JobMaker Hiring Credits: What we know so far

We’ve had quite a few questions about the JobMaker hiring credit announced in the 2020-21 Federal Budget. The legislation enabling the JobMaker scheme has not passed Parliament as yet and until this occurs, the JobMaker rules are not certain and may change. More details should be available soon and we’ll let you know as soon as we have some certainty. Here is what has been announced so far:

What is JobMaker?

JobMaker is a credit available to eligible businesses for hiring additional employees (not if you are merely replacing someone who left). The hiring credit is available for jobs created from 7 October 2020 until 6 October 2021.

The credit provides:

  • $200 per week for new employees between 16 to 29 years of age, and
  • $100 a week for new employees between 30 to 35 years of age.

Payment is from the start date of the employee for 12 months.

When do the credits start?

Assuming the legislation passes Parliament and your business and the employee are eligible, and the ‘additionality’ test is passed, credits can be claimed for employees hired from 7 October 2020 until 6 October 2021. The credit will be claimed quarterly in arrears by the employer from the ATO from 1 February 2021. The credit is an incentive for the employer to support wage costs and not passed onto the employee.

How can we access JobMaker?

There are three tests for JobMaker:

Employer eligibilityHas an ABNUp to date with tax lodgementsRegistered for PAYGReporting through single touch payrollKeeps adequate records of the paid hours worked by the employee they are claiming the credit forAnother employer is not claiming JobMaker for the same employee
  
Employee eligibilityReceived the JobSeeker Payment, Youth Allowance (Other) or Parenting Payment for at least one month within the three months before they were hiredBetween 16 and 35 years of age at the time their employment startedWorked at least 20 hours per week on average for the full weeks employed for the period being claimed. If the employee worked less than 20 hours, the employer cannot claim JobMaker for them during that periodStarted work between 7 October 2020 and 6 October 2021The first year of employment with the employerThe employer is not receiving other forms of assistance from the Commonwealth Government for the employee, for example JobKeeper or an apprenticeship subsidy
  
Additional employee test (additionality test)The employer’s: Total employee headcount on the last day of the reporting period  increased by at least one additional employee compared initially to 30 September 2020, then to the previous reporting period.Total payroll for the reporting period increased compared initially to the September quarter 2020 (July, August, September 2020), then to the previous reporting period. The hiring credit cannot exceed the increase in payroll.

Government entities or agencies, banks and other institutions subject to the bank levy, businesses in liquidation, and foreign Government entities (unless a resident entity), are unable to access JobMaker.

I can only claim JobMaker if the number of employees and payroll increases. What happens if one of my team resign? Through no fault of the business?

Your business can only receive JobMaker for your eligible employees if total employee headcount and payroll increases. If the headcount or payroll decreases or remains the same, JobMaker cannot be claimed for that period.

For example, if you had three staff at September 2020 and hired an additional two employees in late October 2020, your business can claim JobMaker for the two new employees assuming the business and the employer are eligible and payroll has increased compared to the September 2020 quarter. However, in December 2020, one of your original staff members resigns. As a result, your business can only claim JobMaker for one eligible employee in December as your headcount has increased by one, not two, compared to the September 2020 baseline.

A similar baseline concept applies to payroll. If you employed new eligible employees in October 2020 but your overall payroll remained the same or only increased marginally because the hours of your existing staff reduced when the two new employees were employed, then the JobMaker credit will only be the additional payroll amount. That is, if the JobMaker credit for the two employees for the quarter is $8,960, but payroll compared to the September 2020 quarter only increased by $1,200, then the JobMaker credit you receive would be $1,200. The JobMaker credit cannot exceed the increase in payroll.

Each month, employers will need to ensure they pass these ‘additionality’ tests before claiming.

Your headcount and payroll increase is measured on the last day of each reporting period from the date your first new employee started. For example, if your first new employee joined in October 2020, your baseline is set at that point. If a new employee starts in January 2021, your payroll and headcount baseline is measured from the last reporting period, in this case, December 2020 for headcount and the December quarter for payroll.  That is, your baseline commences from the date your new employee starts and then is reassessed each reporting period to ensure there is an increase.

If I don’t hire new staff until January 2021, can I claim JobMaker for 12 months or only up to 6 October 2021?

JobMaker is available for 12 months for eligible employees hired from 7 October 2020 until 6 October 2021. If you hire new employees from January 2021, JobMaker is available for 12 months for these employees assuming that the employees and business are eligible and the ‘additionality’ test is passed.

