2010-11 Federal Budget Summary

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							2010-11 Federal
Budget Summary
12 May 2010




A quicker return to surplus... On 11 May 2010, the 2010-                                  Contents
11 Federal Budget was handed down by the Treasurer, the                                   2    Managed investment regimes
Hon. Wayne Swan, at a time when the Government was                                        3    Australia as a financial centre
under pre-election scrutiny.                                                              4    Goods and Services Tax
                                                                                          6    Consolidation and Earnouts
The Treasurer spoke of the resilience and   The aspiration to establish Australia as      7    Capital Gains Tax
discipline of the Australian economy and    a global financial centre is noble, but no    8    Individuals
forecast that it would return to surplus    doubt there will be traps in the detail of
                                                                                          10   Superannuation
in 2013, three years ahead of last year’s   all of these changes.
forecast. Real GDP growth is forecast to         Of potential concern for business        11   Other measures
be 3.25% in 2011 and 4% in 2012.            will be the plan to boost GST audits and      13   Compliance and administration
    This has led to major spending          investigations. The Government expects
announcements to bolster the country’s      to	yield	$2.7bn	over	the	next	four	years	
expected new economic growth                from these efforts.
including:                                       The popular changes were focussed
•	 $661m	for	a	Skills	for	a	Sustainable	    on individuals – relief for workers and
    Growth Strategy to lift our             tax simplification. Savings were a focus,
    workforce skills                        including a 50% discount on tax on the
•	 $5.6bn	for	a	new	Infrastructure	Fund	    first	$1,000	of	savings	income	from	1	
    to fund Federal and State projects      July 2011. Simplification will include
•	 $652m	for	a	Renewable	Energy	            providing individuals with an optional
    Future Fund to support renewable        $500	tax	deduction	in	lieu	of	claiming	all	
    energy initiatives                      work related expenses. This will start in
•	 $2.2bn	to	modernise	our	health	and	      the 2013 year.
    hospitals system                             Revenue from increased tobacco
                                            excise and the already unpopular new
Whilst the taxation measures were           resource super profits tax underpins a lot
mainly repeats of what had already          of the expenditure measures. The theme
been recently announced, there were         of the Government is that the latter
numerous small changes which are            represents an equitable exploitation of
outlined in our report. More ambitious is   our natural resources.
the proposal for further financial sector        However, they will be hoping that
reform and the easing of tax rules that     the electorate thinks enough of it all to
restrict the managed funds industry.        elect it to a second term.
Managed investment regimes




Managed Investment Trusts
The Government has clarified the capital
account treatment proposed for eligible
Australian	Managed	Investment	Trusts	
(MITs)	in	the	2009-10	Budget.	
    In	summary,	this	measure	is	to	be	
refined by:
•	 broadening	the	definition	of	MITs
•	 expanding	the	scope	of	eligible	assets
•	 preventing	amendments	of	prior	
    year	MIT	tax	returns	by	the	
    Commissioner of Taxation without
    the consent of the taxpayer in respect
    of the characterisation of assets from
    capital to revenue and vice versa, and
•	 treating	the	following	on	revenue	             rule	whereby	MITs	are	able	to	           2. align the regime with broader
    account:                                      carry forward any over or under             arrangements for taxing collective
    − gains and losses on disposal of             distributions into the next year where      investment vehicles.
        shares	and	units	by	eligible	MITs	        they are no more than 5% of the
        that do not make an election, and         amount in the distribution statement     The Government will ask the Board of
    − distributions or gains on carried        •	 elimination	of	double	taxation	          Taxation to:
        interest	units	in	MITs.                   by allowing unit holders to make         •	 review	the	tax	treatment	of	collective	
                                                  upward cost base adjustments                investment vehicles, having regard
Government response to the Board of               to their trust interests in certain         to	the	new	MIT	tax	framework,	
Taxation’s Review                                 circumstances, and                          including whether a broader range of
The Government has announced the               •	 abolition	of	the	corporate	unit	trust	      tax flow-through vehicles should be
introduction of a new taxation regime for         provisions	in	Division	6B	of	the	1936	      permitted, and
Australian	MITs,	effective	from	1	July	2011.      Act.                                     •	 examine	the	treatment	of	Venture	
    The new regime was announced on                                                           Capital Limited Partnership vehicles
7	May	2010	in	response	to	the	Board	           Introduction of an Investment                  as part of the review to see if they are
of Taxation’s report on its review of tax      Manager Regime                                 all necessary and consistent with the
arrangements	applying	to	MITs.                 The Government will start consultation         Government’s objective of developing
    The key features of the new regime         on	an	Investment	Manager	Regime	               Australia as a leading financial centre.
include the:                                   (IMR)	that	will	reform	and	expand	
•	 ability	for	MITs	to	elect	to	use	an	        Australia’s managed funds industry by       Detailed Terms of Reference of the
    attribution method of taxation             removing impediments to international       review, including the dates for reporting
    in place of the existing present           investment. Such consultation will be a     to Government, will be released in the
    entitlement to income system               two stage process to:                       near future.
•	 establishment	of	a	de	minimis	              1. review the scope of the regime, and


