Travel expenses – how to make the best claim

Travel expenses area tax auditor’s delight.  So what do you need to do to  claim everything you are entitled to claim?  The basics are:-

  • One must keep written or scanned evidence of all expenses when away from home for more than one night.
  • If one is travelling overseas or away for more than six nights within Australia, then a travel diary must be keep. Note the word must; it is not an optional requirement.  No diary, no claim.
  • Travel diaries can be bought at most newsagents. The simplest things to say is fill in each column to each row, but it is worth noting that one must record:-  – the nature of the activity.  – the day and time that the business activity commenced.  – how long the business activity lasted  – the name of the place where you engaged in the business activity.
  • Collect as many business cards and brochures as you can.  Photos are also great proof of what you did.

What if the trip is partly private and how might costs be split?

These are my views as the ATO provides surprising little clarity on this matter:-

  • If one goes for a conference to say Europe, then such a long haul means that it is unreasonable to expect one to fly in the day before and then spend say four days sitting in a darkened room.  Arriving say two days early does not in my view change the purpose of the trip.  Consequently, the cost of the whole flight remains fully deductible.
  • In my view, if one stays on for a day and/or it coincides with a weekend, the trip remains fully deductible.
  • The costs incurred on the work/conference days are deductible such as accommodation and food (but not excessive alcohol).
  • Sightseeing trips are not deductible.
  • What if one attends a week long conference but enjoys a week’s holiday beforehand or afterwards? Clearly the holiday is not deductible. However, it also raises a question as to whether the whole air fare can be claimed.  Unless there is some compelling counter argument, the air fare would need to be apportioned on a proportional days basis.
  • What if one’s partner comes along to the conference or business trip. One method is to only claim half of the accommodation costs.  Another method which I subscribe to is to find out the single rate and claim that – as that is what would have been incurred but not for the partner.  In some cases, it is the same rate.  Make sure you keep the evidence of the alternative room rate.

A common problem is obtaining receipts in some countries.

Thankfully, the ATO provides relief to this problem.  The ATO allows employers to pay their employees (which can includes the directors of a company) a daily travel allowance.  The ATO annually sets out daily rates that employers can pay employees to cover their daily travel costs of food, travel and other incidental expenses.  There are rates for Australia (which include accommodation) and overseas (which do not include accommodation costs as they must be fully substantiated).  Please ask us if you would like a copy of the current year rates.  There are differing rates for different areas with higher rates applying to higher costs centres and levels of salary.  Moreover, an employee is exempt from substantiation if they do not claim more than the allowance.

As it is an allowance, it must be treated as such in your payroll system, be reported within W1 on the next BAS and shown as an allowance on the end of year PAYG Payment Summary.  Please ask us if you would like help in setting this up correctly.

For further information on reasonable travel allowances, please search on our past blogs.

Please remember that as it is an allowance, this method can’t be used by those running a business in their own name or by partners in a partnership.

Long service leave calculator

Not sure how much long service leave an employee is entitled to? That’s a common question as the rules are quite complex, particularly when an employee changes their hours of work over the entitlement period.  Thankfully, the government department Business Victoria has a long service leave calculator which you can use.

You can go to http://www.business.vic.gov.au/calculatelongserviceleave and work through a series of questions so have your employment records to hand.

You also need to mindful that the governing legislation was replaced on 1st November 2018.  At that time the Long Service Leave Act 2018 came into effect.  This Act has a number of significant changes that all employers need to be aware of.  For more detail, please refer to our November 2018 edition of Tips & Traps (that being our monthly client newsletter).  Please don’t hesitate to contact us if you would like a copy forwarded to you.

We welcome your contacting us should you require any guidance or assistance in respect of this or any other employment matter.

WorkCover – avoid a fine

WorkCover requires that the If you are injured at work poster in each workplace.

You can download the poster at https://tinyurl.com/ychzvxdw

Cash flow – getting paid quicker

If you want to get paid quicker by your customers make it easy for them. One way to do so is to provide credit card facilities.  Yes, you may be charged merchant fees but that is usually cheaper than the costs incurred in carrying your debtors.

