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Important Reminders for Not-for-Profits on Self-Review Returns

Important Reminders for Not-for-Profits on Self-Review Returns

The Australian Taxation Office (ATO) is reminding not-for-profit (NFP) organisations of the approaching deadline for lodging their NFP self-review return. Non-charitable NFPs that self-assess as income tax exempt for the 2023-24 income year must complete and submit their return by 31 March 2025.

Eligibility for Income Tax Exemption

Non-charitable NFPs may qualify for an income tax exemption if their core activities align with one of the eight categories specified in Division 50 of the Income Tax Assessment Act 1997 (ITAA 1997). Although the eligibility criteria for this exemption remain unchanged, the requirement to submit the NFP self-review return is a new compliance obligation. This marks the first instance in which NFPs must formally notify the ATO of their eligibility.

Maintaining Governing Documents

To maintain eligibility for income tax exemption, NFPs must ensure that their governing documents (such as constitutions, rule books, deeds of trust, or articles of association) clearly reflect their NFP status. These documents must explicitly state that the organisation cannot distribute profits or assets to members or private individuals, except in cases of legitimate reimbursements for services rendered or expenses incurred on behalf of the organisation.

If an NFP’s current governing documents do not contain these provisions, the organisation has until 30 June 2025 to update them accordingly. Despite this grace period, NFPs may still self-assess as income tax exempt for the 2024 income year, provided they have not distributed any income or assets to members.

Addressing Common Myths and Misconceptions

The ATO has updated its website to clarify common misunderstandings regarding NFP tax exemption. Here are some key points:

  1. Not all NFPs are income tax exempt – Only registered charities endorsed by the ATO and non-charitable NFPs that meet the self-assessment criteria qualify for an exemption.
  2. Multiple ways to lodge the self-review return – NFPs have three options for submission: via the ATO online portal, the ATO phone service, or through a registered tax agent who can lodge on their behalf.
  3. Only authorised individuals can lodge the return online – The NFP self-review return can only be lodged by individuals who have been granted authorised access in the ATO’s Online Services system.
  4. Uncertainty about charitable status still requires lodgement – If an NFP is unsure whether it qualifies as a charity, it must still complete the self-review return and select either ‘Yes’ or ‘Unsure’ when responding to the charitable purposes question.

Further Guidance on Exempt Categories

The ATO has also provided updated information on specific categories of tax-exempt NFPs, including those involved in education, employment, and resource development. NFPs operating in these sectors should review the ATO’s latest guidance to ensure compliance with the relevant exemption requirements.

For more details, NFPs are encouraged to seek advice from tax practitioners for the latest updates regarding tax exemption criteria and compliance obligations.

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

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Fringe Benefits Tax (FBT) 2024-25

Fringe Benefits Tax (FBT) 2024-25

As the end of the Fringe Benefits Tax (FBT) year (31 March) is approaching, this article highlights key areas that employers and employees should focus on.

FBT Updates and Common Issues

  • Exemption of FBT for electric cars
  • Providing equipment for working from home
  • Does FBT apply to contractors?
  • Reducing the paperwork burden for FBT
  • The biggest risks related to FBT

Key FBT Issues

FBT Exemption for Electric Cars

Employers who provide electric vehicles (EVs) to their employees may not have to pay FBT. The exemption applies if:

  • The car is electric, hydrogen fuel cell, or a plug-in hybrid.
  • The car was first bought and used on or after 1 July 2022.
  • The cost of the car is below the luxury car tax limit, which is $89,332 for the 2024-25 financial year.

Plug-in Hybrids Lose FBT Exemption

From 1 April 2025, plug-in hybrid cars will no longer qualify for the FBT exemption. The only exceptions are if:

  • The exemption was already applied before 1 April 2025.
  • There is a legally binding agreement to continue providing the car for private use after 1 April 2025.

If this agreement is changed or stopped after 1 April 2025, the exemption will no longer apply.