The baseline for the ‘additionality’ tests – headcount and payroll – starts from the start date of your new employee. The Government has indicated that the baseline for the ‘additionality’ test will be adjusted in the second year of the program to ensure an employer can only receive JobMaker for 12 months for each additional position created.  The detail of exactly how these rules will work has not been released as yet.

My business did not have employees in September but I hired my first employee in late October. Can I claim the JobMaker credit for them?

Businesses with no employees on 30 September, cannot claim JobMaker for their first employee. However, JobMaker can be claimed for your second and any subsequent employees that started on or before 6 October 2021.

Can the business get JobKeeper and JobMaker?

No. Once your business exits JobKeeper and is no longer receiving JobKeeper payments for any employees or business participants, if eligible, the business could then start to receive JobMaker credits. The business is eligible for the hiring credit in the reporting period following your JobKeeper exit date.

The JobMaker credit and the details of how the rules will apply are subject to change. Please do not make decisions based on the JobMaker information available as the final shape of the legislation could change. We will provide a summary of the rules and how you can claim the JobMaker hiring credit as soon as the rules are confirmed.

Please contact your client manager directly by phone on (02) 8543 6800 or email for more information.

Spring 2020 Newsletter – Profit Matters

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Business Matters Newsletter – Q4 2020

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BUSINESSES GIVEN A MONTH TO IMPLEMENT UPDATED ATO TAX TABLES

The changes to personal income tax thresholds identified in the Federal Budget have been passed by Parliament and the ATO has subsequently updated it’s tax tables and withholding schedules.

The changes will apply to payments made on and from 13 October this year, with employers now given until mid-November to implement the adjustments.

“As the changes to withholding are made part way through the income year, employers and other payers who are unable to immediately implement these changes into their payroll will have until 16 November 2020 to do so,” the ATO said.

The tax changes have been backdated to 1 July this year however, the tax table changes do not take into account any over-withheld amounts that individual taxpayers have paid since the start of the financial year.

This amount will be subsequently be incorporated into the tax assessment of an individual at the end of the 30 June 2021 income tax year.

View the updated tax tables here.

Please contact your client manager directly by phone on (02) 8543 6800 or email for more information.

Budget 2020-21 Update

Road to Recovery?

The 2020-21 Federal Budget is a road to recovery paved with cash.
 
Key initiatives include:
  • Personal income tax cuts from 1 July 2020
  • A $4 billion ‘JobMaker’ Hiring Credit to encourage businesses to take on additional employees aged 16 to 35 years old
  • $110 billion in infrastructure investment over 10 years
  • Immediate deductions for business investment in capital assets
  • Changes to how companies can manage losses

Access to generous tax concessions for a wider range of businesses

 
Please contact your client manager directly by phone on (02) 8543 6800 or email for more information.

Superannuation Guarantee Amnesty Ends 7 September 2020

Do you need to apply for the superannuation guarantee amnesty? If yes, you need to act now.
 
If you have unpaid super to your employees, you must apply for the amnesty no later than 7 September 2020 to avoid incurring penalties or paying administration fees.
 
To be eligible for the amnesty you will need to meet the following criteria
 
Have unpaid super between 1 July 1992 to 31 March 2018.
Have not been informed the ATO is examining or intends to examine your SG obligation for the above period.
You have not already advised the ATO of the shortfall.
You must lodge your application no later than 7 September 2020
 
You will be able to claim a tax deduction for the super amnesty amounts paid to the ATO by 7 September 2020.
 
Click Here for Further Information
 
https://www.ato.gov.au/business/super-for-employers/superannuation-guarantee-amnesty/#Superguaranteeamnesty
Please contact our office urgently if you require assistance on (02) 8543 6800.

JobKeeper 3.0

JOBKEEPER 3.0

The Treasurer has announced further changes to JobKeeper, following on from our Newsletter ‘JobKeeper 2.0’ on 23 July 2020.

SUMMARY OF KEY POINTS

1. The relevant date of employment will move from 1 March 2020 to 1 July 2020, which increases the number of employees able to access JobKeeper.

2. JobKeeper payments from 28 September 2020 – 3 January 2021:
Eligibility will be dependent on a 30% reduction in actual turnover between 1 July 2020 and 30 September 2020.
Note: This is for business with an aggregated turnover of $1billion or less. See link below for details on larger businesses and not for profits.

3. JobKeeper payments from 4 January 2021 to 28 March 2021:
Eligibility will be dependant on a 30% reduction in actual turnover between 1 October 2020 to 31 December 2020.

