+61 (3) 5911 7000 +61 (3) 5911 7000

Up to 10 years in prison for deliberate ‘wage theft’

HomeInsights

Up to 10 years in prison for deliberate ‘wage theft’.


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:

  • For individuals - 5,000 penalty units (currently $1,565,000).
  • For businesses - 25,000 penalty units (currently $7,825,000).


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:

  • Replace the definition of a ‘casual employee’ and create a pathway to permanent work.
  • Change the test for ‘sham contracting’ from a test of ‘recklessness’ to ‘reasonableness.’
  • Bolster the powers of the Fair Work Commission including the ability to set minimum standards for ‘employee-like’ workers including those in the gig economy.
  • Introduce a new offence of “industrial manslaughter” in the Work Health and Safety Act 2011.


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.

Let's work together.

We want our people to be the best they can be.


CONTACT US  CONTACT US 



Should you pay cash or finance a new car?

When determining whether you should pay all cash or look to finance the car is always going to be based on your personal situation.


5 Stages of Property Settlement

The process begins when the sale contract is signed and officially concludes on settlement day.


5 Ways First Home Buyers Can Qualify For A Loan

Rising interest rates and sky-high property prices have made homeownership tougher for first time buyers.


Things to consider before investing in regional areas.

With strong capital growth and tight vacancy rates driving up rents, more and more investors have been looking to regional areas.


What can you do with your home equity?

With home prices rising substantially over the past decade, homeowners are often sitting on a large amount of equity that they could use for other things.


How to Add Users to Your Xero Account


How To Upload Documents to Hubdoc


Publishing Hubdoc Bills in Xero


4 Asset Finance Mistakes

If you’re looking to purchase business equipment, vehicles or just looking to better manage your short-term cash requirements, asset finance can be a big advantage.


Identifying Your Top Income Clients in Xero


Service stations not under threat from electric vehicles

Service stations were some of the strongest performing assets, with transactions up 50 per cent during 2022.


How To Reconcile Personal Transactions in Xero


How To Process Refunds in Xero


What Account To Use in Xero and When


Industrial rent growth begins to slow down

The record run of industrial rent growth is finally showing its first signs of easing after posting a 23 per cent rise in 2022.


When and How to Use Bank Rules in Xero


Understanding Tax Rates in Xero and When To Use Them


How To Look Up Your Gross Profit Margin in Xero


How To Look Up Your Profit in Xero


How To Process Subcontractor Super in Xero


Bank Reconciliations: How To Process Split & Part Payments in Xero


How good is ChatGPT at tax?

The latest innovation to take the world by storm is ChatGPT, and its ability to work with the Australian tax system.


The ATOs final position on risky trust distributions

The ATO has released its final position on how it will apply some integrity rules dealing with trust distributions.


Is ‘downsizing’ worth it? 

From 1 January 2023, those 55 and over can make a ‘downsizer’ contribution to superannuation.


Small Business in 2023

The downside of not taking time out for your strategy is that there is a tendency to keep a short-term. Sometimes in the process, this short-term focus undermines longer term value and returns.


Refinancing your SMSF

SMSF loan is the possibility of getting a better interest rate to save more money. You could save thousands more if you refinance to a lower rate SMSF loan.


The Borrowers Guide to First Home Buying

Buying your first home can be exciting and overwhelming at the same time. We have provided this guide to assist you in preparing for the home buying journey and we will be here with you, every step of the way.


The Borrowers Guide to Construction Loans

Our Borrowers Guide to Construction Loan has been designed to assist you gain a better understanding of how the lending process works for building and construction.
The amount you can borrow will depend on several factors and is another reason why it is important to engage your Mortgage Broker in the process before you are wanting to buy land or build.


The Borrowers Guide to Lending

Our Borrowers Guide to Lending has been designed to assist you gain a better understanding of how the lending process works.
The mortgage process can be overwhelming and confusing at times, but when you understand the basic process, you will be much more prepared.


