), Registered Agents of the Australian Securities and Investments Commission (ASIC), certified Advisor of accounting software such as XERO, QUICKBOOKS, MYOB, etc.

This content is for reference only and does not constitute advice on any individual or group’s specific situation. Any individual or group should take action only after consulting with professionals. Due to the timeliness of tax laws, we have endeavoured to provide timely and accurate information at the time of publication, but cannot guarantee that the content stated will remain applicable in the future. Please indicate the source when forwarding this content.

By Angela Abejo @ Pitt Martin Tax

A significant shift in the administration of the superannuation guarantee (SG) is set to take place, introducing what is known as payday super. This change, aimed at improving the efficiency of super payments, will impose new obligations on employers starting 1 July 2026. Here’s what you need to know about the upcoming changes.

What’s Changing?

Under the new system, employers will be required to pay their employees’ SG contributions on the same day as salary and wages, a departure from the current practice of quarterly payments. This adjustment will help reduce the estimated AUD 3.4 billion gap between the super payments employees are entitled to and the actual contributions made. In addition, the government believes that this will improve employees’ retirement benefits. It is estimated that for a 25-year-old employee with an average income, if pensions are paid with wages instead of quarterly, their pension amount will increase by about 1.5% by the time they retire.

The announcement was made in the 2023-24 Federal Budget, though the payday super is not yet legislated. In anticipation of the changes, the Treasury has released a fact sheet to help employers prepare for the new requirements.

How Will Payday Super Work?

Under this new system, SG payments will be due within seven days after employees receive their ordinary time earnings (OTE). This means that employers must transfer SG contributions to employees’ super funds within a week of each payday. Some exceptions will apply, such as for new employees during their first two weeks of employment and small, irregular payments outside the usual pay cycle.

Many employers have already transitioned to Single Touch Payroll (STP) reporting, which electronically tracks employee wages. It is expected that payday super will integrate with these existing systems, with some minor adjustments to ensure OTE data is captured for super contributions.

Impact on Employers

The key challenge for many employers will not necessarily be the administrative burden but rather the impact on cash flow. Under the current system, businesses hold onto 12% of their payroll for up to 28 days after the quarter ends before paying SG. Under payday super, this money will need to be disbursed as soon as employees are paid, which could pose cashflow issues for some businesses. However, this change is expected to limit the risks of unpaid super, particularly in cases where a business becomes insolvent.

Consequences for Late Payments

Penalties for late or missed SG payments are already severe and will remain stringent under payday super. Currently, late payments trigger the superannuation guarantee charge (SGC), which consists of the unpaid SG amount, 10% annual interest starting from the quarter it was due, and a $20 administration fee per employee. Notably, these SGC amounts are non-deductible for the employer, even when settled.

Under the new payday super regime, penalties will become stricter, especially for repeated violations. If an employer fails to make SG payments on time, the following penalties will apply:

• Outstanding SG shortfall: Based on OTE (ordinary time earnings) rather than total wages.
• Notional earnings: Daily interest charged on the shortfall amount from the day after the due date, at the general interest charge rate.
• Administrative uplift: A penalty of up to 60% of the SG shortfall to cover enforcement costs, reduced if the employer voluntarily discloses the failure.
• General interest charge: Interest on any unpaid SG shortfall and notional earnings, plus any outstanding administrative penalties.
• SG charge penalty: Additional penalties of up to 50% of the unpaid SG charge if the debt is not cleared within 28 days of receiving the notice of assessment.

These penalties can quickly escalate, particularly for employers who have consistently underpaid or misclassified employees as contractors, leaving outstanding SG obligations. The new system will make such oversights costly. However, unlike the current SGC, under payday super, the SGC will become tax-deductible—excluding any penalties and interest accrued if the SG charge is not paid within 28 days.

Though not yet enacted, payday super represents a significant shift in the way superannuation is managed and paid. Employers will need to prepare for the upcoming changes and ensure they meet their new obligations once the law is finalized. Keep an eye on updates as the policy evolves to ensure compliance and avoid costly penalties.

