The Budget estimates an underlying cash deficit of $36.9 billion for 2022-23 (and $44bn for 2023-24). While the economy is expected to grow by 3.25% in 2022-23, it is predicted to slow to 1.5% for 2023-24, a full percentage point lower than forecast in March 2022. Inflation is expected to peak at 7.75% later in 2022, but is projected to moderate to 3.5% through 2023-24, and return to the Reserve Bank's target range in 2024-25.
While the Budget does not contain major tax changes it does seek to begin some "Budget repair work" via tax integrity measures, by making sure multinationals pay a fairer share of tax in Australia, by extending successful tax compliance programs, and by giving the ATO the resources they need to crack down on tax dodging.
Summary
· Digital currencies, not a foreign currency – the Budget Papers confirm that the Government is to introduce legislation to clarify that digital currencies (such as Bitcoin) continue to be excluded from the Australian income tax treatment of foreign currency.
· Intangible assets depreciation – reversal of previously announced option to self-assess effective life for certain intangible assets (e.g., intellectual property and in-house software). The effective lives of such assets will continue to be set by statute.
· Penalty unit increase – the Government will increase the amount of the Commonwealth penalty unit from $222 to $275 from 1 January 2023.
· Super downsizer contributions eligibility age reduction to 55 confirmed. The Government confirmed its election commitment that the minimum eligibility age for making superannuation downsizer contributions will be lowered to age 55 (from age 60).
· COVID grants treated as non-assessable non-exempt (NANE) income – the Budget Papers contain a listing of further State and Territory COVID-19 grant programs eligible for non-assessable, non-exempt treatment.
· Paid Parental Leave (PPL) scheme - to be expanded from 1 July 2023 so that either parent can claim the payment. From 1 July 2024, the scheme will be expanded by two additional weeks a year until it reaches a full 26 weeks from 1 July 2026.
· Tax Practitioners Board funding – the TPB will get increased funding to investigate high-risk tax practitioners and unregistered preparers.
· Off-market share buy-backs – the Government intends to align the tax treatment of off-market share buy-backs undertaken by listed public companies with the treatment of on-market share buy-backs.
· Energy Efficiency Grants for small and medium-sized enterprises. The Government will provide funding to support small to medium enterprises to fund energy-efficient equipment upgrades
· Australia’s Foreign Investment Framework – Increase to fees and penalties Government has increased foreign investment fees and will increase financial penalties for breaches that relate to residential land.
· Multinational Tax Integrity Package. The Government has announced the following changes in relation to its Multinational Tax Integrity.
o Amending Australia’s interest limitation (thin capitalisation) rules
o Denying deductions for payments relating to intangibles held in low or no-tax Jurisdictions
o Improved tax transparency
Tax-related measures announced
1. Digital Currency – Clarifying that digital currencies are not taxed as foreign currency
The Government will introduce legislation to clarify that digital currencies (such as Bitcoin) continue to be excluded from the Australian income tax treatment of foreign currency.
This maintains the current tax treatment of digital currencies, including the capital gains tax
treatment where they are held as an investment. This measure removes uncertainty following the
decision of the Government of El Salvador to adopt Bitcoin as legal tender and will be backdated
to income years that include 1 July 2021.
The exclusion does not apply to digital currencies issued by, or under the authority of, a
government agency, which continue to be taxed as foreign currency.
2.Depreciation – Reverse the self-assessment of the effective life of intangible assets
The Government will not proceed with the measure to allow taxpayers to self-assess the effective life of intangible depreciating assets, which was announced in the 2021/22 Budget.
The previous Government announced it would allow taxpayers to self-assess the tax effective lives of eligible intangible depreciating assets, such as patents, registered designs, copyrights and inhouse software. This measure was proposed to apply to assets acquired from 1 July 2023.
3.Increase in Commonwealth penalty unit
The Government will increase the amount of the Commonwealth penalty unit from $222 to $275,
from 1 January 2023. The amount will continue to be indexed every three years in line with the
CPI as per the pre-existing schedule, with the next indexation occurring on 1 July 2023.
Penalty units are used to describe the amount payable for fines under Commonwealth laws,
including in relation to tax offences. Fines are calculated by multiplying the value of one penalty
unit by the number of penalty units prescribed for the offence.
4. Superannuation – Expanding the eligibility for downsizer contributions
The Government will allow more people to make downsizer contributions to their superannuation,
by reducing the minimum eligibility age from 60 to 55 years of age. The measure will have effect
from the start of the first quarter after Royal Assent of the enabling legislation.
The downsizer contribution allows people to make a one-off post-tax contribution to their
superannuation of up to $300,000 per person from the proceeds of selling their home. Both
members of a couple can contribute and contributions do not count towards non-concessional
contribution caps.
Further to this announcement, the Government has also announced further (non-tax) measures to reduce the financial impact on pensioners looking to downsize their homes in an effort to minimise the burden on older Australians and free up housing stock for younger families, as follows:
• Extending the assets test exemption for principal home sale proceeds from 12 months to 24
months for income support recipients.
• Changing the income test to apply only the lower deeming rate (0.25%) to principal home sale
proceeds when calculating deemed income for 24 months after the sale of the principal home.
5. COVID-19 business grants – Making COVID-19 business grants non-assessable non-exempt
In response to COVID-19, payments from certain state and territory business grants, made prior
to 30 June 2022, can be made non-assessable non-exempt (‘NANE’) for income tax purposes,
subject to eligibility. This tax treatment is only provided in exceptional circumstances, such as the
severe economic consequences facing businesses during the COVID-19 pandemic.