Is it time to rebalance how your super is invested?

Rebalancing is a clever way to keep your superannuation fund investments in order.


How to upsize your super with a downsizer contribution

The good news is that you may be able to use some of your home equity to boost your super and help fund your life in retirement.


Is there a silver lining to falling property prices?

Falling property prices and rent hikes mean the average income earned from residential property has risen.


Xero STP Phase 2 Payroll: How To Guide

ONLINE Webinar
19 January 2023 @ 12:30 - 1:30pm
Phase 2 STP will be the compulsory way to process Xero payroll as of March 2023.


SMART Life - Issue 11: Summer 2023

Increasing gross rental yields. Falling property prices combined with rent hikes means the average income earned from residential property, as a percentage of property values, has risen.


Shannon Smit wins SMSF Adviser of the Year

Smart Business Solutions chief executive Shannon Smit, winner of SMSF Adviser of the Year award, talks about the evolution of her business and shares her insights on complex SMSF planning issues.

Women In Finance SMSF Adviser of the Year

Women In Finance SMSF Adviser of the Year


STP Phase 2: Pay Item Transition

This video offers a Xero how-to on the latest details of the compulsory STP (Single Touch Payroll) Phase 2 rollout including Pay Item Transition.


Xero STP Phase 2: Leave Transition

This video offers a Xero how-to on the latest details of the compulsory STP (Single Touch Payroll) Phase 2 rollout including Leave Transitions.


Xero STP Phase 2: Employee Transition

Changes are coming about how you manage Xero payroll with Single Touch Payroll (STP) Phase 2. This video explains how to manage Employee Transition in STP Phase 2.


Summer selling appeal

Summer is a great time to list and a sell a home as buyers have been thinking about property over the summer.


Managing money as a couple

When new couples start living together one of the first things they need to consider is how they will manage their finances.


Consolidate your debts after Christmas

A great way to deal with the post-Christmas financial hangover is to look at different ways to consolidate your debts.


How to hit your financial goals in the new year

Giving peace of mind and a sense of direction and calm is one of the greatest gifts that we feel privileged to offer our clients.


4 ways to boost your SMEs cash flow in 2023

Getting a good grasp of your business’s cash flow situation will help put you in a strong financial position.


The office market continues to bounce back

Commercial office assets represented 34.2 percent of all commercial property sales during 2022, up from 27.2 percent last year.


Top Commercial Property Projections for 2023

The commercial property sector continues to grow. 2023 is shaping up well with a range of opportunities for investors.


The SMART Amazing Race 2022

You will be amazed in this race against time to reach the finish line. Welcome to The Amazing Race memoir - Smart Business Solutions 2022  End of Year Team Building and Christmas party.


What do the 'Secure Jobs, Better Pay' reforms mean?

The Government’s ‘Secure Jobs, Better Pay’ legislation passed Parliament on 2 December 2022.


Missed the Director ID deadline? Now What?

If you are required to but have not yet applied for your ID, you should seek an extension immediately.


Avoiding the FBT Christmas Grinch

The most effective way of sharing Christmas joy with customers is not necessarily the most tax effective.


A Business Loan VS Invoice Loan

In many instances, businesses might need to wait 60 days or more to get paid, which can put a strain on the business's cashflows.

Related News

3 Aug

Received an unexpected ASIC registration notice? Stop before you pay

Received an ASIC renewal or company review notice in the mail? Before you pay, here's how to spot third-party correspondence and avoid unnecessary costs.


READ MORE READ MORE
28 Jul

A Major Change for SMSF Property Buyers

Planning to buy property through your SMSF? A key rule change from 10 August 2026 could impact your options. Understanding the deadline now may help you avoid missing an important opportunity.


READ MORE READ MORE
28 Jul

Two Jobs, One Tax-Free Threshold

Working more than one job this year? You could end up paying less tax throughout the year and more at tax time. Here's why it happens and how to avoid an unexpected bill.


READ MORE READ MORE