Pitt Martin Group is a CPA accounting firm, providing services including taxation, accounting, business consulting, self-managed superannuation funds, auditing and mortgage & finance. We spend hundreds of hours each year on training and researching new tax laws to ensure our clients can maximize legitimate tax benefit. Our contact information are phone +61292213345 or email info@pittmartingroup.com.au. Pitt Martin Group is located in the convenient transportation hub of Sydney’s central business district. Our honours include the 2018 CPA NSW President’s Award for Excellence, the 2020 Australian Small Business Champion Award Finalist, the 2021 Australia’s well-known media ‘Accountants Daily’ the Accounting Firm of the Year Award Finalist and the 2022 Start-up Firm of the Year Award Finalist, and the 2023 Hong Kong-Australia Business Association Business Award Finalist.

Pitt Martin Group qualifications include over fifteen years of professional experience in accounting industry, membership certification of the Australian Society of Certified Practising Accountants (CPA), Australian Taxation Registered Agents, certified External Examiner of the Law Societies of New South Wales, Victoria, and Western Australia Law Trust Accounts, membership certification of the Finance Brokers Association of Australia Limited (FBAA), Registered Agents of the Australian Securities and Investments Commission (ASIC), certified Advisor of accounting software such as XERO, QUICKBOOKS, MYOB, etc.

This content is for reference only and does not constitute advice on any individual or group’s specific situation. Any individual or group should take action only after consulting with professionals. Due to the timeliness of tax laws, we have endeavoured to provide timely and accurate information at the time of publication, but cannot guarantee that the content stated will remain applicable in the future. Please indicate the source when forwarding this content.

By Yvonne Shao @ Pitt Martin Tax

Each month, we will explore various aspects of transferring property, such as estate planning, handling inheritances, and business succession. This month, let’s focus on the tax implications of inheriting assets—an area that can have significant financial consequences if not handled properly.

Beyond the emotional and logistical challenges of dividing assets, it’s critical to understand the tax consequences of how your wealth will flow to your beneficiaries. Depending on the type of asset and the tax status of the beneficiary—such as whether they are an Australian resident—the tax outcome can vary significantly.

Inheriting Cash

When cash is passed from the deceased to their estate, and then distributed to beneficiaries, there are generally no tax implications, provided the funds are in Australian dollars. Cash transfers in this context are typically straightforward and do not trigger capital gains tax (CGT).

Inheriting Assets

In the world of taxation, death is often considered a “taxing event.” When ownership of an asset changes due to death, it usually triggers a CGT event. However, Australian tax law offers relief under certain conditions. In most cases, capital gains or losses resulting from a death are disregarded unless the asset is transferred to:

• An exempt entity (with some exceptions, particularly if the entity is a charity with deductible gift recipient status),
• A trustee of a complying superannuation fund, or
• A foreign entity, assuming the asset is not considered “taxable Australian property.”

As long as the asset is passed to the deceased’s legal representative (e.g., the executor) or a beneficiary, who is not one of the entities listed above, the asset transfer is exempt from CGT at the time of death. However, once the beneficiary decides to sell the asset, any capital gains or losses become taxable.

Inheriting Shares

Let’s say you inherit a share portfolio listed on the Australian Stock Exchange (ASX) under your mother’s will. The tax treatment of those shares will depend on factors like whether your mother was an Australian resident for tax purposes at the time of her death and whether the shares were purchased before or after 20 September 1985 (the introduction of CGT).

• Post-CGT shares: If your mother was an Australian tax resident and acquired the shares after the CGT rules were introduced, the cost base of the shares is typically the original purchase price. For example, if she purchased BHP shares for $17.82 on 2 January 1997, that price would be the cost base used to calculate your gain or loss when you eventually sell the shares.
• Pre-CGT shares: If the shares were acquired before 20 September 1985, the cost base is reset to the market value at the date of death. For instance, if your mother passed away on 1 October 2024, and the shares were valued at $45.96, that price would be your cost base for tax purposes.
• Non-resident status: If your mother was a non-resident for tax purposes when she died, the cost base is usually the market value of the shares at the time of death.