4. Payment rates reduced to $1,200 per fortnight from 28 September 2020 and $1,000 per fortnight from 4 January 2021. Note that there are further reductions in payments for employees working less than 20 hours per week.

For further details please refer to the Treasury Fact Sheet Here.
Did you find this newsletter useful? If yes, please feel free to forward it onto a business colleague or friend.

If you have any concerns regarding your circumstances please contact your client manager on (02) 8543 6800 or email them directly.

Business Matters Newsletter – Q3 2020

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JobKeeper 2.0

JOBKEEPER 2.0

The Government announced on Tuesday an extension of the JobKeeper program to 28 March 2021 but with tighter access and reduced rates. From 28 September 2020, employers seeking to claim JobKeeper payments will need to reassess their eligibility and prove an actual decline in turnover.

If your business currently receives JobKeeper, your arrangements will generally remain unchanged until 27 September 2020.

Jobkeeper Payments
Eligibility
To continue receiving JobKeeper payments, employers will need to reassess their eligibility with reference to actual GST turnover for the June and September 2020 quarters (for payments between 28 September to 3 January 2021), and again for the June, September and December 2020 quarters (for payments between 4 January 2021 to 28 March 2021).
Eligible employers
The broad eligibility tests to access JobKeeper remain the same with an extended decline in turnover test.
  • On 1 March 2020, carried on a business in Australia or was a non‑profit body pursuing its objectives principally in Australia; and
    • before the end of the JobKeeper fortnight, it met the decline in turnover test*:
      • >15% for an ACNC-registered charity (excluding universities, or schools within the meaning of the GST Act – these entities need to meet the basic turnover test)
      • > 50% for large businesses:
        • aggregated turnover for the test period is likely to be $1 billion or more, or aggregated turnover for the previous year to the test period was $1 billion or more (a small business that forms part of a group that is a large business must have a >50% decline in turnover to satisfy the test).
      • ­>30% for all other qualifying entities.
    • And, was not:
      • on 1 March 2020, subject to Major Bank Levy for any quarter ending before this date, a member of a consolidated group and another member of the group had been subject to the levy; or
      • a government body of a particular kind, or a wholly-owned entity of such a body; or
      • at any time in the fortnight, a provisional liquidator or liquidator has been appointed to the business or a trustee in bankruptcy had been appointed to the individual’s property.

1 March 2020 is an absolute date. An employer that had ceased trading, commenced after 1 March 2020, or was not pursuing its objectives in Australia at that date, is not eligible.*Additional tests apply from 28 September 2020.

Additional decline in turnover tests
To receive JobKeeper payments from 28 September 2020, businesses will need to meet the basic eligibility tests and an extended decline in turnover test based on actual GST turnover.

 * Alternative tests potentially apply where a business fails the basic test and does not have a relevant comparison period.

Most businesses will generally use their Business Activity Statement (BAS) reporting to assess eligibility. However, as the BAS deadlines are generally not due until the month after the end of the quarter, eligibility for JobKeeper will need to be assessed in advance of the BAS reporting deadlines to meet the wage condition for eligible employees. However, the ATO will have discretion to extend the time an entity has to pay employees in order to meet the wage condition.

Alternative arrangements are expected to be put in place for businesses and not-for-profits that are not required to lodge a BAS (for example, if the entity is a member of a GST group).

Alternative tests
The Commissioner of Taxation will have discretion to set out alternative tests that would establish eligibility in specific circumstances where it is not appropriate to compare actual turnover in a quarter in 2020 with actual turnover in a quarter in 2019, in line with the Commissioner’s existing discretion.
Eligible employees
Employee eligibility will remain broadly the same but the value of the payment will change from 28 September based on average weekly hours in February 2020.
  • On 1 March 2020:
    • Was aged 16 years and over; and
    • If the individual was aged 16 or 17, was either financially independent or was not undertaking full-time study;
    • Was an employee other than a casual, or was a long-term casual*; and
    • Was an Australian resident (under the meaning of the Social Security Act 1991), or a resident for tax purposes and held a Subclass 444 (Special category) visa**.
  • And, at any point during the JobKeeper fortnight:
    • Was an employee of the employer; and
    • Was not an excluded employee:
      • An employee receiving parental leave pay or dad and partner pay; or
      • An employee receiving workers compensation payments in relation to total incapacity.
  • And, has provided the JobKeeper Payment Employee Nomination to the employer:
    • Agreeing to be nominated by the employer as an eligible employee under the JobKeeper scheme; and
    • Confirming that they have not agreed to be nominated by another employer; and
    • If they are a long-term casual, they do not have permanent employment with another employer.
*A ‘long term casual employee’ is a person who has been employed by the business on a regular and systematic basis during the period of 12 months that ended on 1 March 2020 (1 March 2019 to 1 March 2020). These are likely to be employees with a recurring work schedule or a reasonable expectation of ongoing work.
Assessing if an employee has worked 20 hours or more

JobKeeper payments from 28 September 2020 are paid at a lower rate for employees who worked less than 20 hours per week on average in the four weeks of pay periods before 1 March 2020.