                                                                                                          2010-11 Federal Budget Summary 2
Australia as a financial centre




Following the release on 15 January              Other recommendations made in the                         of	nil	withholding.	In	the	Assistant	
2010 of the Report of the Australian             Johnson Report that the Government has                    Treasurer’s press release, Senator Sherry
Financial Centre Forum, Australia as             commented on include:                                     confirmed that this would apply to:
a financial centre: Building on our              •	 a	comprehensive	review	of	Australia’s	                 •	 Australian	subsidiaries	and	branches	
strengths, prepared by Mark Johnson                 tax laws by the Board of Taxation                          of foreign financial institutions
(the	“Johnson	Report”),	the	Government	             to ensure that, wherever possible,                         paying interest to their parent
has provided its response.                          they do not inhibit the expansion                      •	 Australian	owned	financial	
    The Government response provides                of	Islamic	financial	products	in	                          institutions borrowing from related
in-principle or direct support for                  Australia, and                                             parties overseas, and
nearly	all	of	the	Johnson	Report’s	19	           •	 an	announcement	of	support	for	                        •	 any	financial	institution	borrowing	
recommendations. These include:                     competition between markets for                            offshore retail deposits which they
•	 the	lowering	of	withholding	tax	                 trading in listed shares in Australia –                    on-lend in Australia.
    on interest payments by financial               effectively competing against the ASX.
    institutions                                                                                           As an integrity measure, the reduced rate
•	 the	introduction	of	the	Investment	           Lowering of interest withholding tax                      of interest withholding tax will not apply
    Manager Regime.                              The Government has announced that it                      to interest paid on non resident retail
                                                 will lower the rate of interest withholding               deposits	held	in	Australia.	It	will	also	not	
In	addition,	the	Government	has	asked	           tax paid by financial institutions to                     apply to offshore borrowings by entities
Mark Johnson to chair a task force of            offshore lenders from the current 10%,                    that are not financial institutions.
senior financial sector representatives to       to	7.5%	from	1	July	2013,	to	5%	from	1	
continue its work in promoting Australia         July 2014, with an “aspirational target”                  The withholding tax rates will be:
as a financial centre for the region. The
role of the task force will cover three areas:
                                                  Type of borrowing                                        Current IWT               Future IWT
•	 regional	engagement	and	
                                                                                                                         From 2013-14 From 2014-15
    enhancement of Australia’s presence
                                                  Financial institution borrows from a foreign financial      10%             7.5%                5%
    in Asia                                       institution (where not exempt under a tax treaty)
•	 engagement	with	the	domestic	
                                                  Foreign bank branch borrows from overseas head               5%             2.5%            Exempt
    industry on an informal basis                 office
•	 facilitation	of	industry	input	into	the	       Financial institution borrows from offshore retail          10%             7.5%                5%
    design of several of the key outputs          deposits (proceeds used and traced to Australian
    that flow from the recommendations            operations)

    of the Johnson Report.                        Financial institution borrows through a publicly           Exempt          Exempt           Exempt
                                                  offered debenture issue, non equity share or
                                                  syndicated loan
                                                  Offshore banking unit (borrows and on-lends                Exempt          Exempt           Exempt
                                                  offshore)
                                                  Financial institution borrows from non-resident retail      10%             10%                 10%
                                                  deposits held in Australia




