Posts Categorized: BAS and super obligations

Deadlines for Sep 15 quarter

For those of you who are employers, Wednesday 28th October is the end date for satisfying your SGC super obligation for the September quarter.  Late payments will attract substantial interest and penalties.  Consequently, SGC super should never be paid late.  In the past, payments made even a day late had to be paid directly to the ATO.  Now payments up to a month late can still be made to employees’ super funds.  Payments made more than one month in arrears must be paid to the ATO.  BAS’s and SGC liabilities that remain unreported and unpaid after 3 months automatically become personal debts of directors.

As per earlier reminders, the SGC rate increased from 9.25% to 9.50% as from 1st July 2014.  Please ensure that your system is calculating the SGC at this slightly higher new rate as we have found some clients have still been using the previous rate.

For those who lodge a quarterly BAS, your September quarter BAS is due for lodgement by Wednesday 28th October.  However, you will have to Wednesday 11th November if you are a registered user of the Tax Office’s Taxpayer Portal.  As per our June 2014 edition of Tips & Traps, we encourage you to register for the ATO Taxpayer Portal if you have not done so already; particularly as no further paper activity statements will be issued when an activity statement has been lodged electronically after 30th June 2014.

At MRS, we will spend today planning for your success tomorrow.

Employer reporting obligations for June 2015

For those of you who are employers, Tuesday 28th July is the end date for satisfying your SGC super obligation for the June 2015 quarter.  Late payments will attract substantial interest and penalties which effectively doubles or triples the cost.  Even if your cash flow is tight, this commitment should be paid before anything else.

The final day for payments and reporting of Victorian Pay-roll Tax is Tuesday 21st July.

For those who lodge a quarterly BAS or IAS, your June quarter activity statement is due to be lodged by Tuesday 28th July (but 25th August for activity statements if you have registered your business as a user of the Taxpayer Portal and are not paying only fixed $ instalments).

Please note that lodgement of an activity statement (even if it is nil statement) and payment are two separate requirements.  Late lodgement attracts a minimum non-deductible fine of $170 for every 28 days that a form is lodged late whereas as late payment results in an interest levy (which is often remitted).  A fine is not tax deductible, interest is.  Not that we encourage it, but should you not be able to pay an activity statement in full, do not defer lodgement as the possible fines are significant.  The ATO will of course in time identify that an activity statement liability has not been paid and follow it up; but by this time though the liability should be paid in full anyway and at worst, incur a deductible interest charge far less than any non-lodgement penalty.

I remind you that under the Director Penalty Regime which came into effect in July 2012, PAYG Withholding (WH) and SGC super which remains unreported and unpaid after 3 months now results in the unpaid amounts becoming a personal liability of any directors.  Placing a company into liquidation doesn’t avoid or extinguish this liability.  For further information, please refer to our September 2012 Tips and Traps newsletter.

WorkCover finally saw sense a few years ago and now issue staggered lodgement dates for the annual Certificate of Rateable Remuneration.  This Certificate advises WorkCover of the exact remuneration for the prior year which triggers a reconciliation process against premiums paid during the 2014/15 year.  The Certificate also serves to advise the expected remuneration for the forthcoming 2015/16 year.  Non-lodgement may result in an excess assessment as their default assessment may increase remuneration by some 20%.  Employers with a March 2016 lodgement date who expect to have lower remuneration in 2015/16 will need to lodge their 2015 Certificate before the end of August to ensure that are not levied an excessive premium in 2015/16.  Please contact us should you have any queries or require assistance.

The government had previously scheduled the introduction of the Single Touch Payroll (STP) reporting for all employers on an progressive basis from July 2016 (with all employers required to adhere to electronic notification by July 2018).  They have deferred the first introduction date of July 2016 as they now (finally) understand that businesses are largely unprepared for such a system and the associated costs.  Under this system, each payment to each employee will be reported to the ATO at the time of payment (including super thereon).  We had been developing  package to our clients who would have been unable or not willing to attend to this real time reporting but will now defer any further action until we have a concrete start date.

