Important actions to obtain Victorian Small Business Rent Relief

A new rent relief system is now open to Victorian small businesses.

Whilst it is similar to last year’s system, there are some important differences including:-

A tightened process (partly in light of the previous scheme relying on the fall in turnover as declared within the JobKeeper application).
Deemed acceptance of application for relief.
Mandatory re-assessment of rent relief (more later).
A two stage process.

What follows is a summary of the system and what you need to action; it is not a complete summary as that would cause this summary to lose clarity in favour of obscure scenarios not relevant to our clients. Please also keep in mind that there will no doubt be changes and clarifications to this system (of which we will keep you aware by blogs on our web page).

So what is the relief available where there has been a 30% or more fall in turnover?

A reduction in rent proportional to the extent that turnover has fallen.
Half of that reduction is to be waived; the other half is to be deferred (and this will be on top of any amount deferred from last year’s program).
No rent increases during the period of relief (being from 28^th July 2021 or latter qualifying date until 15^th January 2022).
Tenants cannot be evicted.

What is turnover?

Turnover is your income – sales, fees, commissions etc.
Turnover is measured as per your GST method. That will be cash for the vast majority of small businesses.

Tips and traps in respect of calculating turnover include

Make sure you test within your accounting software on your GST basis.
State covid grants are included.
Unlike the prior scheme, supplies within a GST group are now included.
Exclude input taxed supplies.
Includes GST free supplies.
For those on accrual for GST purposes, bad debts do not reduce turnover but discounts and credits do.
Beware of adjustment events and insurance settlements.

For most it should be relatively straight forward. For others turnover for this scheme will not be the same as reported at G1 on a BAS.

What is the qualifying test?

For business trading before 1^st Aril 2019 – compare three whole consecutive calendar months from 1^st April 2021 to 30^th September 2021 to the same three months in 2019.
For business that started trading between 1^st Aril 2019 and 31^st March 2020 – compare three whole consecutive calendar months from 1^st April 2021 to 30^th September 2021 to the average monthly turnover to 31^st March 2020.
For business that started trading between 1^st Aril 2020 and 31^st March 2021 – compare three whole consecutive calendar months from 1^st April 2021 to 30^th September 2021 to the average monthly turnover to 31^st July 2021.
For business that started trading after 1^st April 2021 – parties must negotiate in good faith.
There are again alternative tests (which we briefly summarise as applying where natural disasters or sole trader unable to work).

Other key features of the system

Must be running a small business (turnover under $50,000,000).
Non for profits and charities also qualify.
Must have a lease agreement.
A business need not be registered for GST.
Landlords are under an obligation to consider waiving outgoings during the relief period if the tenant is unable to occupy the property.
A landlord must offer an extension to the lease term proportional to the period of rent relief.

What are the two steps I must satisfy in order to obtain rent relief?

Lodge an application.
Then provide
supporting evidence within 14 days of lodging the application.

The Victorian Small Business Commission has provided two letters with which to lodge an application

A letter for both applying and submitting required information – you can access it by clicking here.
A letter with which to make the initial application and a further letter with which to subsequently supply the required information – you can access it by clicking here.

We are unable to link the documents at this time so please ask us for a copy.

One or more of the following items of information need to be supplied

Extracts from accounting records.
Bank statements.
A BAS or BAS’s that cover the period
Statement from a practising accountant.
AND a statutory declaration signed by yourself attesting that the information provided is true.

It is your choice as to what you release so you can rightly elect not to release one of these items if you consider it too sensitive. Furthermore, you are not under any obligation to release financial statements if requested.

A major change within this scheme is the introduction of a mandatory re-assessment. By 31^st October the tenant and landlord must check in and assess whether circumstances have changed (such as ending or extending lockdown) and adjust the rent relief accordingly.

Of utmost importance is the need to apply by 30^th September to have any relief back dated to 28^th July. Applications after that date will only receive relief from the date of application.

Two words of warning

So what if you have only suffered a decline in turnover since July or August? You might not have qualified yet but may well do so by the end of this month. Perhaps it is best to apply to ensure you are entitled for back dated relief should you qualify. If it turns out that you don’t qualify then you can withdraw your application and/or fail to supply the required information meaning that your claim is annulled.
If this system proves to be like JobKeeper, then we can expect modifications and clarifications. Please return to our web page blogs for updates.

Please note that we will shortly set out the relief available to landlords.

Who is to apply?

As an accountant and tax agent, we are registered at act on your behalf with bodies such as the ATO and ASIC. We don’t though have any dealings, association or authority with your landlord. So as with last year’s rent relief system¸ we won’t be acting on your behalf unless you instruct us to do so and notify your landlord of our engagement. If we do assist you with one or more parts of this process you will still need to sign a statutory declaration.

Please do act promptly to ensure any current entitlement is secured by the cut off date of 30^th September.

We welcome any question you may have.

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