                                                                                                                           2010-11 Federal Budget Summary 3
Goods and Services Tax




Compliance program                            •	 GST-free	treatment	of	supplies	made	       compliance and administrative costs
The Government has announced that it             to a non-resident but provided to a        (especially	for	small	businesses).	
will provide the ATO with funding of             registered business in Australia, and
$337.5	million	over	a	period	of	four	years	   •	 broadening	of	the	non-resident	            The proposed changes include:
to assist with activities that will promote      agency provisions.                         •	 changing	the	$50,000	input	tax	credit	
voluntary GST compliance and a level                                                           financial acquisitions threshold to
playing field for Australian businesses.      As certain components of the package             $150,000	(although	no	mention	has	
The Government believes that this             will require changes to the GST base,            been made in relation to whether the
measure will address issues that relate       unanimous agreement from the State and           10%	threshold	will	also	be	amended)
to fraudulent GST refunds, systematic         Territory governments will be required.       •	 disallowing	the	bundling	of	services	
under-reporting of GST liabilities, non-                                                       in	order	to	utilise	the	Reduced	Input	
lodgement of GST returns and non-             Cross-border transport supplies                  Tax	Credit	(RITC)	concessions,	and
payment of GST debts.                         Some minor changes will again be made         •	 allowing	businesses	that	account	
    The ATO will also be provided with        to	the	previously	announced	2009-10	             for GST on a cash basis to claim
additional capacity to store and analyse      Budget measures in relation to cross-            upfront input tax credits in relation
data obtained from external parties.          border transport supplies.                       to hire purchases (currently, only
                                                  Specifically, the Government aims to         entities that account for GST on an
Cross-border transactions                     reduce GST compliance costs in relation          accruals basis can claim back the GST
The Government will implement all             to the domestic transport of exported            upfront).
of the recommendations of the Board           and imported goods by ensuring that
of Taxation from its review of the            the place of consignment will always be       These changes will apply from 1 July
application of GST to cross-border            determined by the place of delivery in the    2012.
transactions. The changes will take effect    principal contract.
from 1 July 2012.                                 The measure also aims to ensure that      Margin scheme
    The Board of Taxation made 14             any services ancillary to the international   The Government announced in the prior
recommended improvements to the GST           transport of goods receive the same GST       year Budget that it had asked Treasury to
system designed to treat cross-border         treatment as the transport supply being       review the operation of the GST margin
transactions in an efficient and effective    facilitated.                                  scheme.
manner, particularly in dealing with              The Government has previously                 Although there were many industry
interactions with non-residents.              announced that the amended legislation        submissions, options considered
    The recommendations included:             in relation to the GST treatment of           and recommendations made, the
•	 limiting	the	connected	with	Australia	     cross-border transport services will be       Government decided that the costs and
    rules and expanding the reverse           introduced in the Winter Sittings of          risks to revenue integrity associated with
    charge rules to reduce the number of      Parliament.                                   addressing the perceived gaps would
    non-residents required to register in                                                   outweigh the potential benefits.
    Australian for GST purposes               Financial supply provisions                       Therefore, the Government has
•	 a	low	value	importation	threshold	         The financial supply provisions in the        limited itself to changes that will clarify
•	 a	streamlined	registration	process	for	    GST law will be amended to clarify how        and simplify compliance and reduce
    non-residents                             the legislation should operate and reduce     taxpayer/ATO disputes.


                                                                                                            2010-11 Federal Budget Summary 4
The changes announced are:                  Various minor changes                      Sale of boats for export within 12
•	 Restructuring	the	provisions	to	give	    The Government has decided to defer        months of delivery
   prominence to the main principles        the start date for a number of measures    This measure is an expansion of the
   and insert objects clauses to make the   previously announced as part of the        existing provision that allows for a
   intentions of the key principles clear   2009-10	Budget	to	1	July	2011.	They	       boat to be sold GST-free if the boat is
•	 Removal	of	an	anomaly	that	allowed	      include:                                   exported	by	the	purchaser	within	60	days	
   an approved valuation of land to be      •	 adopting	the	income	tax	self	           and only used for recreational purposes
   used for calculating the margin of           assessment regime for indirect taxes   whilst in Australia. The amendment
   subdivided land                              and refreshing the period of review    will have affect from 1 July 2011 and
                                            •	 reform	of	the	change	of	use	            will	extend	the	60	day	time	limit	to	12	
These measures will take effect from 1          adjustments                            months.
July 2012.                                  •	 allowing	adjustments	for	pre-               This measure is seen to provide
                                                registration acquisitions              recreational boat builders with flexibility
Exempt taxes, fees and charges              •	 clarifying	the	treatment	of	tax	law	    to be more competitive with international
The GST law will be amended to replace          partnerships                           manufacturers.
the current mechanism for Australian        •	 simplifying	the	GST	grouping	
taxes, fees and charges that are to be          membership interest rules and
treated as being exempt from GST. This          allowing grouping of non-operating
will provide more certainty to taxpayers        holding companies, and
and Government agencies.                    •	 introducing	a	reverse	charge	for	
     An Australian tax, fee or charge is        supplies of going concerns and
currently only exempt from GST if it is         farmland.
listed in a GST determination. The new
mechanism will be a principles-based
legislative exemption which will allow
the GST treatment to be determined with
reference to legislative provisions. This
change will apply from 1 July 2011.