The Commissioner of Taxation will have discretion to set out alternative tests for those situations where an employee’s or business participant’s hours were not usual during February 2020. Also, the ATO will provide guidance on how this will be dealt with when pay periods are not weekly.

Can I keep getting JobKeeper until September?

If your business and your employees passed the original eligibility tests to access JobKeeper, and you have fulfilled your wage requirements, you can continue to claim JobKeeper up until the last JobKeeper fortnight that ends on 27 September 2020.

ATO assistant commissioner Andrew Watson said in a recent interview, “Once you’re in, you’re in to the end of September. If you meet the eligibility test once, you’re in it for the whole time.” The original eligibility test was a once only test although there are ongoing conditions that need to be satisfied for each JobKeeper fortnight.

JobSeeker and other support

Coronavirus supplement

The Coronavirus supplement will continue, albeit on a reduced rate of $250 per fortnight (from $550), from 25 September until 31 December 2020 for eligible individuals.
27 April to 24 September 2020 $550 per fortnight
25 September to 31 December 2020 $250 per fortnight
Eligibility remains the same. That is, those receiving:
  • JobSeeker Payment (and all payments transitioning as a result of JobSeeker Payment)
  • Youth Allowance
  • Parenting Payment (Partnered and Single)
  • Austudy
  • ABSTUDY Living Allowance
  • Farm Household Allowance
  • Special Benefit
  • Eligible New Enterprise Incentive Scheme participants
  • Department of Veterans’ Affairs Education Schemes
The eligibility criteria and some of the tests for access to income support is changing.
Eligibility and access
The expanded eligibility criteria for the Jobseeker Payment and the Youth Allowance Jobseeker will continue to apply until 31 December 2020:
  • Permanent employees who have been stood down or lost their jobs (and are not receiving payments from an employer or through insurance),
  • Sole traders, the self-employed, casuals or contractors who meet the income and assets tests.

In addition, if you receive JobSeeker or Youth Allowance payments, the amount you can earn before impacting income support has been increased to $300 per fortnight from 25 September 2020 until 31 December 2020.

However, a number of restrictions have been reintroduced.

Reintroduction of assets and partner income tests

From 25 September 2020, the assets test and the Liquid Assets Waiting Period (applies to those with assets such as cash savings worth over $5,500 for singles or $11,000 for singles with children and partnered people) will be reintroduced for access to income support payments.

In addition, partner income testing will resume from 25 September, albeit with higher thresholds than those pre coronavirus. That is, you will not be eligible for income support if you are not earning an income but your partner earns $3,086.11 per fortnight or $80,238.89 per annum. The partner income test taper rate will increase from 25 cents for every dollar of partner income earned over $996 per fortnight to 27 cents for every dollar of partner income earned over $1,165 per fortnight.

Reintroduction of job seeking requirements
Job seeking requirements that were suspended from 24 March 2020 have been introduced from 9 June 2020. The mutual obligation requirements include:
  • Voluntary job searches
  • At least one phone or online appointment with a jobseeker’s employment services provider
  • Voluntary participation in activities, either online or in person, and
  • No payment suspensions or penalties for failure to comply.
Waiting periods continue to be waived
Some waiting periods for access to income support will continue to be waived until 31 December 2020:
  • The one-week ordinary waiting period is waived.
  • The newly arrived resident’s waiting period for new migrants (previously four years). Claimants will still need to meet residency requirements, that is they will need to hold a permanent visa. Affected claimants will need to serve the remainder of this waiting period at the end of the period the Coronavirus Supplement is paid for.
  • The Seasonal Work Preclusion Period for those who are eligible for the Coronavirus supplement -this applies to those who finished seasonal, contract or intermittent work in the six months prior to claiming income support.
If you have any concerns regarding your circumstances please contact your client manager on (02) 8543 6800 or email them directly.

 

Winter 2020 Newsletter – Profit Matters

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