Managing inherited shares can be challenging as their value and composition can fluctuate over time. What starts as a small portfolio may grow significantly in value, making proper tax planning essential.

Inheriting Property

Now, imagine you inherit a residential property in Australia from your father’s estate. For CGT purposes, you are deemed to have acquired the property on the date of his death. In many cases, the cost base of the property is inherited, meaning it’s based on the value when your father originally purchased it. However, the treatment differs for properties acquired before the CGT regime was introduced and for a property that was your father’s primary residence.

Special rules allow beneficiaries to access a full or partial main residence exemption on inherited properties. If your father’s home was his main residence at the time of death, and it wasn’t used to generate income (i.e., not rented or used for business purposes), the executor or beneficiary might qualify for a full CGT exemption under either of these conditions:

• The house is sold within two years of your father’s death, or
• The house remains the main residence of a surviving spouse or other qualifying individuals (such as someone who had the right to occupy the property under the will) until the house is sold.

For example, if the house was your father’s primary residence and sold within two years, no CGT would apply. If you choose to sell the house later, say 10 years after inheriting it, the CGT treatment will depend on how the property has been used during those 10 years.

An extension to the two-year rule can apply in certain situations, such as if the will is contested or complicated, delaying the sale of the property.

If your father was no longer living in the property but continued to treat it as his main residence under the “absence rule” (e.g., if he moved to a retirement village), the CGT exemption may still apply.

If your father was a non-resident for tax purposes, given the proeprty was purchased at post-CGT period, the cost base for CGT purposes is usually inheriting the acquiring price when your father purchased it.

Inheriting Foreign Property

If you are an Australian resident inheriting foreign property from a non-resident (for example, a house from a relative in the UK), the cost base for tax purposes will generally be the market value of the property at the time of their death. If you sell the property and a gain arises, the Australian CGT rules will apply, though the CGT discount may be less than 50%. Additionally, if the gain is also taxed overseas, a foreign tax offset may be available to reduce the amount of tax payable in Australia.

The Complexity of Inheritance Taxation

Inheriting assets can quickly become complex, especially when multiple types of assets are involved, or if foreign tax rules come into play. Proper estate planning and an understanding of the tax consequences of inheritance are essential to ensuring that you and your beneficiaries can navigate these issues effectively. For personalized advice on the tax implications of inheriting property, feel free to reach out for professional assistance.

Pitt Martin Group is a CPA accounting firm, providing services including taxation, accounting, business consulting, self-managed superannuation funds, auditing and mortgage & finance. We spend hundreds of hours each year on training and researching new tax laws to ensure our clients can maximize legitimate tax benefit. Our contact information are phone +61292213345 or email info@pittmartingroup.com.au. Pitt Martin Group is located in the convenient transportation hub of Sydney’s central business district. Our honours include the 2018 CPA NSW President’s Award for Excellence, the 2020 Australian Small Business Champion Award Finalist, the 2021 Australia’s well-known media ‘Accountants Daily’ the Accounting Firm of the Year Award Finalist and the 2022 Start-up Firm of the Year Award Finalist, and the 2023 Hong Kong-Australia Business Association Business Award Finalist.

Pitt Martin Group qualifications include over fifteen years of professional experience in accounting industry, membership certification of the Australian Society of Certified Practising Accountants (CPA), Australian Taxation Registered Agents, certified External Examiner of the Law Societies of New South Wales, Victoria, and Western Australia Law Trust Accounts, membership certification of the Finance Brokers Association of Australia Limited (FBAA), Registered Agents of the Australian Securities and Investments Commission (ASIC), certified Advisor of accounting software such as XERO, QUICKBOOKS, MYOB, etc.

