2016 End Of Financial Year Tax Planning Strategies

Below are some practical strategies that need to be implemented by 30 June to reduce this year’s tax liability.

SMALL BUSINESSES

Tax planning strategies differ if your business is considered a small business under the Tax Act.

In order to be a small business, the turnover of the business, including connected entities and affiliates, has to be less than $2 million GST exclusive per annum. The turnover for either the current financial year or the previous financial year can be used. 

Where your business is incorporated, the company tax rate is 28.5% for the 2015/16 year. 

1.  Instant asset write-off of $20,000

A small business can claim an immediate tax deduction for “individual” assets (including motor vehicles) costing less than $20,000 (GST exclusive), including individual assets that form part of a set.   

This immediate write-off applies equally to the purchase of new and second hand assets which are used in the business.

Note that to be entitled to the deduction this financial year the asset needs to be ordered, used, or installed ready for use by 30 June 2016.

2.  Deduction for pre-paid expenses

A small business can claim an immediate deduction for certain prepaid business expenses where the payment covers a period of 12 months or less that ends in the next income year. The most common expenses that you should consider prepaying by 30 June 2016 include lease payments, interest, rent, business travel, insurances, business subscriptions, etc.

Note that your business must be able to make the prepayment under the relevant contractual agreement to get the immediate tax deduction this financial year - you cannot simply choose to prepay the expense 

3.  Other tax concessions

A small business is also entitled to the following additional two tax concessions:

• Simplified trading stock rules, giving small businesses the option to avoid an end of year stocktake if the value of their stock has changed by less than $5,000 from the previous year; and

• The option to account for GST on a cash basis and pay GST instalments as calculated by the ATO.

4.  Small business turnover threshold increased to $10M from 1 July 2016

In the recent budget, the Government announced that the turnover threshold for a small business will increase from $2 million to $10 million for the 2016/17 year. This means that from 1 July 2016, businesses with an aggregated turnover of less than $10M, will be able to claim the instant asset write-off of $20,000 and benefit from the other tax concessions outlined above, including a reduction in the company tax rate from 28.5% to 27.5%.

Businesses that turnover between $2M and $10M, may wish to defer the purchase of assets costing less than $20,000 until the new financial year in order to access this immediate tax deduction.

This change to the turnover threshold and reduction in the company tax rate to 27.5% is conditional upon the government retaining office at the July 2 election and the legislation is ultimately passed by the Senate.

Make super contributions by 30 June 2016   

The maximum concessional superannuation contribution limits for the 2015/16 year are: 

- age 49 and over on 30 June 2015      - $35,000 contribution limit

- age 48 and under on 30 June 2015    - $30,000 contribution limit

Note that employer super guarantee contributions and salary sacrifice contributions are included in the cap. Where a concessional contribution is made which exceeds these amounts, the excess is taxed at your marginal rate, less a 15% tax offset for the tax already paid by the super fund on the excess contribution.  

If you are self-employed and making a personal superannuation contribution, ensure you obtain the correct documentation from your superannuation fund to substantiate claiming the deduction before lodging your tax return.

In order to obtain a deduction in the 2016 financial year, the contribution must to be received by your superannuation fund by 30 June 2016 (see below). 

Super contributions made by cheque or electronic funds transfer (EFT) 

Care needs to be taken where last minute contributions are made by cheque or electronic fund transfer to ensure that the deduction can be claimed in the current financial year.

Where the super contribution is made by cheque and the fund receives it by 30 June 2016, the deduction is allowed in the current financial year so long as the trustee banks the cheque within 3 business days and the cheque is not subsequently dishonoured.

Where the contribution is by EFT, it is taken to be made when the amount is “credited” to the bank account of the fund and not when the transfer is made.

Unless the contribution is made between linked accounts of the contributor and the fund (held at the same bank), the deduction may be deferred to the next financial year where the funds are not credited to the super fund account by 30 June 2016. 

Defer income & capital gains tax 

• Businesses that return income on a cash basis are assessed on income as it is received. A simple end of year tax planning strategy is to delay “receipt” of the income until after 30 June 2016.

• Businesses that return income on a non-cash basis are generally assessed on income as it is derived or invoiced. Income may be deferred in some circumstances by delaying the “issuing of invoices” until after 30 June 2016.