Managing the Exemption

Even though some electric cars are exempt from FBT, employers still need to calculate the taxable value of the benefit. This is because the value of the benefit is still included in the employee’s reportable fringe benefits amount. This amount does not count as taxable income, but it may affect things like:

  • Medicare levy surcharge
  • Private health insurance rebate
  • Employee share scheme discounts
  • Social security payments

Employees may need to track the electricity costs they pay when charging the EV at home. These costs can be treated as an employee contribution to reduce the FBT amount. However, it can be difficult to calculate these costs. To help, the Australian Taxation Office (ATO) has provided a shortcut rate of 4.20 cents per km for electric vehicles. This rate does not apply to plug-in hybrid vehicles.

Employers should also note that the FBT exemption for electric cars does not include home charging stations. If an employer provides a charging station for an employee’s home, FBT may apply.

Providing Equipment for Working from Home

Many businesses now allow employees to work from home. Employers often provide work-related items to help employees perform their jobs at home. In most cases, if these items are used mainly for work, FBT does not apply.

For example, if an employer provides laptops, mobile phones, or other portable electronic devices, no FBT should be charged as long as the devices are used mostly for work.

Employers with a turnover of less than $50 million can provide multiple similar items during the FBT year without extra tax. This means a business can provide more than one laptop to an employee if needed.

If an employee uses the employer-provided equipment for personal use, FBT may apply. However, the FBT liability can be reduced based on the percentage of business use.

Does FBT Apply to Your Contractors?

FBT usually applies to employees and some directors. It does not apply to genuine independent contractors. However, businesses must ensure that their contractors are truly contractors.

Are Your Contractors Actually Contractors?

The ATO has provided new guidelines to help determine if a worker is an employee or an independent contractor. The High Court has also ruled on two important cases that set the rules for classification.

The ATO’s TR 2023/4 ruling states that if there is a written contract, the contract’s terms should be the main focus when determining the worker’s status. Just calling someone a contractor in the contract is not enough. If the contract’s terms indicate an employment relationship, the worker will be considered an employee.

The ATO’s PCG 2023/2 guideline provides four risk categories. A contractor arrangement is less risky if:

  • There is clear evidence that both the business and the worker agreed on the contractor status.
  • A proper written agreement is in place.
  • Both parties understand the legal consequences of the arrangement.
  • The actual working relationship follows the contract without major changes.
  • Legal advice was obtained to confirm the classification.
  • The business has followed all tax, superannuation, and reporting rules for the worker.

If your business hires contractors, it is important to review their classification regularly. Even if a worker is a genuine independent contractor, businesses may still have obligations, such as paying superannuation in certain situations.

Reducing the FBT Record-Keeping Burden

Keeping records for FBT can be time-consuming. However, from 1 July 2024, businesses will have more options. You can either continue using the current FBT record-keeping methods, use existing business records (if they meet the legal requirements), or combine both methods.

Here are some types of records you may need to keep:

  • Travel diaries – see LI 2024/11
  • Living-away-from-home-allowance (FIFO/DIDO declarations) – see LI 2024/4
  • Living-away-from-home maintaining an Australian home declaration – See LI 2024/5
  • Expense payments, property, or residual benefits declaration (Otherwise Deductible Rule) – See LI 2024/6
  • Private use of a vehicle other than a car declaration– See LI 2024/7
  • Car travel for a job interview or selection test declaration– See LI 2024/14
  • Remote area holiday transport declaration– See LI 2024/10
  • Overseas employment holiday transport declaration– See LI 2024/13
  • Car travel for certain work-related activities declaration– See LI 2024/9
  • Relocation transport declaration– See LI 2024/12
  • Temporary accommodation for relocation declaration – See LI 2024/8

FBT Housekeeping

Keeping track of records for fringe benefits can be tricky, especially if they depend on employees providing documents on time. If your business provides cars, you must record odometer readings on 31 March and 1 April. To make this easier, ask employees to take a photo of the odometer and email it to a central contact person. This will help avoid missing records or having to check each car manually.