This content is for reference only and does not constitute advice on any individual or group’s specific situation. Any individual or group should take action only after consulting with professionals. Due to the timeliness of tax laws, we have endeavoured to provide timely and accurate information at the time of publication, but cannot guarantee that the content stated will remain applicable in the future. Please indicate the source when forwarding this content.

By Zoe Ma @ Pitt Martin Tax

When accessing your myGov account, you notice that your activity statements from the past year have been modified, and $100,000 in GST credits have been issued. The problem? You weren’t the one who made these changes, and there’s no sign of a $100,000 refund in your bank account. What should you do now?

This scenario is becoming increasingly common as scammers target myGov accounts for their wealth of personal data. They change bank details and file fake refunds, using your identity to claim large sums of money. From the outside, it looks like it’s all coming from you. The worst part is, you may have unknowingly helped these fraudsters access your account.

And it’s not just activity statements being manipulated. Scammers are targeting any myGov-linked service that can issue payments or refunds. They use legal loopholes and amendment windows in tax law to adjust tax data, leading to fraudulent refunds on personal income tax, GST, or pay-as-you-go (PAYG) instalments. The level of knowledge these scammers have about Australia’s tax and social systems is impressive—and concerning.

Once they gain control of your myGov account, they can wreak havoc.

How does this happen?

Human error is often at fault. Many scams start with phishing attempts. Around 79% of reported tax-related scams over the past year have come through email, while 18% have been through SMS. These scams mimic official messages that seem legitimate, with scammers using several common strategies:

• Fake warnings about unauthorized access attempts, prompting you to click a link and verify your details.
• Offers of supposed rewards, like a tax refund, with a link you must click to claim.
• Messages resembling official notifications from the Australian Tax Office (ATO), complete with a link to view the message.

The ATO reported that 75% of all email scams up to March 2024 involved a counterfeit myGov login page.

How to recognize a scam

You might first notice suspicious activity through alerts from myGov—ironically, the same kinds of alerts scammers may have used to access your account. However, there are clear ways to identify a fake:

• The ATO, Centrelink, and myGov never send messages with clickable links. If a message includes one, it’s likely a scam.
• The ATO doesn’t use QR codes to direct you to your account.
• The ATO will never ask for your tax file number (TFN), bank details, or myGov login information through social media platforms. Scammers often impersonate ATO or government agencies on social media to trick people into sharing personal data. Assistant Commissioner Tim Loh compares this to ‘handing your house keys to a stranger and watching them change the locks.’
• The ATO will not send pre-recorded messages about tax debt. It won’t cancel or suspend your TFN due to suspicious activity or tell you to transfer funds to a “safe” account.
• The ATO won’t initiate a conference call with you, your tax agent, and someone claiming to be from law enforcement. Some scammers pretend to be ATO representatives and stage fake calls with fraudulent tax agents to deceive victims.
• The ATO will not ask you to update your details due to a security issue with myGov. If you receive such a request, it’s likely a phishing attempt.

In general, you should avoid clicking on links in emails or messages. Instead, log directly into your myGov account to review any alerts or updates.

And remember: never log into myGov while using public Wi-Fi.

Who gets scammed?

While many assume older adults are the most vulnerable to scams, younger people are increasingly falling victim. The ATO reports that individuals aged 25 to 34 are the most likely to provide personal information to scammers. Younger people are also particularly susceptible to investment scams.

The AFP-led Joint Policing Cybercrime Coordination Centre (JPC3) notes that Australians under 50 are now more frequently targeted by investment scams than older citizens. During the 2023-24 financial year, Australians lost $382 million to investment fraud, with almost half of those losses involving cryptocurrency.