6. Energy Efficiency Grants for small and medium sized enterprises
The Government will provide funding to support small to medium enterprises to fund energy
efficient equipment upgrades. The funding will support studies, planning, equipment and facility
upgrade projects that will improve energy efficiency, reduce emissions or improve the management of power demand.
7. Boosting Paid Parental Leave
The Government has announced it will introduce reforms from 1 July 2023 to make the Paid
Parental Leave Scheme flexible for families so that either parent is able to claim the payment and
both birth parents and non-birth parents are allowed to receive the payment if they meet the
eligibility criteria.
Parents will also be able to claim weeks of the payment concurrently so they can take leave at the same time.
From 1 July 2024, the Government will start expanding the scheme by two additional weeks a year until it reaches a full 26 weeks from 1 July 2026.
Both parents will be able to share the leave entitlement, with a proportion maintained on a ‘use it
or lose it’ basis, to encourage and facilitate both parents to access the scheme and to share the
caring responsibilities more equally. Sole parents will be able to access the full 26 weeks.
8. Extending ATO Compliance Programs
The Government has announced it will extend the following ATO compliance programs:
(a) Personal Income Taxation Compliance Program
The Government will provide funding to the ATO to extend its Personal Income Taxation
Compliance Program for two years from 1 July 2023. This extension will enable the ATO to
continue to deliver a combination of proactive, preventative and corrective activities in key
areas of non-compliance, including overclaiming deductions and incorrect reporting of income.
(b) Shadow Economy Program
The Government will extend the existing ATO Shadow Economy Program for a further three
years from 1 July 2023. The extension of the Shadow Economy Program will enable the ATO
to continue a strong and co-ordinated response to target shadow economy activity, protect
revenue and level the playing field for those businesses that are following the rules.
(c) Tax Avoidance Taskforce
The Government has boosted funding for the ATO Tax Avoidance Taskforce by around $200
million per year over four years from 1 July 2022, in addition to extending this Taskforce for a
further year from 1 July 2025. The boosting and extension of the Tax Avoidance Taskforce
will support the ATO to pursue new priority areas of observed business tax risks,
complementing
9. Tax Practitioners Board – Compliance program to enhance tax system integrity
The Government will provide $30.4 million to the Tax Practitioners Board (‘TPB’) to increase
compliance investigations into high-risk tax practitioners and unregistered preparers over four
years from 1 July 2023.
The TPB will use new risk engines to better identify tax practitioners who engage in poor and
unlawful tax advice, to improve tax compliance and raise industry standards.
10. Supporting Small Business Owners
The Government will provide $15.1 million over two calendar years from 1 January 2023 until 31
December 2024 to extend the Small Business Debt Helpline and the NewAccess for Small
Business Owners programs to support the financial and mental wellbeing of small business
owners.
11. Off-market share buy-backs
The Government will improve the integrity of the tax system by aligning the tax treatment of offmarket share buy-backs undertaken by listed public companies with the treatment of on-market share buy-backs.
This measure is proposed to apply from 7:30pm AEDT, 25 October 2022 (i.e., Budget night).
12.Australia’s Foreign Investment Framework – Increase to fees and penalties
The Government has increased foreign investment fees and will increase financial penalties for
breaches that relate to residential land.
Fees doubled on 29 July 2022 for all applications made under the foreign investment framework.
The maximum financial penalties that can be applied for breaches in relation to residential land will also double on 1 January 2023.
Fees ensure Australians do not bear the cost of administering the foreign investment framework,
and penalties encourage compliance with these rules.
13. Multinational Tax Integrity Package
The Government has announced the following changes in relation to its Multinational Tax Integrity
Package:
(a) Amending Australia’s interest limitation (thin capitalisation) rules
The Government will strengthen Australia’s thin capitalisation rules to address risks to the
corporate tax base arising from the use of excessive debt deductions. This measure will apply
to income years commencing on or after 1 July 2023.
The current thin capitalisation regime limits debt deductions up to the maximum of three
different tests: a safe harbour (debt to asset ratio) test; an arm’s length debt test; and a
worldwide gearing (debt to equity ratio) test.
The Government will replace the safe harbour and worldwide gearing tests with earnings based
tests to limit debt deductions in line with an entity’s activities (profits).
The changes will apply to multinational entities operating in Australia and any inward or
outward investor, in line with the existing thin capitalisation regime. Financial entities will
continue to be subject to the existing thin capitalisation rules.
(b) Denying deductions for payments relating to intangibles held in low or no tax
jurisdictions
The Government will introduce an anti-avoidance rule to prevent significant global entities
(entities with global revenue of at least $1 billion) from claiming tax deductions for payments
made directly or indirectly to related parties in relation to intangibles held in ‘low-or no-tax’
jurisdictions. The measure will apply to payments made on or after 1 July 2023.
(c) Improved tax transparency
The Government will introduce reporting requirements for relevant companies to enhance the
tax information they disclose to the public, for income years commencing from 1 July 2023.
The Government will require:
• large multinationals to prepare for public release of tax information on a country-by-country
basis and a statement on their approach to taxation, for disclosure by the ATO;
• Australian public companies (listed and unlisted) to disclose information on the number of
subsidiaries and their country of tax domicile; and
• tenderers for Australian Government contracts worth more than $200,000 to disclose their
country of tax domicile.
The full suite of Budget Papers can be accessed at the Federal Budget mini site here
https://budget.gov.au/2022-23-october/content/documents.htm
Source: Chartered Accountants ANZ 28 October 2022
For more information or assistance please contact Infinite Accounting Solutions on 02 9899 4730 or via the contact page at www.ias-ca.com.au