Biggest FBT Risk Areas

Mismatched Entertainment Claims

One of the most common FBT mistakes is claiming a tax deduction for entertainment expenses but not reporting the benefit for FBT purposes. The ATO closely monitors these mismatches.

For example, if a business takes a client to lunch and the cost per person is under $300, there may not be any FBT. However, the business cannot claim a tax deduction or GST credit unless FBT applies. If the business uses the 50/50 method for entertainment expenses, then 50% of the cost is subject to FBT, and only 50% of the amount can be claimed as a deduction.

Employee Contributions Made by Journal Entry

Many businesses allow employees to make after-tax contributions to lower the taxable value of fringe benefits. Instead of paying in cash, some businesses record these contributions as journal entries in their accounting system.

While this method can be acceptable if done correctly, the ATO has raised concerns about whether journal entries made after the FBT year-end are valid.

For an employee contribution through a journal entry to be valid in reducing FBT, these conditions must be met:

  • The employee must be required to make a contribution toward the fringe benefit as part of their employment agreement.
  • The employer must owe the employee a payment, such as a loan or a bonus that hasn’t been paid yet. However, if a loan is involved, additional tax issues may arise.
  • Both the employee and employer must agree to offset their respective obligations (the employee’s contribution against the employer’s payment).
  • The journal entries must be made before the business finalizes its financial accounts for the year.

If these conditions are not met, the ATO may challenge the validity of the arrangement. The business must keep proper documentation showing that the employee was actually required to contribute toward the fringe benefit. If there is no clear evidence, the business may face unexpected FBT liabilities.

Not Lodging FBT Returns

The ATO has noticed that some businesses are failing to submit FBT returns when they are required to do so.

If your business employs staff, including family members in a closely held business, and is not registered for FBT, you should review whether you might have an FBT liability.

You may need to lodge an FBT return if your business provides any of the following:

  • Cars or parking spaces for employees
  • Reimbursements for private (non-business) expenses
  • Entertainment, such as meals and drinks
  • Employee discounts

Some benefits are exempt from FBT, such as work-related electronic devices (e.g., laptops), protective clothing, and tools of trade. If your business only provides these exempt items or occasional benefits worth less than $300, you likely do not need to worry about FBT. However, if you provide any taxable fringe benefits, it’s important to ensure compliance to avoid 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 Angela Abejo @ Pitt Martin Tax

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Ensuring Your Superannuation is Paid Smoothly After Death

Ensuring Your Superannuation is Paid Smoothly After Death

The Australian Government has announced plans to introduce mandatory standards for large superannuation funds aimed at improving the efficiency and compassion of death benefit payouts. This raises the question: Is there a problem with paying out superannuation when a member passes away?

The Challenge of Distributing Superannuation Upon Death

Superannuation in Australia has grown to an enormous $4.1 trillion industry. However, when an individual passes away, their super does not automatically become part of their estate. Instead, the super fund trustee determines how the death benefit is distributed based on the fund’s rules, superannuation laws, and any valid death benefit nominations made by the deceased.

Concerns about delays in accessing these funds have been increasing. Between 2021 and 2023, the Australian Financial Complaints Authority (AFCA) recorded a sevenfold rise in complaints regarding superannuation death benefits, with delays being the primary issue. While many superannuation funds distribute benefits within three months, in some cases, beneficiaries have waited over a year to receive payments. Current superannuation laws only require that benefits be paid “as soon as practicable,” without specifying a clear timeframe.

Ensuring Your Superannuation Goes to the Right Beneficiary

Handling superannuation death benefits can be complex. Unless a valid death benefit nomination is in place, the super fund trustee retains discretion over who receives the funds. If a member has not made a valid nomination or let an existing nomination lapse, the trustee may distribute the superannuation to any eligible dependents or to the deceased’s estate.