Call us if you would like help with this.

How do I get a Tax File Number?

You can apply for a Tax File Number by:-

  • Completing an online form and then booking an appointment at Australia Post. The appointment must be held within 30 days of completing the form. You must take the completed form and proof of identity documents with you to that meeting.
  • Department of Human Services customers can apply in person.
  • You can also order an application form and mail it to the ATO.

Our clients have tended to prefer the Australia Post option. A Tax File Number (TFN) should issue within 28 days.  You can access the Australia Post TFN application form here – https://identityservice.auspost.com.au/ato/landing

You can apply at any age for a TFN.

Common reasons for young people to apply are:-

  • Required for part time work.
  • To be able to register for a university course (and the HELP system).
  • Notifying bank of your own TFN rather than your parents’. Banks will withhold tax at 47% where interest is more than $120 and a child is over 16. The limit is $420 where a child is under 16.

In reality, it’s never too early to apply for a TFN.

A TFN is a most sensitive personal identifier.  Extreme care should be taken to protect it.  If you believe your TFN has been stolen, you should report the ATO’s Client Identity Support Centre on 1800 467 033 (open between 8.00am and 6.00pm, Monday to Friday).

You may also wish to watch the ATO’s YouTube video on applying for a Tax File Number.

Be careful with industry benchmarks

 

Be careful with industry benchmarks for I have two problems when measuring against industry benchmarks:-

1/.   Are you really comparing apples with apples?

How many businesses make up the benchmark and just how comparable are they to each other and indeed to your own business?

Are they big & small, metropolitan &/or country based, new & old, running the same funding and operational structures and so on.

One can place faith in more common and the more identifiable businesses but otherwise, great care should be taken. Data from well know franchises can reliably be compared against each other, but thereafter, beware.

2/.   I have found over the years that clients who focus on their industry benchmark fall for the trap of thinking that as they ahead or close to a benchmark, that all is OK. Laziness and mediocrity tend to creep in (it reminds me of one of those great lines from Jim Collins seminal book Good to Great – good is the enemy of great).

More successful business owners however are more focused on improving any system and process in their business.

It’s amazing how often little changes have big results (see our blog titled Greater profitability is closer than you may think).

So should you refer to industry benchmarks? The answer is yes but a qualified one. Just make sure you know what you are comparing yourself to and more importantly.  Also, place greater emphasis on improving the processes and systems within your own business. In this regard, it is amazing how some businesses have come to dominate their industry by employing systems and processes from different industries.

The one benchmark though that you should not avoid is any applicable ATO’s small business industry benchmark. Like many accountants, I question how they derive their numbers.  For example, it is a blight upon my profession that many public accountants lazily declare cost of goods sold items within overheads so this must greatly distort the ATO’s gross profit margin numbers. Questionable as these benchmarks are, they can’t be ignored as they are the ATO’s greatest business audit selection method and they target those businesses operating outside the ATO’s industry benchmarks.

We have software that reports on your business’ performance in real time.  Some of the measures are leading indicators so you can understand what will happen next.  We can also play with the key drivers to see what will be the result of making changes to your key drivers.  We welcome the chance to demonstrate this to you in a free meeting.

What GST to charge on food and drinks?

We often get asked by our food and hospitality clients what GST to charge on food and drinks.

Sounds easy but its frequently not.

Thankfully the ATO have created a search tool which you can find at:-

ATO GTS food and drink search tool

We help a number of clients within food and hospitality and would welcome the opportunity to uncover the ways in which we can help you.  We can also show you our real time reporting food and hospitality dashboard (which is full on financial and non-financial KPI’s).

 

Companies beware – Division 7A changes

Division 7A is the area of tax law that requires shareholders or their associates (which includes family members and trusts) to repay loans to companies. Current laws been in place for 21 years but remain incapable of being fully understood by a reasonable person.