                                                                                                      2010-11 Federal Budget Summary 5
Consolidation

The Budget introduced                         •	 An	entity	which	pays	its	contribution	
                                                 amount under a tax sharing agreement
several measures designed                        can	leave	a	consolidated	or	MEC	
to improve the operation of                      group clear of any further liability,
the consolidation regime.                        effective from the 2004-05 year
                                              •	 Where	there	is	a	change	in	the	
These measures confirm                           provisional head company during the
current existing practice.                       year, PAYG instalments paid by the
                                                 former head are attributable to the
Calculation and collection of tax                group, effective from 1 July 2002
liabilities
•	 The	Commissioner	of	Taxation	can	          Non-membership Equity Interests               Company taxation
   recover unpaid PAYG under the              The Government intends to modify              Commitment to the following was
   liability for payment rules that are       the consolidation regime so that non-         confirmed:
   effective from 11 May 2010                 membership equity interests issued by an      •	 the	phased	reduction	in	the	
•	 The	liability	for	payment	rules	applies	   entity are taken into account in the tax         company tax rate to 28%
   to	Multiple	Entry	Consolidated	            cost setting rules when the entity leaves     •	 small	business	asset	write-offs	
   (MEC)	groups	effective	from	11	May	        or enters a consolidated group, effective        and pooled depreciation.
   2010                                       from 10 February 2010.




Sale of business earnouts

We welcome the                                In	October	2007,	the	ATO	released	          profits emerging basis might be adopted.
                                              a draft ruling in relation to earnout       Under this approach proportionate gains
Government’s announced                        arrangements which adopted a position       would be calculated on the disposal
plans to adopt a “look-                       that had adverse consequences for           of the original asset and the earnout
through” approach to                          purchasers and vendors. The response        components to avoid the requirement
                                              has been a long-time coming and there       for taxpayers to amend prior year
earnout arrangements                          has been a lot of uncertainty in between.   assessments for any earnouts received.
under business sales, rather                  We have been involved in consultation       Any losses on the earnouts would be able
than the previous approach                    with the ATO on this matter.                to be carried back to any related capital
                                                  Whilst there is no detail to the        gains.
of treating the earnout as
                                              announcement at present, a “look-               With the effective date being the
an asset separate from the                    through” approach eliminates many           date of Royal Assent of the legislation
underlying business.                          of the issues otherwise raised by the       and	some	provisions	applying	from	17	
                                              draft ruling. What is meant by a “look-     October	2007,	we	hope	that	the	legislation	
                                              through” approach is not yet known.         is delivered quickly to remove what has
                                              We are under the impression that a          for too long been an area of uncertainty.




                                                                                                         2010-11 Federal Budget Summary 6
Capital Gains Tax




A	handful	of	Capital	Gains	Tax	(CGT)	
amendments have been announced with the
aim of “improving the ability of businesses to
restructure”. The changes will be effective from
7:30pm,	11	May	2010,	unless	noted	otherwise.

CGT roll-over for share sale facilities     of water entitlements with one or more
A range of CGT roll-overs will be           different water entitlements. The aim
made available to Australian resident       is to ensure CGT is not a barrier to any
shareholders. This is specifically for      alterations to water entitlements.          Extension of rollover for conversion of
situations where an entity undertakes            This measure will apply                a body to an incorporated company
a restructure in order to deal with its     retrospectively	from	the	2005-06	           The Government will amend the CGT
foreign shareholders via a share or         income year with transitional provisions    rollover rules to allow indigenous
interest sale facility. Currently, such     applying until the date of Royal Assent.    incorporated bodies to convert to
events, where roll-over relief is not                                                   a company incorporated under the
available, may constitute a deemed          Limited roll-over for fixed trusts          Corporations (Aboriginal and Torres
sale with a resulting capital gain to the   Roll-over relief was proposed in last       Strait	Islander)	Act	2006	(“CATSI	Act”)	
Australian resident shareholder.            year’s Budget for transfers between         without immediate CGT consequences.
    These changes will ensure the           trusts with fixed entitlements where the    Also, indigenous companies will be able
Australian resident shareholder does not    trusts have the same beneficiaries. The     to move between the Corporations Act
have CGT consequences until such time       Government has refined this further to      2001	and	the	CATSI	Act	without	CGT	
as their shareholding is disposed.          ensure the integrity of that measure with   consequences.
                                            effect from 1 November 2008.
Extension of current demerger rules
An amendment is intended to remove          Scrip for scrip – alignment with
a current defect in the CGT legislation     Corporations Act 2001
that has prevented groups from accessing    This measure removes an inconsistency
CGT demerger relief. The proposed           between the requirements for the roll-
measures will allow access to demerger      over as specified in the CGT legislation
relief where the head entity of a           to that set out in the Corporations
demerged group is a corporation sole or a   Act 2001. Specifically, it proposes an
complying superannuation entity.            alignment of the member participation
                                            requirements where there is a takeover or
Water entitlements                          merger.
This measure will defer any CGT                 The above measures will take effect
consequences arising from replacement       from	6	January	2010.