To ensure your superannuation is distributed according to your wishes, it is crucial to understand the four main types of death benefit nominations:

  1. Binding Death Benefit Nomination
    • This legally requires the trustee to pay the superannuation directly to the nominated beneficiary.
    • Most binding nominations expire after three years unless it is specified as non-lapsing.
  2. Non-Lapsing Binding Death Benefit Nomination
    • If permitted by the fund’s trust deed, this nomination remains in place indefinitely unless revoked.
    • It ensures that the nominated beneficiary will receive the super without trustee discretion.
  3. Non-Binding Death Benefit Nomination
    • This serves as a guideline for the trustee but does not guarantee the nominated individual will receive the super.
    • The trustee can still exercise discretion and allocate the benefit to another eligible dependant or the estate.
  4. Reversionary Beneficiary
    • If you are receiving a superannuation pension, you can nominate a reversionary beneficiary.
    • Upon your passing, pension payments will automatically transfer to the nominated individual, usually a spouse or dependent child under 18.

Who Can Receive Your Superannuation?

Superannuation can be distributed to a dependant, a legal representative (such as the executor of the estate), or someone in an interdependency relationship with the deceased. A “dependant” under superannuation law includes:

  • A spouse
  • A child (regardless of age)
  • An individual with whom the deceased had an interdependency relationship, meaning they provided financial support or care to each other.

The Consequences of Not Making a Nomination

If no valid nomination is in place at the time of death, the super fund trustee will determine the recipient based on relevant state or territory laws. In most cases, the benefit will be distributed to a superannuation dependant or the estate’s legal representative for allocation according to the Will.

Common Issues and Delays

Numerous court cases have challenged the validity of death benefit nominations, often resulting in costly and prolonged disputes. To ensure a valid nomination:

  • It must be in writing, signed, and dated.
  • It must be correctly witnessed.
  • The nominee’s full legal name should be used.
  • If directing the benefit to the estate, the wording must be legally precise.

Delays often arise when nominations are missing, expired, or invalid. Additionally, disputes can occur when multiple claimants are involved, requiring trustees to navigate complex family relationships before making a decision.

Key Takeaway: Act Now to Protect Your Beneficiaries

Regardless of age, it is essential to review your superannuation nominations regularly to ensure they align with your current wishes. Confirm that your nomination type is appropriate, valid, and up-to-date. While delays in processing death benefits may still occur, having a clear and legally sound nomination in place can significantly expedite the process and alleviate stress for your loved ones during an already difficult time.

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

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Section 99B: How It Affects Non-Resident Trusts and Australian Beneficiaries

The Australian Taxation Office (ATO) has issued guidance on how Section 99B of the Income Tax Assessment Act 1936 (ITAA 1936) applies to distributions from non-resident trusts to Australian residents. This section ensures that, in most cases, Australian residents who receive payments from such trusts are taxed in Australia, unless exceptions apply. Below, we break down the key aspects of Section 99B, its implications, and what beneficiaries and trustees need to know.

What is Section 99B?

Section 99B ensures that distributions made by non-resident trusts to Australian residents are generally taxed in Australia. This section applies when the trust has been a non-resident at any point since its establishment. While the law is not specifically limited to non-resident trusts, the risk of it being applied is higher for such trusts.

A key provision of Section 99B is Section 99B(2), which allows a reduction in the amount taxed if the distribution is made from the trust’s corpus (principal), rather than income. However, this reduction only applies if the income or gains would have been taxed in Australia if derived by an Australian resident.

The Hypothetical Resident Taxpayer

A critical aspect of Section 99B is the ‘hypothetical resident taxpayer’ (TD 2024/9) of the rules. This assumes that the beneficiary receiving the distribution is an Australian resident, regardless of the trust’s actual residency status. The ATO uses this hypothetical resident taxpayer to determine how the distribution should be taxed.

For example, if a foreign trust sells a pre-CGT asset (an asset acquired before 1985, when capital gains tax was introduced) and distributes the capital gain to an Australian resident, Section 99B would reduce the capital gain under Section 99B(2). In this case, no capital gains tax would apply. Notably, the CGT discount does not apply to the hypothetical resident taxpayer, as the ATO treats them as an Australian resident taxpayer for tax purposes.

