The ATO has warned businesses not staying up to date with their obligations that it may impact their eligibility for future stimulus measures, as the Tax Office readies to recommence its work to address key risks to the tax and super system.

The ATO has warned businesses not staying up to date with their obligations that it may impact their eligibility for future stimulus measures, as the Tax Office readies to recommence its work to address key risks to the tax and super system.
While the Australian Taxation Office will continue to focus on implementing government stimulus measures, including those announced in the federal budget, it will shortly recommence its work to address key risks to the tax and super system.
Speaking at an event hosted by Chartered Accountants Australia and New Zealand, Deborah Jenkins, deputy commissioner of small business, said that businesses doing well need to resume their obligations, while those facing ongoing hardship are encouraged to get in contact with the ATO.
“Because it is hard for us to identify who is still impacted, we need to return to a normal setting for our work program. It’s not as simple as applying postcode logic — for obvious reasons. In bushfires, we can use this approach to support impacted businesses,” Ms Jenkins explained.
“We have recommenced and adapted our strategies to address compliance risks, being very conscious of the impacts still being faced by many businesses.”
Since 1 September, the ATO has stopped providing blanket extensions to small business audit cases and has recommenced activity where the business is either not adversely impacted by COVID or is now in a position to progress.
“I want to emphasise that we will continue to be empathetic to each client’s situation and provide additional time if they need it,” Ms Jenkins said.
Looking ahead, she said that the ATO will be resuming its review and audit programs addressing shadow economy behaviour.
“We will be continuing our use of taxable payments reporting system data to check that contractors in a range of industries are lodging and meeting their income tax and GST obligations in full,” Ms Jenkins said.
“Taxable payments annual reports (TPAR) data allows us to match the payments reported by payers to contractors (payees) income tax returns to identify where contractors may have omitted income.
“We have also been piloting a nudge approach where we have contacted some contractors ahead of their 2020 tax return lodgement to remind them to include their TPRS reported income this year.”
Moreover, from November 2020, the ATO will be contacting tax agents and their clients who are contractors in the cleaning, courier and building and construction industries and may not have included all of their income in their 2019 tax return.
“We will be using a combination of emails and phone calls to contact tax agents in advance of their clients receiving letters,” Ms Jenkins continued.
In regard to the ATO’s shadow economy program more broadly, she revealed that some strategies are being reconsidered as some of the previous approaches, like visiting businesses in person, are unlikely to be possible in the coming year.
She said: “We will continue to use a combination of review and audit programs, delivering help and education and building community awareness of our work to address the shadow economy — we will just need to do things a little differently.
“We are also applying agent-focused strategies to the black economy by taking the insights generated through our tax practitioner model and identifying agents with higher than normal levels of black economy risk in their client base.”
Other areas the ATO will be closely monitoring are loss claims and unreported fund extractions from small-business companies.
“We are currently overhauling our GST high-risk refund models to enable us to more effectively detect and action high-risk refunds before payment,” she said.
“Our broad focus now beyond the specific risks we are focused on is ensuring people are staying in the system. Businesses need to be lodging, and if they can pay, they should. Those who still need help just need to contact us and we will be here to support them. But we are conscious that many businesses are doing well, so we need to be reminding them to meet their obligations.”
Maja Garaca Djurdjevic
02 November 2020 2
mybusiness.com.au
The response by our Governments to the COVID-19 crisis has been a very good one. Following is a comprehensive listing of links to important Federal and State initiatives and programs since the pandemic began.