We therefore welcomed the announcement within the 2016 Federal Budget that the government would simplify Division 7A with effect from July 2018.

July 2018 has obviously come and gone.

However, Treasury has finally released a consultation paper.

Treasury alleges that it is based on the recommendations by the Board of Taxation.  It is anything but.

In fact it’s downright scary!

Announcements from the 2016 Federal budget which have found their way into the Treasury consultation paper include:-

  • All loans to be placed on 10 year terms.
  • Removal of the need for a formal agreement.

Those aside, other changes are nasty to say the least and include:-

  • Repayments in early years will be higher annual instalments to be equal.
  • The interest rate will be calculated off a different base and will increase by some 3%. In other words, it costs individuals more and the company pays more tax.
  • Repayments during the year will be disregarded so interest will be based off the opening balance. How unfair and unrealistic can you get?
  • Pre-1997 loans that are not treated under the current system will be required to adhere to Division 7A.
  • Division 7A currently only applies where there is an excess of assets over liabilities. This exemption will be removed.
  • Unpaid distributions by trusts to companies will be required to be on 10 year loan term from 2019.
  • Private use assets of the company will be required to be valued under a formula and subject to a market valuation every five years.
  • The period of review under which the ATO can go back and review the situation will be increased to 14 years. Other than fraud (where the ATO can go back as far as I like), no area of tax law has a period of review anywhere near as long as this.

The 2016 Federal Budget announcement was made under the guise that there would be a simplification of Division 7A. This is not a simplification.  This is dramatic shift under which the implications are far more onerous and costly.

Treasury’s consultation paper has caused a storm within the profession. It such a dramatic shift that it will be hard for the profession to retain current positions. There is also remarkably short period of time to do so as the amendments are to apply from July 2019.

We will keep our affected clients informed. Moreover, we will be actively be taking corrective stances before July 2019.  We do though welcome any query you may have now.

Exempt fringes benefits – mobiles & other electronic devices

A small business can provide an employee with a portable electronic device every year and do so free of Fringe Benefits Tax.  They qualify as exempt fringes benefits.

That could be a mobile, lap-top or tablet.

The limit is one per year but it must be used for work purposes.

It probably doesn’t mean as much to the owner of a small business as they are going to get a deduction under the $20,000 asset write-off concession (but which is due to expire come 30th June 2019).  But if you are an employee, it is a cost effective way of buying such items.

Want to know a few more tips – then call us.

Or better yet, meet with us as our initial meeting with business clients is free of cost or obligation.

Single touch payroll for small businesses

Single touch payroll for small businesses is not far away.

Come July 2019, every small business in the country will need to report their payroll to the ATO at the time of payment.  No longer will a business report total wages and tax on an activity statement and then confirm what was paid to whom by issuing PAYG Payment Summaries (group certificates) after year end.

Instead, at the time of payment, a business will need to report to the ATO:-

  • How much was paid to each employee, and
  • What the tax withheld was and what super is required to be paid.

This will allow the ATO to better chase up unpaid PAYG Withholding.  Moreover, by matching super contributions received as reported by super funds, the ATO will be better placed to chase the almost $3 billion of unpaid SG super.  And don’t think the ATO and the government aren’t serious about this.  They have already announced an intention to legislate 12 months jail terms for unpaid super (presumably of some significant amount).

Not that directors don’t want to not pay PAYG Withholding and SG super.  Since July 2012, PAYG Withholding and SG super unreported and unpaid after 3 months becomes a personal tax liability of a director.

This is not something to be left to July or that last minute.

Please pay attention to our progressive information and training.

The ATO has announced that small businesses don’t need to have a payroll program (and presumably they will release some on line version). But a payroll program will make it easier.

As stated above, we will educate and assist our clients to comply. If you have another accountant, then we welcome the chance to explain to you how we can help you in this area and other ways we can assist you to improve your business and to make you more successful and secure.

You may also wish to watch the following introductory ATO video.

https://www.youtube.com/watch?v=aryD4-MfDjA