ATO’s Guidance on Section 99B

The ATO’s PCG 2024/3 provides further details on how Section 99B applies in different scenarios. While the guidelines are broad, they help clarify how low-risk and high-risk situations are treated under Section 99B.

Two common scenarios are identified where the ATO considers the risk of non-compliance to be low:

  1. Deceased Estates
    If a deceased individual was a non-resident at the time of death, the distribution of their estate to Australian beneficiaries may be treated as low-risk, provided:
    • The property is distributed to the beneficiary within 24 months of death.
    • The value of the property received does not exceed $2 million.
    • The distribution is not made from a testamentary trust (created by a will).
    • Proper documentation, such as the signed will or trust deed, is provided.

If these conditions are met, the ATO considers the distribution to be low-risk and will not focus compliance efforts on it unless something unusual is detected.

  1. Trust Property Used on Commercial Terms
    If a beneficiary uses trust property under commercial terms, the risk is considered low. The conditions include:
    • The agreement (whether verbal or written) must be on commercial terms.
    • The beneficiary must pay the trustee an amount that matches the commercial terms, such as interest or rental payments.

An agreement is considered on commercial terms if the rates and terms align with market rates. There is also a safe harbour for loans where interest rates and terms follow Division 7A loan standards.

Documentation Requirements

Beneficiaries must provide proper documentation to substantiate their claims for reductions under Section 99B(2). This documentation is essential for proving that the distribution is correctly taxed. Required documents include:

  • Signed trust deeds or the will of the deceased person.
  • Trustee minutes or distribution statements confirming that payments were made from the trust’s corpus.
  • The trust’s financial accounts for relevant years, following the accounting standards of the relevant country.
  • Additional case-specific documents, such as bank statements, working papers, and other relevant records.

If a beneficiary fails to provide the required documents, the ATO will treat the entire amount as assessable income, meaning the full distribution will be taxed.

For trustees and beneficiaries of non-resident trusts, understanding Section 99B is crucial for managing tax obligations. Always ensure you have the necessary documents to substantiate your claims and stay compliant with Australian tax 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 Yvonne Shao @ Pitt Martin Tax

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Why the ATO is Watching Baby Boomer Wealth

Why the ATO is Watching Baby Boomer Wealth

The Australian Taxation Office (ATO) is paying close attention to wealthy baby boomers, especially those who own family-run businesses. Many of these individuals are passing on their businesses and assets to their children or selling them. The ATO is concerned that some of these transfers and business restructures are being done in ways that reduce tax payments unfairly.

According to ATO Private Wealth Deputy Commissioner Louise Clarke, succession planning and tax risks are a major focus for 2025. The ATO has noticed a rise in business reorganizations that seem to be linked to business owners retiring and passing on their wealth.

If you belong to the ATO’s Top 500 (the wealthiest private groups in Australia) or Next 5,000 (those who control a net wealth of over $50 million), expect the ATO to closely examine how money moves through your businesses and investments.

Why Business Owners Should Be Careful

For many business owners, their company is more than just a source of income—it’s their biggest asset. Over the years, they’ve earned income through salaries, dividends, or by selling shares. While tax laws allow business owners to structure their assets in ways that protect their wealth, they must do so legally. If the ATO finds that a structure exists only to avoid taxes, it can deny any tax benefits under Part IVA, the rule that prevents artificial tax avoidance.

The ATO is particularly watching business owners who are nearing retirement and want to pass their companies down to their children. Often, these owners transfer wealth through trusts and other financial arrangements. While this is legal, the ATO is looking at whether these methods are being used to reduce tax payments unfairly.

