Legislation currently being debated in Parliament will introduce a new criminal offence for intentional “wage theft”. If enacted, in
addition to the criminal offence, a fine will apply.
The fine is three times the underpayment and:
The reforms are not intended to capture unintentional mistakes and a compliance ‘safe harbour’ will be introduced by the Fair Work Ombudsman
for small businesses.
In addition to addressing wage theft, the Bill also seeks to:
What happens when a trust appoints income to a private company beneficiary but does not actually make the payment?
The tax treatment of this unpaid amount was at the centre of a recent case before the Administrative Appeals Tribunal (AAT) that saw a taxpayer successfully challenge the ATO’s long held position (Bendel and Commissioner of Taxation [2023] AATA 3074). For many years, the ATO’s position has been that if a trust appoints income to a private company beneficiary but does not actually make the payment, this unpaid amount can be treated as a loan. Under Division 7A of the tax rules, these loans can be taxed as unfranked dividends unless they are managed using a complying loan agreement with annual principal and interest repayments.
This AAT decision challenges an important ATO position, with the tax outcomes being potentially significant for trust clients that currently owe (or may have owed in the past) unpaid trust entitlements to related private companies.
But this is not the end of this story. On 26 October 2023, the Tax Commissioner lodged a notice of appeal to the Federal Court. There is no guarantee that the Federal Court will reach the same conclusion as the AAT. We will need to wait and see.
We want our people to be the best they can be.
Join us for a comprehensive 4-part webinar series designed for small business owners seeking growth and better financial management.
Presented by Shannon Smit from Smart Business Solutions, each session will delve into critical aspects of compliance review framework for
workers and employers, providing practical insights and strategies to help you navigate complex financial landscapes and make informed
decisions.
Rapid population growth, high construction costs, and significant interest rate cuts forecasts will provide a strong tailwind to the sector.
Retirement can feel like a shockwave, particularly if life’s circumstances or a redundancy means that you don’t get to choose the timing.
Understanding and effectively managing excise tax is crucial for the success of distilleries and craft alcohol producers in Australia. With proper planning and strategic execution, businesses can thrive in this heavily regulated yet dynamic market.
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As countries around the world isolate from globalisation, we’re seeing an increasingly fragmented global economy.
With inflation coming off the boil, there was optimism that borrowing costs have peaked and could be lowered later this year. In turn, this could be beneficial for corporate earnings.
Building on the findings from Xero Small Business Insights (XSBI) report, Small business productivity: Trends, implications and strategies, this special report presents industry and regional labour productivity data for small businesses.
Property prices continue to go from strength to strength with new data showing values are once again reaching record highs.
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The main residence exemption exempts your family home from capital gains tax (CGT) when you dispose of it.
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In this podcast, we talk with Mick Simmons, founder of Mental Health Safety Net, a grass-roots organisation that provides suicide awareness training to workplaces and schools. Trigger Warning: This episode has content related to suicide and mental health issues.
Equipment loans are an important financial tool that allows businesses to acquire the necessary machinery and tools without straining their cash flow.
It’s essential that any income earned from sharing economy platforms such as Airbnb, Stayz, Uber, etc., is declared in your tax return.
Legislation increasing the instant asset write-off threshold from $1,000 to $20,000 for the 2024 income year.
As tensions between Australia’s largest companies, their customers, and the federal government flare, companies such as Woolworths, AMP, and Qantas are placing a higher priority on measuring their community reputation.
Australia has become an expensive place to live, so it’s not surprising that the lure to retire at an idyllic, low-cost, offshore location is getting a lot of attention. We discuss the pros and cons.
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Investors continue to seek out caravan parks, after a resurgence in the sector during the lockdown years.
We are thrilled to announce that Daniel McCulloch has been promoted to Partner at Smart Business Solutions Group. His promotion to Partner is a testament to his hard work, dedication, and the high level of service he consistently delivers.
Australia has become an expensive place to live, so it’s not surprising that the lure to retire at an idyllic, low-cost, offshore location is getting a lot of attention. We discuss the pros and cons.
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The End of Financial Year (EOFY) can be a great time if you’re in the market for a new car.
As the EOFY approaches, property investors need to be proactive to ensure they are in the best position to negotiate tax time.
The industrial sector is currently experiencing limited supply and high demand as the population grows.
Using various forms of finance is a viable strategy to ensure you start the new financial year with strong cash flow.
It’s time to take control of your time. It’s time to stop being ‘busy’ and start being ‘productive’. It’s time to learn how to invest your time to create your best life. Kate Christie has taught time to thousands of professionals and business owners around the world – exactly how to find hours of extra time and then design their best lives. What would 30 extra hours a month mean to you?
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We are thrilled to announce that SMART Business Solutions Group has been awarded the prestigious Multiservice Firm of the Year at the 2024 Australian Accounting Awards! This recognition is a testament to our commitment to excellence, innovation, and the comprehensive range of services we provide to our valued clients.
Heather Gallagher has spearheaded transformative initiatives in the mortgage broker space through her role as Head of Training and Education at outsource Financial. She has been instrumental in empowering brokers and administrative staff through tailored mentoring programs and weekly learning sessions.
One of the main considerations when applying for a car loan as a casual worker is your income.
Property prices could be about to climb higher with new analysis predicting the major capital cities will see significant growth in the next three years.
Property prices have hit yet another record, with capital city house prices rising by 1 percent.
Accommodation payments (called Refundable Accommodation Deposits – RADs for short) are one of the most misunderstood areas of residential
aged care. Many people don’t realise that a RAD is not “lost” money but is refundable when you leave care or pass away.
Creating equity isn’t always about spending time in the market. You can also manufacture equity if you buy well and implement some proven strategies.
This year’s Federal Budget focussed on the rising costs of living and how to help Australians manage. Before the Budget there was speculation that we would see changes for aged care funding and fees, but what made it into the Budget?
RADs, DAPs, MPIRs, MTAs and ACATs !! These are just a few of the acronyms you will face when navigating aged care decisions. It might even feel like you’ve landed in a foreign country where you don’t understand the language or the rules.
Explore the world of self-managed superannuation funds (SMSFs) with expert Shannon Smit as she shares insights on wealth-building, retirement planning, and investment strategies using super as a vehicle.
Your credit score is a track record of how you manage debts.
Before getting into the specifics of property division, it's important to understand the concept of legal ownership.
Close The Dream Gap. Starting at age 5, many girls begin to develop limiting self-beliefs. They stop believing their gender can do or be anything. This is the Dream Gap.
Asset leasing provides businesses with several advantages, an attractive option for acquiring essential equipment and machinery.
New warehouses on the back of rising interest rates, new construction is expected to rebound as tenant pre-commitments firm up and demand rises.
Despite electric vehicles growing in popularity there is still a need for traditional service stations, according to an expert.
It’s important to initiate transparent communication with tenants well in advance of listing the property for sale.
Budget 2024-25 is a pre-election budget for the people with everyone getting a little something to ease cost of living pressures. For business, there is the extension of the $20k instant asset write-off again.
Secured business loans play an important role in supporting small business owners.
Now's the time to review what strategies you can use to minimise your tax before 30 June.
The Federal Budget, delivered on the night of May 12 2026, was one of the most significant in years. We know you will have questions — and we have put together this document to answer the ones we are hearing most.
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