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2023 12 December Client Newsletter

Welcome to our December 2023 edition of the StewartBrown newsletter. Below are several important points to note as we close out the calendar year from a tax and business perspective.

Click here to download a PDF copy of the December 2023 StewartBrown newsletter.

STEWARTBROWN – CHRISTMAS CLOSURE

We advise that the StewartBrown offices will be closed during the holiday period as follows:

Office closes from 5.30pm Wednesday, 20 December 2023
Office reopens on Monday, 8 January 2024

The Partners and staff of StewartBrown take this opportunity to wish all our clients and business associates a very merry Christmas and a joyful New Year.

FRINGE BENEFITS TAX AND CHRISTMAS PARTIES

It is that time of year again and we thought a reminder on the tax consequences of Christmas celebrations and gifts would be timely. Income tax, FBT and GST are all relevant considerations where these costs are involved.

Christmas parties

The tax consequences will depend on a number of factors including the following:

  • whether the employer is a tax-paying body, tax rebatable or tax exempt
  • whether the party is held at your business premises or off-site
  • the cost per person
  • the fringe benefits tax method used by the employer (actual or 50/50 split method)
  • whether or not the minor benefit rule applies where food and drink at the function is less than $300 per head (i.e. the benefit is an “exempt benefit”). (N.B. Where the minor benefit rule applies to entertainment expenditure, the employer will not be entitled to claim a tax deduction or to claim GST input tax credits in respect of the expense).
  • who attends the party (clients, employees, associates of employees)

To determine the tax consequences, employers need to identify all function-related costs.

Christmas party held on the employer’s premises

A Christmas party held on the employer’s business premises will be treated as follows for the various attendees:

Employees: exempt from FBT and not deductible for income tax. GST input tax credits cannot be claimed.
Associates of employees: subject to FBT and deductible for income tax. If FBT applies, GST input tax credits can be claimed. However, if the cost of the food and drink is less than $300 per person, the minor benefit exemption can apply. If the exemption applies, no tax deduction will be allowed and GST input tax credits cannot be claimed.
Non-employees/non-associates: not subject to FBT, no tax deduction and GST input tax credits cannot be claimed.

Christmas party held off-site

A Christmas party held at restaurants or similar venues will be treated as follows for the various attendees:

Employees and associates of employees:
The expenditure will be subject to FBT and deductible for income tax. If FBT applies, GST input tax credits can be claimed. However, if the cost of the food and drink is less than $300 per person, the minor benefit exemption can apply. If the exemption applies, no tax deduction will be allowed and GST input tax credits cannot be claimed.
Non-employees/non-associates:
The expenditure will not be subject to FBT, there will be no entitlement to a tax deduction and GST input tax credits cannot be claimed.

Christmas travel and accommodation provided in connection with Christmas parties

The definition of “provision of meal entertainment” includes accommodation or travel in connection with providing entertainment. Travel and accommodation costs incurred in connection with the Christmas party must be included by the employer as part of their meal entertainment expenditure.

Recreation provided at Christmas parties

Recreation expenditure (eg live shows, theatre etc.) must be separated from the meal entertainment expenditure as it may have a different FBT treatment to the meal entertainment expenditure. You need to use the actual method to deal with recreation expenditure, as follows:

Employees and associates of employees:
The expenditure will be subject to FBT and deductible for income tax. If FBT applies, GST input tax credits can be claimed. However, if the cost of the recreation is less than $300 per person, the minor benefit exemption can apply. If the exemption applies, no tax deduction will be allowed and GST input tax credits cannot be claimed.
Non-employees/non-associates:
The expenditure will not be subject to FBT, there will be no entitlement to a tax deduction and GST input tax credits cannot be claimed.

Christmas gifts

Again, the tax treatment will depend on:

  • the recipient of the gift
  • if the gift is provided at the Christmas party
  • whether the gift is in the nature of entertainment
  • whether or not the minor benefit rule (less than $300) applies

Gifts provided at the Christmas party to employees

Where a Christmas gift is provided to an employee at the Christmas party, the benefits are associated benefits, but the ATO’s view is that each benefit needs to be considered separately to determine if the benefit is less than $300 in value. If both the Christmas party and the gift are each less than $300 in value and the other conditions of a minor benefit are met, they will both be exempt benefits.