                                                                                                       2010-11 Federal Budget Summary 7
Individuals




Personal tax rates & Medicare
                                              Residents: rates and tax payable from 1 July 2010
thresholds
                                              Taxable income ($)        Tax payable ($)
•	 No	changes	will	occur	to	the	
                                              0 - 6,000                 Nil
   previously announced and legislated
   tax rate changes detailed in the tables    6,001 - 37,000            Nil + 15% of excess over 6,000

   to the right                               37,001 - 80,000           4,650 + 30% of excess over 37,000

•	 Resident	taxpayers	with	income	of	         80,001 - 180,000          17,550 + 37% of excess over 80,000
   $180,000	will	save	$25	per	week	from	      180,001+                  54,550 + 45% of excess over 180,000
   1 July 2010
•	 The	Low	Income	Tax	Offset	will	            Non-residents: rates and tax payable from 1 July 2010
   increase	by	$150	to	$1,500	for	the	        Taxable income ($)        Tax payable ($)
   2010-11 year. The offset phases out        0 - 37,000                29%
   by four cents in the dollar from           37,001 - 80,000           10,730 + 30% of excess over 37,000
   $30,000,	with	no	offset	available	
                                              80,001 - 180,000          23,630 + 37% of excess over 80,000
   above	$67,500
                                              180,001+                  60,630 + 45% of excess over 180,000
•	 The	Senior	Australians	Tax	Offset	
   thresholds will increase accordingly
   in the 2010-11 income year: incomes       •	 The	2009-10	Medicare	Levy	low-                 trust or managed investment scheme.
   up	to	$30,685	for	singles	and	$26,680	       income	thresholds	increase	to	$18,488	             The Government also intends to
   for each member of a couple will not         for	singles	and	$31,196	for	families,	         allow the discount in determining
   be taxable                                   with the additional threshold per              eligibility for transfer payments
•	 The	interaction	of	the	Low	Income	           child	increasing	to	$2,865                     and other concessions (e.g. Family
   Tax Offset and the Senior Australians     •	 Pensioners	below	the	Age	Pension	              Tax Benefit, the Baby Bonus, Child
   Tax Offset will be improved to               age will have a Medicare low-income            Care	Benefit,	Education	Tax	Refund,	
   prevent inadvertent tax for certain          threshold	of	$27,697	to	ensure	no	             Commonwealth Seniors Health Card
   taxpayers	earning	less	than	$30,000          liability arises on those individuals          and	the	Pensioner	Supplement).
•	 Senior	Australians	will	also	see	an	         without an income tax liability
   increased Medicare levy phase-in
   limit	of	$36,100	from	1	July	2010	(or	    50% discount for interest income                     The change, which arises out of the Australia’s
                                                                                                  Future Tax System Review deliberations
   $52,353	for	certain	eligible	couples)     From 1 July 2011, individuals will obtain
                                                                                                  attempts to align tax relief for investors in
                                             a	50%	tax	discount	on	the	first	$1,000	              interest-bearing products with other types of
                                             of interest income earned. This will                 investment. Other types of investment yield

  TIP                                        include interest earned on deposits held             that already enjoy tax relief include:

  Children under 18 will be tax-free on      in authorised deposit taking institutions            •	   dividends:	franking	credits

  the first $3,333 of unearned income        (including any bank, building society                •	   rental	income:	capital	allowance	
                                             or	credit	union),	bonds,	debentures	and	                  deductions
  for the 2010-11 year. If all income is
  fully franked, the first $7,000 will be    annuity products. This discount will also            •	   capital	gains:	50%	discount	for	assets	
                                             be available for interest income earned                   held for greater than 12 months.
  tax-free.
                                             directly as well as indirectly, such as via a


