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SALO - Tax Update - Trusts and Stamp Duty of Property Purchases

The State Revenue Office (SRO) levies an additional 8% stamp duty on the purchase of Victorian residential property where the purchaser is foreign.  What does this have to do with me you’re likely thinking? 

If you purchase a Victorian residential property using a discretionary trust (i.e., a trust that has discretion to distribute the profit and capital of the trust amongst your family members and related entities), from 1 March 2020, it is likely to be deemed a foreign trust.  The SRO’s reasoning for this is that the trust deed provides discretion to distribute the profits and capital of the trust to foreign beneficiaries – even if you don’t have any family members who are non-residents of Australia . 

When these provisions were introduced in 2015, the SRO applied a practical approach so that trusts that have foreign beneficiaries who have not and who are , based on available information, unlikely in the future to receive any distributions, will not be considered a foreign trust.  The SRO has now decided that more than four years on, the foreign purchase rules should now be better understood and the practical approach is no longer required.

What does this mean?  If you are purchasing a Victorian property using a trust from 1 March 2020, you should have your trust deed reviewed and if it includes the ability to distribute to foreign beneficiaries, have the deed amended to specifically exclude them (e.g., include an express exclusion for foreigners).  Importantly, any amendment to the trust deed will have to be done prior to the dutiable transaction completing (i.e., prior to settlement).  This is the direct instruction of the SRO.

If you would like for your deed to be reviewed by a lawyer now or at any time in the future, please let us know and we can provide you with more details.

2019 Federal Budget

Last night the Federal Government handed down its Budget for 2019-20.  With only a month to go until the Federal Election, it’s unsurprising that the announcements centred on election friendly promises such as tax cuts and increased funding to healthcare, aged services and infrastructure.

The key tax announcements have been summarised below.

Personal income tax cuts

The Government has announced it will extend the personal income tax cuts that were announced in last year’s Federal Budget.  This is proposed to be achieved as follows:

  • From 1 July 2018 to 30 June 2022

    • Increase the Low and Middle Income Tax Offset (LMITO) from a maximum of $530 to $1,080 ($2,160 for dual income families).  The LMITO is in addition to the Low Income Tax Offset (LITO) and will be received after individuals lodge their tax return for the relevant year.

  • From 1 July 2022

    • The upper threshold for the 19% tax bracket will increase from $41,000 to $45,000; and

    • The LITO maximum amount will increase from $645 to $700.

  • From 1 July 2024, the 32.5% marginal rate will be reduced to 30%.  The 37% tax bracket will also be abolished as per the Governments already legislated plan.

The proposed marginal rates and thresholds are as follows:

Tax rates 2018-22 2022-24 2024 -

Nil Up to $18,200 Up to $18,200 Up to $18,200

19% $18,201 - $37,000 $18,201 - $45,000 $18,201 - $45,000

30% - - $45,001 - $200,000

32.5% $37,001 - $90,000 $45,001 - $120,000 -

 37% $90,001 - $180,000 $120,001 - $180,000 -

 45% Above $180,000 Above $180,000 Above $200,000

Increasing the Medicare Levy Low-income thresholds

Effective 1 July 2018, the Government will increase the Medicare Levy low-income thresholds for singles, families and seniors and pensioners from the 2019 tax year.  The following table compares the level of taxable income below which no Medicare Levy is payable.

Income category 2017-18 2018-19

Individual $21,980 $22,398

Couple/sole parent (family income) $37,089 $37,794

Business tax cuts

Effective from last night (2 April 2019), the Government has proposed to increase and expand access to the instant asset write-off until 30 June 2020.  The Government announced two changes in the Budget:

  • Increasing the instant asset write-off threshold from the proposed $25,000 to $30,000 for small businesses (with aggregated annual turnover of less than $10 million)

  • Expanding the instant asset write off measure to medium sized businesses with aggregated annual turnover of between $10 million and $50 million.

This means that both small businesses and medium sized businesses can immediately deduct purchases of eligible assets costing less than $30,000 that are first used or installed ready for use from Budget night to 30 June 2020.

This means that small business (aggregated turnover of less than $10,000,000) have three thresholds for the instant asset write off rule for the 2019 tax year as follows:

Applicable threshold

1 July – 28 January 2019 $20,000

29 January to 1 April 2019 $25,000

2 April to 2020 $30,000

Superannuation

No work test for voluntary contributions extended to age 66

Effective 1 July 2020, the Government will amend the superannuation contributions rules to allow people aged 65 and 66 to make voluntary contributions to superannuation without meeting the work test.  This will align the work test with the qualifying age for Age Pension (scheduled to reach 67 from 1 July 2023).

Under current legislation, for an individual tax payer aged 65-74 to be eligible to make a voluntary superannuation contribution they must have already satisfied the work test during the financial year the contribution is made.  The work test is satisfied where a client has been gainfully employed for 40 hours in a period of 30 consecutive days during the financial year.

Bring forward rule extended to age 66

Effective 1 July 2020, people aged under 67 at any time during a  financial year (e.g, 65 and 66 year olds) will be able to trigger the non-concessional bring forward rule.  Currently, the bring forward rule can only be used by taxpayers under age 65.

The bring  forward rule allows individuals to make up to three years worth of non-concessional contributions (post tax), which are capped at $100,00 a year to their superannuation fund in a single year.  Please note there are account balance rules that apply to whether an individual can access the bring forward rules.

Spouse contributions extended to age 74

Effective 1 July 2020, superannuation contributions can be made on behalf of your spouse where your spouse is under age 75.  In addition, where the receiving spouse is age 65 or 66 they no longer need to meet a work test.  A receiving spouse will need to meet the work test from age 67.  Currently, the receiving spouse must be under age 70 at the time of the contribution and must meet the work test if they are between age 65 and 69.

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