• Realising a capital gain after 30 June 2016 will defer tax on the gain by 12 months and can also be an effective strategy to access the 50% general discount which requires the asset to be held for at least 12 months. The date of the contract is the realisation date for capital gains tax purposes. In some cases, the capital gain can be further reduced to Nil under the small business capital gains tax concessions.

Family trust distributions 

For the 2015/16 year, minors (i.e. children under the age of 18 at 30 June) can receive investment income (including trust distributions) of up to $416 without paying tax. Any income earned above this amount is taxed at penalty rates.

Income received by a family trust should be allocated amongst the various beneficiaries by 30 June each year and documented by way of resolution. It is preferable that the resolution is made by 30 June 2016 to avoid any later dispute with the ATO as to whether the income was properly allocated by this date.

The exact requirements for allocating trust income are set out in the trust deed, and as each trust deed is different, it is vital that trustees are aware of the terms applying to that particular trust.

Failure to follow the terms of the trust deed and to allocate the relevant income by 30 June may result in the trustee paying tax on income at the top marginal tax rate of 49% (including 2% medicare levy).

Note also that special rules apply to the “streaming” of capital gains and franked dividends received by family trusts to particular beneficiaries, and if you wish to stream it is critical that this is done correctly.  

Write-off slow moving or obsolete stock 

All businesses have the option of valuing trading stock on 30 June 2016 at the lower of actual cost, replacement cost, or market selling value. Furthermore, this valuation can be applied to each item of trading stock.

For example, where the market selling price of stock items at year-end is below the actual cost price, your business can generate a tax deduction by simply valuing the stock at market selling value for tax purposes.

Also, in situations where stock has become obsolete at year-end (e.g. fashion clothing), your business may elect to adopt a lower value than actual cost, replacement cost, or market selling value.

Maximise depreciation claims for non-small businesses (i.e. turnover >$2M) 

• An immediate deduction can be claimed for assets costing less than $100 GST inclusive (e.g. minor tools).

• A tax deduction can be claimed for depreciable assets that are scrapped or sold for less than their written down value.

• Assets costing less than $1,000 GST exclusive can be allocated to a “low value pool” and depreciation claimed of 18.75% for 2016 (37.5% thereafter) regardless of when the assets were acquired during the income year.

Claim deductions for expenses not paid at year end 

All businesses are entitled to an immediate deduction for certain expenses that have been “incurred” but not paid by 30 June 2016 including: 

Salary and Wages. A tax deduction can be claimed for the number of days that employees have worked up to 30 June 2016, but have not been paid until the new financial year.    

Directors Fees. A company can claim a tax deduction for directors fees it is “definitely committed” to at 30 June 2016 and has passed an appropriate resolution to approve the payment. The director is not required to include the fees in their taxation return until the 2016/17 year when the amount is actually received.

Staff Bonuses and Commissions. A business can claim a tax deduction for staff bonuses and commissions that are owed and unpaid at 30 June 2016 where it is “definitely committed” to the expense.

Repairs and Maintenance. A deduction can be claimed for repairs undertaken and billed by 30 June 2016 but not paid until the next income year. 

Write-off bad debts 

If your business accounts for income on a non-cash basis and has previously included the amount in assessable income, a deduction for a bad debt can be claimed in 2015/16 so long as the debt is declared bad by 30 June 2016.

Your business will need to show that it has made a genuine attempt to recover the debt by 30 June to prove that the debt is bad. It’s preferable that this decision is made in writing (e.g. a company directors minute).

Your business can also claim back the GST paid on debts that have been written off as bad, or where not written off as bad, the debt has been outstanding for 12 months or more.

Personal services income rules

If you conduct a business through a trust or company structure that relies on your personal effort and skill to generate the income, there are special rules that apply to the diversion of some or all of that personal services income.

For example, if your company earns the personal services income, the ATO can treat the income as having been earned by the individual earning the income (rather than the company) unless certain tests can be satisfied.   

Disclaimer
Tax updates are provided solely for general information purposes and are not intended as professional advice. Readers should not act on the information contained therein without proper advice from a suitably qualified professional.
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