Areas That Concern the ATO

Some of the key things the ATO is monitoring include:

  1. Division 7A loans settlements – Some companies lend money to shareholders, and instead of repaying the loan, they remove it from the books by calling it a “distribution.” This raises tax concerns.
  2. Moving Assets Without Proper Valuation – If businesses transfer assets between family members or related companies, they must properly value them. If an asset is moved just to avoid paying capital gains tax, the ATO may investigate.
  3. Restructuring Family Interests – Changing how family members own or control assets may trigger tax issues.
  4. Changes to Trust Deeds – The ATO is checking whether changes to trust agreements are being used to lower tax payments.
  5. Delays in Tax Filings – Businesses delaying tax returns after a restructure may face scrutiny.

The Use of Trusts

Trusts are under greater scrutiny in 2025. If a trust makes a Family Trust Election (FTE) or Interposed Entity Election (IEE), it must follow strict rules about distributing income. If the trust distributes money outside the family, a 47% Family Trust Distribution Tax applies.

The ATO is also tightening rules on trust tax returns for private trusts. When a trust distributes money or assets to another trust, it must complete a Trustee Beneficiary (TB) statement, unless there is an exclusion that applies. If the TB statement is missing or late, the trustee may face a 47% Non-Disclosure Tax on the undisclosed income.

How to Avoid Risk

If you control multiple businesses or investment entities, make sure everything is structured correctly. Whether these businesses are in Australia or overseas, failing to report transactions properly could lead to penalties.

Transferring a business to the next generation might require changes to share ownership, trust structures, partnership agreements, or asset transfers. Each of these changes has tax consequences that need to be carefully managed.

Business owners should also keep detailed records of why and how they transfer assets. Proper documentation can help show that the purpose of a transaction was legitimate and not just for avoiding tax.

It’s important to plan succession and tax strategies properly. Seeking professional tax advice before making major changes could be something you might need to take into consideration. Tax laws are complex, and a professional can ensure that business owners comply with regulations while still minimizing tax burdens legally to avoid any issues in the future.

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

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What Lies Ahead in 2025: Key Changes and Challenges

What Lies Ahead in 2025: Key Changes and Challenges

The last few years have been marked by economic and political uncertainty. As we just entered into 2025, there is cautious optimism for increased stability—though no guarantees. Below, we explore the key developments and challenges businesses and individuals can anticipate.


Federal Election: Political Advertising Resumes

With a federal election on the horizon, prepare for an influx of political messages across social media, voicemail, and TV. Opposition parties will question if Australians are better off, while incumbents will emphasize their achievements.

The 2025-26 Federal Budget is set to be delivered on 25 March 2025, suggesting the election will occur in either March or May 2025, but no later than 17 May 2025.


Legislative Uncertainty: Key Bills in Limbo

The final parliamentary sitting day of 2024 saw 32 bills passed, including several with implications for businesses and individuals. However, two significant proposals remain unresolved:

1. Division 296 Tax: 30% on Super Earnings Over $3 Million

The proposed Division 296 tax would impose a 30% tax rate on earnings from superannuation balances exceeding $3 million, starting 1 July 2025. Currently, the enabling legislation is stalled in the Senate and unlikely to pass before the election. If the bill lapses, the next government will determine whether to revisit or abandon the measure.

2. $20,000 Instant Asset Write-Off for Small Businesses

The government proposed extending the $20,000 instant asset write-off for eligible small businesses for the 2024-25 financial year. However, this measure was unexpectedly removed from the final enabling legislation. Without this extension, the write-off threshold will revert to $1,000, creating uncertainty for small businesses planning asset investments.


Tax and Superannuation Changes

1. Foreign Resident Capital Gains Withholding (FRCGW)

From 1 January 2025, changes to capital gains withholding will apply to foreign residents selling Australian property:

  • The withholding rate will increase from 12.5% to 15%.
  • The value threshold (currently $750,000) will be removed, applying the withholding to all property sales by foreign residents.

The reforms will affect property acquisitions made on or after 1 January 2025.

2. Superannuation Guarantee Increase

The Superannuation Guarantee (SG) rate will rise from 11.5% to 12% on 1 July 2025, marking the final step in the legislated increase.

