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Easy Come, Easy Go; The PPSR & your business

Written on the 23 January 2014

31 January 2014 should be seared into the brains of business owners and operators.

When the Personal Property Securities Act (PPSA) came into effect in January 2012, it provided a two year grace period to register security interests on the Personal Property Securities Register (PPSR).  The PPSR is a national register of who has security over different forms of property (other than land and buildings).  If you sell goods under retention of title or consignment arrangements, if your business hires or leases goods or equipment to others, if you buy or sell used goods, you need to register your security interests by midnight on 31 January 2014 or risk losing that property.

Imagine this...you are in business and have supplied stock to a retailer.  You haven’t been paid for the stock but continue to supply to the retailer under normal terms of trade.  When the next delivery arrives at the retailer it can’t be delivered because the store is closed and chained up.  Your business hasn’t been paid yet.  You sold the goods on a retention of title basis so the stock belongs to you until the retailer pays you, right?  The answer is not necessarily.  If your security interest in the stock is not on the PPSR, then your rights may not be recognised even if you can prove you have legal title.  One business has already learnt this lesson the hard way when they lost the rights to assets they held legal title over because they did not register their security interest on the PPSR but a financier did (see Maiden Civil v QES [2013] NSWSC 852[1]).

The PPSA is one of the most important changes to business in many years. It means that ownership is no longer king if you get into a stoush about who owns what.  It’s important to review whether or not your business is affected, and if so, register quickly.

If you are buying assets or entering into agreements, it’s also important to check the register to find out who has a security interest over the property involved. 

The PPSR is not just for business.  If you are personally buying anything valuable that is second hand, for example a car, you should check the register.   

See www.ppsr.gov.au for more information and to access the PPSR.

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From 1 July 2013, the upper age limit for superannuation contributions will be abolished.   Employers will be required to contribute to the complying super funds of eligible mature age employees aged 70 and older.

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From 1 July 2013, employers will need to provide additional information about superannuation contributions on an employee’s payslip.  Employers will need to report the amount and expected date of contributions they are making. 

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2013 The Year Ahead For Businesses

Written on the 10th of February 2013

No age limit for super contributions

From 1 July 2013, the upper age limit for superannuation contributions will be abolished.   Employers will be required to contribute to the complying super funds of eligible mature age employees aged 70 and older.

Payslip reporting of super payments

From 1 July 2013, employers will need to provide additional information about superannuation contributions on an employee’s payslip.  Employers will need to report the amount and expected date of contributions they are making. 

Living away from home

If you have employees living away from home, you need to know about the changes to the Living Away From Home Allowance system.  The Government tightened the eligibility rules from 1 October 2012 for all new agreements entered into from 8 May 2012. Transitional rules can apply to arrangements entered into prior to 8 May 2012 but the full set of new rules will apply from 1 July 2014 or when the arrangement is modified (whichever comes first).

Basically, the new rules limit the concession to 12 months in a particular work location (except for fly in fly out employees), require temporary residents and non-residents to maintain a home in Australia, and receipts to be kept for all expenses.

In-house fringe benefit changes

The concessional fringe benefit tax treatment of in-house fringe benefits provided by employers under salary sacrifice arrangements was abolished from 22 October 2012 (transitional rules apply until 1 April 2014 for existing agreements).    This change will particularly affect retailers providing discounted goods such as clothing, and organisations such as private schools that provide discounted education for children of employees.

Previously, in-house property and residual benefits were eligible for a 25% reduction in the taxable value.   While this change occurred in 2012, we are likely to see the full effect in 2013 and beyond.

Building and construction industry reporting

A new reporting regime came into effect on 1 July 2012 requiring businesses in the building and construction industry to report payments to contractors.  The first of these reports is due on 21 July 2013.  Businesses affected by the reporting regime need to report the contractor’s ABN, name, address, gross amount paid for the financial year, and total GST included in the gross amount.
 



2013 The Year Ahead For Businesses

Written on the 10th of February 2013

No age limit for super contributions

From 1 July 2013, the upper age limit for superannuation contributions will be abolished.   Employers will be required to contribute to the complying super funds of eligible mature age employees aged 70 and older.

Payslip reporting of super payments

From 1 July 2013, employers will need to provide additional information about superannuation contributions on an employee’s payslip.  Employers will need to report the amount and expected date of contributions they are making. 

Living away from home

If you have employees living away from home, you need to know about the changes to the Living Away From Home Allowance system.  The Government tightened the eligibility rules from 1 October 2012 for all new agreements entered into from 8 May 2012. Transitional rules can apply to arrangements entered into prior to 8 May 2012 but the full set of new rules will apply from 1 July 2014 or when the arrangement is modified (whichever comes first).

Basically, the new rules limit the concession to 12 months in a particular work location (except for fly in fly out employees), require temporary residents and non-residents to maintain a home in Australia, and receipts to be kept for all expenses.

In-house fringe benefit changes

The concessional fringe benefit tax treatment of in-house fringe benefits provided by employers under salary sacrifice arrangements was abolished from 22 October 2012 (transitional rules apply until 1 April 2014 for existing agreements).    This change will particularly affect retailers providing discounted goods such as clothing, and organisations such as private schools that provide discounted education for children of employees.

Previously, in-house property and residual benefits were eligible for a 25% reduction in the taxable value.   While this change occurred in 2012, we are likely to see the full effect in 2013 and beyond.

Building and construction industry reporting

A new reporting regime came into effect on 1 July 2012 requiring businesses in the building and construction industry to report payments to contractors.  The first of these reports is due on 21 July 2013.  Businesses affected by the reporting regime need to report the contractor’s ABN, name, address, gross amount paid for the financial year, and total GST included in the gross amount.
 


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