                                                                                                                   2010-11 Federal Budget Summary 8
Standard deduction for work-related           War Widows Pension                           Proposed changes to Family Tax
expenses                                      Currently	war	widows	(or	widowers)	are	      Benefit arrangements
The Government intends to take up             not eligible for the War Widows Pension      The Government proposes amendments
the recommendation of the Australia’s         if, before applying for the pension,         to	the	Family	Tax	Benefit	(FTB)	as	
Future Tax System Review to move              they have remarried since the death of       follows:
towards a standard deduction for              their veteran partner. This rule did not     •	 More	flexible	arrangements	will	
work related expenses and the costs of        apply	if	the	widow	(or	widower),	before	         apply to FTB beneficiaries who have
managing tax affairs. This is to:             applying for the War Widows Pension,             outstanding income tax returns
•	 be	phased	in	from	1	July	2012	as	          had entered into a de facto relationship     •	 Participation	in	full-time	education	or	
    a	standard	deduction	of	$500	per	         following the death of their veteran             training will be required by children
    taxpayer	moving	to	$1,000	from	1	         partner. The Government has announced            aged	16	to	20	for	families	to	remain	
    July 2013                                 that they will now amend this rule so            eligible for FTB-Part A
•	 allow	taxpayers	with	actual	expenses	      both married and de facto relationships      •	 The	annual	Child	Care	Rebate	(CCR)	
    exceeding the standard limit to claim     will be treated the same in determining          will	be	capped	to	the	2008-09	level	
    on an actual basis, and                   the	eligibility	of	the	widow	(or	widower)	       of	$7,500	per	child	from	the	current	
•	 be	part	of	an	overall	aim	to	move	to	a	    for the War Widows Pension. The                  $7,778	per	child	and	indexation	will	
    simplified “tick and flick” system and    amendment will state that if the widow           be frozen for four years from 1 July
    is	estimated	to	cost	$410	million	once	   (or	widower)	is	either	remarried	or	in	a	        2010. The percentage of out-of-
    fully implemented.                        de facto relationship before they apply          pocket expenses reimbursed by the
                                              for the pension, they will not be eligible       Commonwealth will remain at 50%
First Home Savers Accounts                    for the pension. However, war widows             up to the annual cap.
The current regulations require investors     (or	widowers)	who	remarry	or	enter	into	
in the First Home Savers Account              a de facto relationship after claiming the
(FHSA)	scheme	to	hold	their	savings	          pension will not lose their entitlement
for a minimum of four years before            under this new measure.
purchasing a home. Where this condition
is not met, the funds are required to be
transferred to a superannuation fund to
maintain the concessional treatment.
    It	is	now	proposed	that,	instead	of	
transferring to superannuation, after
meeting a minimum qualifying period,
savers will be able to apply the funds
against an approved mortgage. This
measure will commence once the
enabling legislation commences.

Increase in the net medical expenses
tax offset claim threshold
The Government will increase the
threshold above which a taxpayer may
claim the net medical expenses tax offset
(NMETO)	from	$1,500	to	$2,000	with	
effect from 1 July 2010. The measure
also allows for the commencement of
annually indexing the threshold to the
CPI,	with	the	first	indexation	adjustment	
to the threshold to take place on 1 July
2011.
    The	NMETO	currently	allows	
taxpayers to receive a tax offset equal
to 20% of net unreimbursed eligible
medical	expenses	above	$1,500.		The	
Government states that the motivation
for this measure is to ensure the ongoing
sustainability	of	the	NMETO.