Please click on the following links to access a wide range of Covid-19 related updates, initiatives, guidelines and resources from both Federal and State Governments.
Recent Updates
Previous Updates:
Jobkeeper Update – Extension to March 2021. Read more ….
Victorian Government Stage 4 Restrictions. Read more ….
Victoria – Health and Human Services – Stage 4 restrictions. Read more ….
Victoria – State Revenue Office – Land Tax. Read more ….
Federal Government COVID-19 Updates. Read more ….
NSW – New round of small business grants. Read more ….
Qld – Round 2 of Small Business COVID-19 Adaption Grant Program opens. Read more ….
Vic – Range of videos explaining topics effected by COVID-19 such as Land tax and Payroll Tax. Read more ….
Tas – An update on all COVID-19 matters in Tasmania. Read more ….
ACT – Updated 30-6-2020. Read more ….
SA – Updates for Land tax deferrals and Job Accelerator Grants. Read more ….
NT – COVID-19 Update. Read more ….
Myths about COVID-19 are all over social media. Here is the our Government's mythbusting response. Read more ….
$131.4 million Federal funding to help Public Hospital fight effects of COVID-19. Read more ….
$48.1 million for mental health & wellbeing pandemic response plan. Read more ….
State and Territory Government websites. Their latest responses to the coronavirus pandemic.
3 Step Framework for a Covidsafe Australia. Click here.
Easing of coronavirus (Covid-19) restrictions. Read more …
The 2020 Federal Budget was one of the most far reaching and complex ever brought in. This is the first of three articles to remind us of important topics the budget addressed.

Temporary full expensing of eligible capital assets
Most businesses are now able to claim full deductions for depreciation assets.
Businesses with aggregated annual turnover of less than $5 billion will be able to deduct the full cost of eligible capital assets in the year they are first used.
Full expensing in the year of first use will apply to:-
Applies to eligible capital assets acquired from 7.30pm AEDT on 6 October 2020 and first used or installed by 30 June 2022
Temporary loss carry-back for companies
Eligible companies can elect to carry back tax losses from the 2019-20, 2020-21 or 2021-22 income years to offset previously taxed profits in 2018-19 or later income years.
The effect of the election will be to generate a refundable tax offset and it will first be available when lodging the 2020-21 tax return, subject to the amount carried back not being more than the earlier taxed profits and not generating a franking account deficit.
The new loss carry-back measure is designed to promote economic recovery by providing cash flow support to previously profitable companies that COVID-19 has turned into loss making businesses – many such businesses might find it difficult to survive or re-employ staff if they had to wait years to get tax relief for the losses under the present system.
As with a similar scheme operated in 2012-13, the carry back is notional – it is not necessary to amend the prior year return – the benefit is received in the assessment for the year in which the election is made.
The tax refund will be available on election by eligible businesses when they lodge their 2020-21 and 2021-22 tax returns.
JobMaker Plan Boosting Apprenticeships Wage Subsidy
From 5 October 2020 to 30 September 2021, businesses of any size can claim the wage subsidy for a new, or recommencing, apprentices or trainees.
Eligible businesses will be reimbursed 50% of an apprentice or trainee’s wages, up to $7,000 per quarter, capped to 100,000 places.
AcctWeb
The 2020 Federal Budget was one of the most far reaching and complex ever brought in. This is the second of three articles to remind us of important topics the budget addressed.

Changes to the JobKeeper Payment Scheme
These changes to the JobKeeper Payment schemes have been reported earlier.
After 3 August 2020 the employment reference date for assessing employee eligibility changed from 1 March 2020 to 1 July 2020.
The logic for this, is that after first lockdown, some employers hired new staff that then were stood down or disadvantaged by second lockdown.
The decline in turnover test for assessing employer eligibility for the December 2020 and March 2021 quarters, must be met only in the previous quarter – from 28 September 2020.
The decline in turnover eligibility criteria have been changed from 28 September 2020 so that employers are required to demonstrate that their actual turnover was sufficiently affected in the previous quarter (rather than in every quarter from June 2020 onwards) to be eligible for the payment in the December 2020 and March 2021 quarters.
Other aspects of scheme have been reaffirmed – end date is 28 March 2021. Several tiers now apply, and regular reporting is required.
Note – superannuation guarantee rules still apply, although they have become more complex.
Personal Tax Reduction
A further recovery measure to encourage consumer spending is from tax cuts. Lower personal tax occurs when tax rates apply at a higher threshold. This change will apply immediately on PAYG (employee) deductions.
The Government has brought forward the second stage of its legislated Personal Income Tax Plan from 1 July 2022 to 1 July 2020.
The top threshold of the 19% personal income tax bracket will increase from $37,000 to $45,000.
The top threshold of the 32.5% personal income tax bracket will increase from $90,000 to $120,000.
The maximum amount of the Low Income Tax Offset will increase from $445 to $700.
The Low and Middle Income Tax Offset – capped at $1,080 – will be retained for the 2020-21 income year.
Payroll packages will implement the new rates as soon as the Australian Taxation Office provides appropriate guidance.
JobMaker Hiring Credit
Another incentive to encourage economic recovery is a subsidy for new employment.
The Government will provide $4 billion over the next three years from 2020-21 to accelerate employment growth by supporting organisations that take on additional employers through a hiring credit.
The JobMaker Hiring Credit will be available to eligible employers over 12 months from 7 October 2020 for each additional new job they create for an eligible employee. The credit will be:-
The employee must be in an additional job created from 7 October 2020. To demonstrate this, there must be an increase in:-
To be eligible, an employee must:-
This will be administered through a yet to be created Australian Taxation Office sub-system.
Eligible employers will be able to claim quarterly in arrears from the Australian Taxation Office. Claims open from 1 February 2021.
AcctWeb
The 2020 Federal Budget was one of the most far reaching and complex ever brought in. This is the first of three articles to remind us of important topics the budget addressed.