Other types of scams

Scammers aren’t limited to tax fraud—they will exploit any opportunity to steal money:

• Investment scams: Scammers engage in a tactic known as ‘pig butchering’, where they build trust with victims over time through social media or messaging apps. Once trust is established, they lure victims into investing in fake cryptocurrency or foreign exchange platforms. These platforms are often designed to look legitimate, showing fake profits to convince victims to invest more money. Eventually, the scammers disappear with all the funds. Another type is called ‘deepface scams’ that scammers use AI-generated content, such as fake videos or images of public figures, to promote fraudulent investments. These deepfakes can be very convincing and are often shared through social media or direct messages. While subtle clues like unnatural facial movements or odd speech patterns can be giveaways, the quality of these deepfakes is improving rapidly.
• Invoice scams: Cybercriminals gain access to business systems, identify suppliers, and use legitimate company details to send fake invoices. The money is then diverted to scammer-controlled accounts.
• Bank scams: Some scammers call people pretending to be from their bank, claiming there’s an issue with their account. They guide the victim through a series of steps that eventually result in transferring money to a scammer’s ‘safe’ account. Victims often trust the scammers because they seem to know a lot of personal information.

It’s important to know that your bank will never request personal or account details via email or text. A recent survey by CHOICE found that four in five bank scam victims weren’t alerted by their bank before they transferred money to scammers.

The Australian Banking Association has announced that by the end of 2024, banks will implement new warning systems and payment delays, especially for high-risk transactions like cryptocurrency transfers.

What to do if you’ve been scammed

• For myGov scams: If you’ve downloaded a fake app, shared your details, or clicked on a suspicious link, immediately contact the Services Australia Scams and Identity Theft Helpdesk at 1800 941 126 or seek assistance online.
• For tax scams: Before acting on any instructions you receive, contact your tax agent for verification. If you’ve already been scammed, reach out to the ATO directly at 1800 008 540 to report the issue.

Pitt Martin Group is a CPA accounting firm, providing services including taxation, accounting, business consulting, self-managed superannuation funds, auditing and mortgage & finance. We spend hundreds of hours each year on training and researching new tax laws to ensure our clients can maximize legitimate tax benefit. Our contact information are phone +61292213345 or email info@pittmartingroup.com.au. Pitt Martin Group is located in the convenient transportation hub of Sydney’s central business district. Our honours include the 2018 CPA NSW President’s Award for Excellence, the 2020 Australian Small Business Champion Award Finalist, the 2021 Australia’s well-known media ‘Accountants Daily’ the Accounting Firm of the Year Award Finalist and the 2022 Start-up Firm of the Year Award Finalist, and the 2023 Hong Kong-Australia Business Association Business Award Finalist.

Pitt Martin Group qualifications include over fifteen years of professional experience in accounting industry, membership certification of the Australian Society of Certified Practising Accountants (CPA), Australian Taxation Registered Agents, certified External Examiner of the Law Societies of New South Wales, Victoria, and Western Australia Law Trust Accounts, membership certification of the Finance Brokers Association of Australia Limited (FBAA), Registered Agents of the Australian Securities and Investments Commission (ASIC), certified Advisor of accounting software such as XERO, QUICKBOOKS, MYOB, etc.

This content is for reference only and does not constitute advice on any individual or group’s specific situation. Any individual or group should take action only after consulting with professionals. Due to the timeliness of tax laws, we have endeavoured to provide timely and accurate information at the time of publication, but cannot guarantee that the content stated will remain applicable in the future. Please indicate the source when forwarding this content.

By Yvonne Shao @ Pitt Martin Tax

Do you own an investment property or luxury lifestyle assets such as a boat, a high-end vehicle, or even an aircraft? If so, the Australian Taxation Office (ATO) is keeping a close eye on these assets to ensure that what is declared in tax returns aligns with the actual financial and asset data.

In a recent move, the ATO launched two new data-matching initiatives specifically aimed at investment property owners and individuals fortunate enough to possess high-value lifestyle assets.

Investment Properties: Increased ATO Focus

Investment properties have long been a focal point for the ATO, especially when it comes to ensuring correct reporting of rental income and deductions. Building on previous data-matching efforts that examined data from residential investment property loans and landlord insurance, the ATO has now extended its reach. From the 2018-19 financial year through to the 2025-26 financial year, the ATO will collect data from property management software.