                                                                                                          2010-11 Federal Budget Summary 9
Superannuation




The Budget contained very little to impact                                                                  The following reforms were announced
                                                                                                            alongside the release of the Australia’s
superannuation other than reinforcing those                                                                 Future Tax System Review and are
announcements in response to the Australia’s Future Tax                                                     also included in the Budget
System Review. For individuals, the following changes                                                       •	 Increase	of	the	Superannuation	
                                                                                                               Guarantee	Contribution	(SGC)	rate	
are to apply from 1 July 2010.                                                                                 to 12%: this will occur via 0.25%
                                                                                                               increases in 2013-14 and 2014-15, and
The Government co-contribution                        Superannuation Funds will now obtain                     then 0.5% increases for each of the
for personal non-concessional                         a deduction for providing Terminal                       following	five	years	until	2019-20
superannuation contributions                          Medical Condition benefits                            •	 A	Government	contributions	tax	
•	 The	matching	rate	to	be	permanently	               •	 Currently	deductions	are	only	                        rebate for low income earners: the
    set to 100%                                          available for the cost of providing                   rebate	of	up	to	$500	per	annum	will	
•	 Capped	at	$1,000                                      benefits in relation to death, permanent              apply to those taxpayers earning less
•	 The	income	threshold	is	to	be	                        incapacity and temporary incapacity                   than	$37,000	p.a.	(adjusted	taxable	
    frozen for two years ending 2011-12               •	 The	change	aligns	deductions	                         income)	and	is	designed	to	negate	
    (incomes	of	up	to	$31,920	will	receive	              available for various benefit payments                contributions tax on concessional
    maximum	phasing	out	at	$61,920)                      and	has	effect	from	16	February	2008                  contributions for low income earners
                                                                                                            •	 The	higher	annual	concessional	
Excess Contributions Tax                              Superannuation funds are also expected                   contributions	cap	of	$50,000	
•	 The	Commissioner	will	be	permitted	                to benefit from reforms to Public Trading                available to those over 50 is to be
   to exercise discretion prior to the                Trust rules. These rules currently require               retained	(from	1	July	2012),	but	only	
   issuing of an excess contributions tax             Unit Trusts to be taxed like companies in                for	those	with	less	than	$500,000	
   assessment to the individual                       certain circumstances if superannuation                  superannuation at that time
•	 Currently	the	Commissioner	is	                     funds and exempt entities hold equity of              •	 Raising	the	SGC	age	limit	to	75:		
   only able to exercise his discretion               20% or more in the trust. From 1 July                    currently, SGC is not required to be
   to overlook excess contributions                   2011, the 20% tracing rule will not apply                paid	for	those	over	70	years	of	age	
   or allocate the contribution to a                  to public unit trusts to the extent that
   different income year after an excess              units are held by superannuation funds
   contributions tax assessment has been              and exempt entities that are entitled to a
   made                                               refund of excess imputation credits.



 Introducing the excess contributions discretion is a welcome change that could benefit tens of thousands
 of Australians. Fund members will be able to actively manage excess contributions before the
 assessment arrives meaning they do not need to pay needless and unfair tax assessments. It also helps
 manage issues while “fresh of mind” rather than potentially years later when the assessment issues.




                                                                                                                          2010-11 Federal Budget Summary 10
Other measures




           Private company benefits                      distribute the money gathered from
           Recent	changes	to	the	Division	7A	            public donations to other charitable
           private company rules will be further         organisations that also have DGR status.
           amended to make it clear that a dwelling          The Government has proposed a
           provided by the company that is used as       new regulatory framework to improve
           a main residence by a shareholder or an       the integrity of public ancillary funds
           associate will not be caught – provided       and further boost confidence in the
           that the company purchased the dwelling       philanthropic sector.
           before	1	July	2009	and	the	company	               The proposed regulatory framework
           meets a continuity of ownership test.         would take effect from 1 July 2011 and
                                                         will include legislative guidelines similar
           Film tax offsets – change in eligibility      to those introduced for private ancillary
           The Budget contains the following             funds	from	1	October	2009.
           changes to the current eligibility                The measures aim to provide trustees
           requirements for the film tax offsets         of these public ancillary funds with
           program:                                      greater certainty as to their philanthropic
           •	 Reduction	in	the	minimum	qualifying	 obligations and provide donors and the
               expenditure threshold for the post,       charitable sector with greater confidence
               digital	and	visual	effects	(PDV)	offset	 that donations are being used effectively.
               from	$5	million	to	$500,000	              In	practice	this	may	mean	further	red	
           •	 Removal	of	the	requirement	for	            tape for the trustees of these funds,
               films with qualifying expenditure of      however the government has promised
               between	$15	million	and	$50	million	      consultation before legislating these rules.
               to	have	at	least	70%	of	the	film’s	total	
               production expenditure as qualifying      Social security measures
               Australian expenditure in order to        A number of social security measures
               qualify for the location offset           were announced in the Budget, including:
                                                         •	 the	Government	will	extend	the	
           The measures are intended to provide a            Distance	Education	Allowance	
           boost to the Australian film industry and         Supplement	of	$1,084	per	annum,	
           are to take effect from 1 July 2010.              per student until 30 June 2011, and
                                                             the Additional Boarding Allowance
           Public ancillary funds                            of	$1,000	per	annum,	per	student	
           Many community and fundraising                    and the consequential ABSTUDY
           foundations are set up as public ancillary        Boarders’ rate for School Fees
           funds and hold Deductible Gift                    Allowance until 31 December 2011
           Recipient	(DGR)	status.	This	means	           •	 from	1	July	2010,	the	Community	
           that all donations made to the funds              Development	Employment	Projects	
           are tax deductible. These funds then              (CDEP)	program	will	be	indexed	by	