Exempting granny flat arrangements from CGT
Whilst there has been Centrelink encouragement for granny flats, the capital Gains Tax issues have prevented wider acceptance. That may change now.
The law will be amended to provide a targeted CGT exemption for granny flat arrangements.
The CGT exemption will apply to arrangements with older Australians or those with a disability, where there is a formal written agreement in relation to the granny flat.
The new exemption is proposed to apply from the first income year after the date of Royal Asset of the enabling legislation. This should mean the 2021 financial year.
The change will only apply to agreements that are entered into because of family relationships or other personal ties and will not apply to commercial rental arrangements.
Temporary Full Expensing of Eligible Capital Assets
Most businesses are now able to claim full deductions for depreciating assets.
Businesses with aggregated annual turnover of less than $5 billion will be able to deduct the full cost of eligible capital assets in the year they are first used.
Full expensing in the year of first use will apply to:-
Applies to eligible capital assets acquired after 7.30pm on 6 October 2020 and first used or installed by 30 June 2022.
In an extension to the previous rules, eligible businesses that acquire eligible new or second-hand assets under the $150,000 instant asset write-off by 31 December 2020 will have an extra six months, until 30 June 2021, to first use or install those assets.
Whilst the acquisition date is important, the asset must also be in use or ready for use.
Victoria’s business support and other State grants to be tax neutral
The Victorian Government’s business support grants for small and medium businesses, as announced on 13 September 2020, will become non-assessable, non-exempt (NANE) income for tax purposes.
The Federal Government will extend this arrangement to similar grants by all States and Territories on an application basis.
NANE income treatment is only available for grants announced on or after 13 September 2020 and paid between 13 September 2020 and 30 June 2021.
On 13 September 2020, the Premier of Victoria announced a $3 billion Business Resilience Package to help Victorian businesses impacted by the ongoing COVID-19 business restrictions and to prepare for ‘COVID Normal’ business.
The package includes grants of $10,000, $15,000 or $20,000 for eligible businesses in targeted sectors, depending on the size of annual payroll, in a third round of Business Support Fund.
State based grants without this legislation, are considered to be assessable income for income tax purposes There is no immediate benefit, but this change will mean no 2021 income tax becomes payable.
AcctWeb
The following 35 links break the 2020 Federal Budget down into bite size bits.

JobMaker
Creating jobs and rebuilding our economy
COVID-19 Response
Supporting Australians through the crisis
Guaranteeing the Essential Services
Federal Government
The following links are to Fact Sheets that describe in detail how the Federal Government feels the 2020 Budget will impact you.

Federal Government
These three areas cover all you will need to know but the accompanying two articles cover more specific topics and they might help you better understand how the Budget affects you.

Federal Government
The 80 cents per hour work-from-home deduction method has now been extended for a further three months to the end of the year.