This data capture includes a wide range of information:

• Owner identification details: This includes personal information such as names, addresses, phone numbers, dates of birth, email addresses, business names, and Australian Business Numbers (ABNs) where applicable.
• Property details: Information like property addresses, the date the property was first made available for rent, as well as details of the property manager (including their ABN and license number).
• Property transactions: Detailed records of rental income and expenses, covering transaction periods, descriptions, amounts, and rental account balances.

While this new program is a significant step, it complements the ATO’s ongoing collection of property transfer data from state and territory governments since July 1, 2016. This means that property transfers are regularly reported to the ATO each quarter.

The latest data-matching initiative is aimed squarely at landlords who:

• Fail to submit required rental property schedules when required;
• Underreport or omit rental income;
• Incorrectly claim deductions;
• Omit or inaccurately report Capital Gains Tax (CGT) information.

Lifestyle Assets Under Review

In addition to investment properties, the ATO is also tightening its oversight of high-value lifestyle assets by working with insurance providers. Through this partnership, the ATO can cross-reference ownership of luxury assets, such as:

• Caravans and motorhomes valued at $65,000 or more;
• Motor vehicles, including cars, trucks, and motorcycles, valued at $65,000 or more;
• Thoroughbred horses valued at $65,000 or more;
• Fine art with a valuation of $100,000 or more per item;
• Marine vessels valued at $100,000 or more;
• Aircraft valued at $150,000 or more.

The ATO will collect substantial information from these insurance providers, including personal details of policyholders, asset purchase prices, identification details, and the primary use of the asset.

These efforts are designed to identify cases where individuals or businesses:

• Accumulate or improve assets without reporting these acquisitions in their tax returns;
• Dispose of assets without declaring income and/or capital gains;
• Incorrectly claim Goods and Services Tax (GST) credits;
• Fail to report fringe benefits tax (FBT) when assets owned by a business are used for personal purposes.

What This Means for Taxpayers

The ATO’s data-matching programs serve as a reminder that accurate reporting is essential. Whether it’s a rental property or a luxury lifestyle asset, ensuring that all income, deductions, and disposals are reported correctly can help avoid unwanted scrutiny. The ATO’s access to increasingly detailed data means that discrepancies are more likely to be caught, and penalties may apply for non-compliance.

Pitt Martin Group is a CPA accounting firm, providing services including taxation, accounting, business consulting, self-managed superannuation funds, auditing and mortgage & finance. We spend hundreds of hours each year on training and researching new tax laws to ensure our clients can maximize legitimate tax benefit. Our contact information are phone +61292213345 or email info@pittmartingroup.com.au. Pitt Martin Group is located in the convenient transportation hub of Sydney’s central business district. Our honours include the 2018 CPA NSW President’s Award for Excellence, the 2020 Australian Small Business Champion Award Finalist, the 2021 Australia’s well-known media ‘Accountants Daily’ the Accounting Firm of the Year Award Finalist and the 2022 Start-up Firm of the Year Award Finalist, and the 2023 Hong Kong-Australia Business Association Business Award Finalist.

Pitt Martin Group qualifications include over fifteen years of professional experience in accounting industry, membership certification of the Australian Society of Certified Practising Accountants (CPA), Australian Taxation Registered Agents, certified External Examiner of the Law Societies of New South Wales, Victoria, and Western Australia Law Trust Accounts, membership certification of the Finance Brokers Association of Australia Limited (FBAA), Registered Agents of the Australian Securities and Investments Commission (ASIC), certified Advisor of accounting software such as XERO, QUICKBOOKS, MYOB, etc.

This content is for reference only and does not constitute advice on any individual or group’s specific situation. Any individual or group should take action only after consulting with professionals. Due to the timeliness of tax laws, we have endeavoured to provide timely and accurate information at the time of publication, but cannot guarantee that the content stated will remain applicable in the future. Please indicate the source when forwarding this content.

By Zoe Ma @ Pitt Martin Tax