Choice of super fund

Offering employees choice of super fund has been compulsory for most employers since July 2005.  It was introduced for two major reasons:-

  • To enable employees to dictate where their super savings where invested, and
  • Overcome the problem of departing employees not being able to continue their existing life insurance – not ideal for one over 45 years of age.

An employer not excluded from the choice system must provide an employee with a Standard Choice Form within 28 days:-

  • To a new employee.
  • To an existing employee who requests to make another nomination.
  • Where you change the default fund.
  • You are unable to contribute to the nominated employee’s fund.
  • The employee’s fund becomes a non-complying fund.

The form must offer a default fund into which contributions will be made if the employee doesn’t nominate a different complying super fund (which can be the employee’s own self managed super fund).  If the employee exercises choice, they must complete the form and return it with certain information as set out on the form.  You can obtain a copy of the form by clicking on the following link:-

http://tinyurl.com/pcnj3oc

Once an employee exercises choice by nominating a fund, an employer has 2 months to arrange for contributions to be made into the nominated fund.

Which funds can an employer use a default fund?  It must:-

  • Be a complying fund,
  • Be registered by APRA to offer a MySuper product,
  • Provide a minimum level of life insurance as set out in the regulations.

If you would like to know more, please call us or ask for a copy of the last edition of our Tips and Traps newsletter which explored this area in more detail.

Upcoming deadlines for Dec 14 qtr

For those of you who are employers, Wednesday 28th January is the end date for satisfying your SGC super obligation for the December quarter.  Late payments will attract substantial interest and penalties.  Furthermore, a tax deduction can’t be claimed for the late payment.  This is therefore the most important obligation to be paid.  I therefore recommend that payments be made by Friday 23rd at the latest to guard against processing delays.

For those who lodge a quarterly BAS or IAS, your December quarter activity statement is due to be lodged by 3rd March.  As these quarterly activity statements already receive a one month extension, the ATO doesn’t grant any further extensions.  Please remember that from 30th June 2014, electronic lodgement of any activity statement will result in no further paper activity statements being issued.  We again recommend businesses to register for the ATO Taxpayer Portal to enable electronic lodgement and to more easily liaise with the ATO, check various tax records and transact in a more efficient manner.

Please note that lodgement of an activity statement (even if it is nil statement) and payment are two separate requirements.  Late lodgement attracts a minimum non-deductible fine of $170 for every 28 days that a form is lodged late whereas as late payment results in an interest levy.  Not that we encourage it, but should you not be able to pay an activity statement in full, do not defer lodgement as the possible fines are significant.  The ATO will of course in time identify that an activity statement liability has not been paid and follow it up; but by this time though the liability should be paid in full anyway and at worst, incur a deductible interest charge far less than any late lodgement penalty.  The ATO still seem to be granting payment arrangements on reasonable terms (although not as easily as before).

What Your Accountant Should Do For You

Ask now what you can do for your accountant…
…ask what your accountant can do for you.

Running a business consumes your life and requires expertise and guidance in respect of so many matters. How much more successful would you be if your accountant was focused on your long term success and security?

Does your accountant

  1. Have an interest in your business?
  2. Or do they just prepare Tax Returns and BAS’s for you?
  3. Meet with you regularly?
  4. Come to your office (if not how do they understand what you do)?
  5. Set up your accounting system so that it reports on your business?Or do they just use it to prepare Tax Returns and BAS’s)?
  6. Modified your reporting system to monitor the key drivers within your business?Can they show you the outcome of making changes to those key drivers?Or are you just going to keep doing tomorrow what you did yesterday (and somehow expect a different result)?
  7. Send you a free newsletter, e-mail reminders and other educational material as well as the opportunity to attend seminars & workshops?
  8. Have ever changing staff?
  9. Return calls and e-mails promptly?
  10. Have a panel of trusted advisors to assist with other specialised areas?

If your answers are mainly no and you would like an accountant whose focus is your future success and security, then don’t hesitate to call Alex on 9899-7511 to arrange an obligation free 1 & ½ hour meeting.Our clients can answer yes to these and other questions.