If the gift is in the nature of entertainment (e.g. theatre tickets), whilst the $300 minor benefit rule may apply to exempt the benefit from FBT, as the gift is in the nature of entertainment, the cost of the gift will not be tax deductible and GST input tax credits cannot be claimed.

If the gift is not in the nature of entertainment (e.g. a bottle of perfume or alcohol), the cost of the gift will not be subject to FBT, it will be tax deductible and GST input tax credits can be claimed.

Gifts provided to non-employees/non-associates

Where a Christmas gift is provided to clients or suppliers, and the gift is not in the nature of entertainment (e.g. a bottle of alcohol or perfume), the cost of the gift will be tax deductible. The cost of gifts in the nature of entertainment (e.g. theatre tickets) provided to clients or suppliers will not be tax deductible and GST credits cannot be claimed.

2023 10 StewartBrown Aged Care Financial Performance Survey (June 2023)

The StewartBrown 2023 Financial Year (twelve months) Aged Care Financial Performance Survey incorporates detailed financial and supporting data from 1,237 aged care homes (100,972 beds/places) and 71,269 home care packages across Australia. The quarterly survey is the largest benchmark in the aged care sector and provides invaluable insight into the trends and drivers of financial performance at the sector level and at the aged care home or programme level.

Click here to download a PDF copy of the Stewartbrown Aged Care Financial Performance Survey report for June 2023 (twelve months).

2022 08 StewartBrown Disability Services Financial Benchmark (June 2022)

StewartBrown has released its first Disability Services Financial Benchmark Report. The report, for the 12 months to 30 June 2022, incorporates detailed financial and supporting data from 36 participating organisations, 1,056 SIL homes and 29,513 NDIS participants across Australia. It provides invaluable insight into the trends and drivers of financial performance at the sector level and the individual service level. This first report provides the base point for future benchmarks and the comparative period for the second benchmark for the year ending 30 June 2023 (FY23). Data collection for FY23 is open, with a cut-off date of Friday 20 October 2023. The FY23 Benchmark will be released in December 2023.

Click here to download a PDF copy of the StewartBrown Disability Services Financial Benchmark report for June 2022.

2023 07 StewartBrown Aged Care Financial Performance Survey (March 2023)

The StewartBrown March 2023 (nine months) Aged Care Financial Performance Survey incorporates detailed financial and supporting data from 1,143 aged care homes (91,622 beds/places) and 69,753 home care packages across Australia. The quarterly survey is the largest benchmark in the aged care sector and provides invaluable insight into the trends and drivers of financial performance at the sector level and at the aged care home or programme level

Click here to download a PDF copy of the Stewartbrown Aged Care Financial Performance Survey report for March 2023 (nine months).

2023 06 StewartBrown 2023 Year End Tax Planning Checklist

For the information of clients we enclose this checklist which you may find helpful in planning your year-end tax strategies. Careful planning (and in many cases timing) is always important when tax planning is concerned. This document is not exhaustive and your individual circumstances must be considered. Please contact your StewartBrown Manager or Partner should you need any assistance with understanding or applying the below.

Here’s a quick summary of what you need to consider for yourself and your business before the end of the financial year:

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StewartBrown
ABN: 63 271 338 023
Level 2, Tower 1,
495 Victoria Avenue

Chatswood, NSW, 2067
Tel: (02) 9412 3033
Fax: (02) 9411 3242
info@stewartbrown.com.au


StewartBrown Advisory Pty Ltd
ABN: 19 143 011 750
AFSL: 355134
Level 2, Tower 1,
495 Victoria Avenue

Chatswood, NSW, 2067
Tel: (02) 9412 3033
Fax: (02) 9413 4202
info@stewartbrown.com.au

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