The temporary shortcut method for calculating home office expenses has now been extended to 31 December 2020, after it was due to expire at the end of September.
Taxpayers have been able to apply the 80 cents per hour method since March, after the ATO introduced the temporary method in light of COVID-19 restrictions forcing many workers to adopt remote working practices.
The extension comes as most workers in metropolitan Melbourne continue to be barred from returning to their workplace as the Victorian government works through its reopening roadmap.
The ATO’s updated Practical Compliance Guideline 2020/3 notes that the 31 December end date will be revisited and may be further extended.
Tax & Super Australia tax counsel John Jeffreys welcomed the extension but urged taxpayers to ensure they were not accidentally double dipping on other working-from-home expenses.
“Employees working from home should note that if they use the ATO’s shortcut method for home office expenses, they can’t claim other home office-related items, such as technology, desks, monitors and chairs. It’s a one or the other approach. Some may be mistaken about this,” Mr Jeffreys said.
“Finally, when the ATO outlined its shortcut method, it noted that taxpayers should keep adequate records — diary notes, timesheets or rosters — to substantiate work.
“It’s unlikely the ATO would audit this, but it’s worth employees having this evidence just in case. It could be that significantly higher claim by an employee compared to benchmark claims for same hours worked would be a red flag to the ATO.”
The temporary shortcut method will continue to be supplementary to the 52 cents fixed rate method and the actual cost method of calculating running expenses, with taxpayers able to choose the appropriate method for their circumstances.
View the ATO’s updated PCG 2020/3 here.
Jotham Lian
30 September 2020
accountantsdaily.com.au
The legislative instrument implementing the changes to the JobKeeper scheme over the extended period was registered on 15 September 2020.

In brief
The extension of JobKeeper applies to qualifying entities in respect of their eligible employees and business participants. The changes in the Rules build more flexibility into the JobKeeper scheme recognising that circumstances can change quickly. Thus, there is the requirement to reassess an entity's actual decline in turnover for two set periods and a two-tiered payment based on hours of work or engagement.
Nevertheless, the changes do not affect any entitlements payable under the original JobKeeper scheme prior to 27 September 2020. Similarly, the changes to do not provide the opportunity for entities to change any elections they have previously made under the JobKeeper scheme.
For an entity to continue to receive the JobKeeper payments over the extended period, the entity must satisfy the actual decline in turnover test (section 8B of the Rules):
This mean entities on JobKeeper do not have to satisfy the actual decline in turnover test for both the September quarter and December quarter to be able to receive payments for the JobKeeper fortnights beginning 4 January 2021. Furthermore, according to the explanatory statement to the Rules, an entity that drops out of the JobKeeper scheme after 28 September 2020 and then requalifies in the next period, does not need to notify the Commissioner again that it elects to participate in the scheme.
The actual decline in turnover test applies the same thresholds for the original decline in turnover test (i.e. the percentage decline for the quarter must be equal to or greater than 30% for entities with $1 billion or less aggregated turnover and 50% for entities with over $1 billion aggregated turnover) but uses current GST turnover rather than projected GST turnover. According to the explanatory statement, it does not matter for the purposes of the new test whether the entity was required to use a different percentage in applying the original decline in turnover test at an earlier time (e.g. because it applied the original test in the previous income year).
Entities can still use the Commissioner's alternative decline in turnover test (for specified situations where using the 2019 period as a comparison is not appropriate) and the modified decline in turnover test (for group structures with employer entities) in assessing whether they qualify for the JobKeeper scheme – current GST turnover is to be used in place of the projected GST turnover.
Entities that have not previously participated in the JobKeeper scheme are required to satisfy both the original decline in turnover test and the new decline in turnover test. However, the Rules have modified the original decline in turnover test to give entities the choice to compare the 'projected GST turnover' of:
with a relevant comparison period.
This extension of the testing period ensures that JobKeeper can still be accessed by entities that first experience a significant decline in turnover during the December quarter.
The Rules sets out two tiers of payment rates for eligible employees and business participants which have not changed from the Government's announcement. To recap:
However, whether an individual is eligible for the higher rate depends on whether the individual worked or was actively engaged for 80 hours or more for a reference period. Otherwise, the individual is eligible for the lower rate.
Reference period means for (section 4A):
Entities applying the 80 hour test for:
If the standard reference period is not suitable, the Commissioner has made a determination, to provide an alternative reference period for the 80 hour test for particular employees.
Employers already on JobKeeper and are eligible for the first extension period can notify the ATO whether their eligible employees are on the higher rate or lower rate in their business monthly declaration in November 2020.
The ATO has allowed employers until 31 October 2020 to meet the wage condition for all employees on JobKeeper for JobKeeper fortnights starting on 28 September and 12 October 2020.