3. Superannuation on Paid Parental Leave

From 1 July 2025, superannuation contributions (12% of Paid Parental Leave payments) will be paid to eligible parents’ super funds.


Economic Outlook: Interest Rates and Cost of Living

Interest Rates

While inflation eased from 5.4% to 2.8% over the year to September 2024, the Reserve Bank of Australia (RBA) remains cautious. Governor Michele Bullock emphasized the need for sustainable inflation levels within the 2-3% target range before rate cuts occur. Forecasts for interest rate reductions vary:

  • CBA: February 2025
  • ANZ and Westpac: May 2025
  • NAB: June 2025

Cost of Living Pressures

Australia’s economic growth remains sluggish, with just 0.8% growth through 2024—the lowest since the December 2020 quarter. Personal income tax cuts and energy subsidies have provided some relief, but rising mortgage costs continue to strain households. Government spending remains a key driver of economic activity.


International Developments: The Trump Effect

Donald Trump has been inaugurated as U.S. President on 20 January 2025, with the Republican Party controlling both the Senate and the House. Trump’s proposed policies, including tariffs on imports from China, Canada, and Mexico, raise concerns of a trade war. Key statements include:

  • A 25% tariff on goods from Canada and Mexico.
  • An additional 10% tariff on Chinese imports.

For Australia, these policies could have a secondary impact, given China’s significance as Australia’s largest trading partner, accounting for 26% of two-way trade in 2023. A slowdown in China’s economy may negatively affect Australia’s economic growth. The immediate result has been a decline in the AUD/USD, currently hovering around 63c.


Environmental Policy: New Car Emissions Standards

From 1 January 2025, vehicle manufacturers will face mandatory CO2 emissions targets for new cars. These targets will gradually tighten over time, requiring manufacturers to produce more fuel-efficient or zero-emission vehicles.

While manufacturers can still sell any type of vehicle, they must balance less efficient models with more fuel-efficient ones. Suppliers who meet or exceed their targets will earn credits, while those who fall short will have two years to either trade credits or generate them before facing penalties.


Workplace Changes: Wage Theft Criminalised

Effective 1 January 2025, intentional underpayment of wages or superannuation will become a criminal offence. Employers face penalties if they intentionally fail to pay required amounts under the Fair Work Act or relevant agreements.

  • Penalties: Fines up to three times the underpayment amount or a maximum of $7.825 million.

Transitioning Away from Cheques

The government has outlined a plan to phase out cheques:

  • Cheques will no longer be issued after 30 June 2028.
  • Cheques will no longer be accepted after 30 September 2029.

Usage of cheques has declined by 90% in the last decade, and banks have already begun discontinuing chequebooks for new customers. Despite this transition, cash remains an essential payment method.

Cash Remains Essential

While Australians increasingly use digital payments, the government has emphasized the importance of cash:

  • 1.5 million Australians rely on cash for over 80% of in-person payments.
  • Cash provides a backup during digital outages or natural disasters.

The government intends to mandate that businesses accept cash for essential items, with certain exemptions for small businesses.


Final Thoughts: Slow and Steady Progress

2025 promises measured changes in tax, superannuation, and economic policy, along with ongoing political and international challenges. While the path toward stability remains uncertain, businesses and individuals should prepare for key transitions in legislation, workplace regulation, and global trade conditions.

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

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Tax-Savvy Christmas Celebrations: What You Need to Know

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

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Tax Deduction Denied for Basketball Shoe R&D

Tax Deduction Denied for Basketball Shoe R&D

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

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Tax Obligations for International Workers: A Simple Guide

Tax Obligations for International Workers: A Simple Guide

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.

  1. 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.
  2. 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.
  3. 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.

  1. 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

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Are Student Loans Too Big? Understanding HECS-HELP and Loan Management in Australia

Are Student Loans Too Big? Understanding HECS-HELP and Loan Management in Australia

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

Read more