                                                                        2010-11 Federal Budget Summary 11
   a	Wage	Cost	Index	(WCI)	instead	of	       Amendments to Fuel Ethanol Tax
   the previous arrangement of being         arrangements
   indexed	by	a	combination	of	the	CPI	      The Budget changes will introduce an
   and the non-farm GDP deflator             energy content-based fuel system, as
•	 the	Government	will	require	              follows:
   compensation payers, such as              •	 The	excise	and	excise	equivalent	
   insurance companies, to notify                customs duty rate for ethanol will be
   Centrelink prior to making                    25 cents per litre from 2011 phasing
   compensation payments to clients              down to 12.5 cents per litre by 2015
   from 1 July 2011. Centrelink will         •	 Offsetting	grant	payments	to	ethanol	
   then use this information to assess           producers will be progressively
   the recipient’s ongoing entitlement to        reduced from 22.5 cents per liter on 1
   receive Centrelink payments                   July 2011 to zero by 1 July 2015
•	 Special	Disability	Trusts	–	the	          •	 There	will	be	no	offsetting	grants	for	
   government will amend the eligibility         excise equivalent customs duty
   criteria to make them more accessible
   and increase take-up. This will be        Business borrowing directly from retail
   applicable from 1 January 2011. The       investors – simplified process
   definition of a beneficiary will be       ASIC	will	allow	listed	entities	meeting	
   expanded to include people with a         appropriate criteria to issue bonds to
   disability who can work up to seven       retail investors using a simplified process,
   hours per week (excluding work in         including a shorter prospectus.
   an	Australian	Disability	Enterprise)			       This measure will align the disclosure
   The allowable uses for the trust will     requirements for retail bond issues with
   be expanded to include:                   the simplified process allowed for equity
   − all medical expenses, including         issuance.
       membership costs for private
       health insurance
   − maintenance expenses of Special
       Disability Trust property
   − discretionary spending of up to
       $10,000	per	year.




                                                                                            2010-11 Federal Budget Summary 12
Compliance and administration




Improvement to the Running Balance              ATO Compliance Program - dealing                Tax reform funding
Account provisions                              with the cash economy                           •	 $65m	over	four	years	for	Treasury	
The Government will increase flexibility        The Government will provide                        to develop and implement the
in managing taxpayer running balance            $107.9m	to	the	ATO	over	four	years	                Government’s response to the
accounts.	It	will	provide	interest	to	          to investigate small business operators            Australia’s Future Tax System Review
taxpayers where overpayments arise              who use the cash economy to avoid               •	 $1.7m	over	two	years	to	increase	
because of an amended franking deficit          their tax liabilities. This is a considerable      staffing in ATO call centers
tax.                                            sum directed towards small business,            •	 $3.8m	over	four	years	to	meet	the	
                                                following a period of leniency to allow            demand for legislative drafting
Capital borrowings – change to                  small business to survive the economic
benchmark interest rates                        downturn.
The Government will adjust the
benchmark interest rate that applies to         Continuation of standard business
capital protected borrowings from the           reporting
RBA indicator rate for standard variable        The	Government	will	provide	$73.2m	
housing loans to the RBA indicator rate         over five years to continue to maintain
for standard variable housing loans, plus       and operate the standard business
100 basis points. This applies to all capital   reporting program. This is an initiative
protected borrowings entered into after         to reduce the compliance burden
7:30pm	(AEST)	on	13	May	2008.	                  experienced by business when reporting
                                                to Government.




                                                                                                             2010-11 Federal Budget Summary 13
Contact your local tax service
line leaders




Peter Godber                         Mark Azzopardi
National Head of Taxation Services   Director
Grant Thornton Australia Ltd         Grant Thornton Melbourne
T +61 7 3222 0290                    T +61 3 8663 6000
E pgodber@grantthornton.com.au       E mazzopardi@grantthorntonvic.com.au

Geoff Lloyd                          Gail Curtis
Director                             Director
Grant Thornton Adelaide              Grant Thornton Perth
T +61 8 8372 6666                    T +61 8 9480 2000
E glloyd@gtsa.com.au                 E gcurtis@gtwa.com.au

Paul Banister                        Peter Berg
Director                             Director
Grant Thornton Brisbane              Grant Thornton Sydney
T +61 7 3222 0202                    T +61 2 8297 2400
E pbanister@grantthornton.com.au     E pberg@grantthornton.com.au




                                                                            2010-11 Federal Budget Summary 14
If	you	want	to	know	more,	please	contact	us...
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