Tax & Employment Compliance Workshop
Optimising client outcomes and protecting against the significant risks of ATO employment reviews
Our line-up
Compliance review framework for workers and employers
Recent Fair Work changes
Preventing penalties from arising
A 4-Part Live Instructor Led Online Workshop
Over the last few years we have seen a significant spotlight on worker rights and entitlements with random ATO audits on the rise.
Businesses that engage employees or contractors are subject to a wide range of obligations under the tax and super systems. Failing to satisfy these obligations can lead to adverse outcomes and significant penalties, not just for the business entity, but sometimes for the individuals who control that entity.
The Tax & Employment Compliance Workshop steps through a review framework for addressing the key compliance interactions between workers and employers. We explore the gamut of issues faced by employers from the classification of allowances to payroll tax to director responsibilities. It’s a comprehensive overview of the obligations, problem areas and opportunities within the tax system, and the emerging areas of concern.
In some areas, like payroll tax, accountants can only go so far in the advice they provide but are still expected to know all of the answers by their clients. This is why it is so important to understand the key risk areas and latest developments so that accountants and their clients know when it is time to seek legal advice.
Optimising outcomes for clients and importantly, protecting against some very significant risks, is essential from both a commercial and compliance perspective.
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AU $499 non members
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AU $1,060 members
AU $1,250 non members
Details
Recorded: 29 April, 1, 3 & 6 May 2024
FAAA accredited for a total of 6.25 CPD hours
- 5.5 Tax (financial) advice
- 0.75 Regulatory compliance and consumer protection
Terms & conditions: All registrations to Knowledge Shop events are subject to our terms and conditions which include a cancellation policy. No refunds are provided for cancellations received 1 day prior to the webinar. No credits are available less than 2 hours prior to the event under any circumstances.
*Office Registrations. Maximum 15 participants per firm (must have same email domain). The CPD points for all attendees will be recognised and links will be provided to all attendees.
What we cover
We explore the gamut of issues faced by employers from the classification of allowances, to payroll tax, to director responsibilities. It’s a comprehensive overview of the obligations, problem areas and opportunities within the tax system.
An interactive case study will be used to build on the concepts explored throughout the online workshops.
What's included?
- 4 x 1.5 hour (est.) online workshop sessions
- Reference notes
- Exercises and exercise answers
- Ability to ask questions throughout
Session 1
w Rae Ni Corraidh & Karen Vella
Employee v contractor - understanding the differences
- High Court decisions over the last 24 months and the significant impact they have on
- classifying workers
- When are genuine contractors considered employees for PAYG withholding and SG?
- The key factors that determine whether an employment or contract arrangement exists
- New guidance from the ATO
- Steps that need to be taken to reduce the risk of ATO review
- Can a business contract out of its SG obligations?
- The implications of getting it wrong
- Wage theft allegations/ cases
- SGC components
- How far back can the ATO go to recover SG liabilities?
- Can businesses with SG problems just shut down and start fresh with a clean slate?
PAYG withholding
- Which payments are subject to withholding?
- When a failure to report or withhold affects deductibility of wages
- Fixing the issue to restore deductibility
- What penalties may still apply?
- Single touch payroll – including discussion of some problem areas
- Employee commencement – what steps to take
Foreign employment
- Australian employers with overseas staff
- PAYG, SG and FBT implications
- Employees of foreign businesses working in Australia
- Potential treaty exemptions for short term assignments
Session 3
w Rae Ni Corraidh & Karen Vella
Superannuation guarantee
- Proposed changes - Payday superannuation
- New rates and base – everything you need to know
- Impact on SG liability where employees are salary sacrificing
- The Commissioner’s view on SG and leave loading
- Super Choice rules
- What to do when the employee fails to make a choice
- What happens when it goes wrong – the super guarantee charge calculation in practice
- Part 7 Penalty – what is it, when will it apply and how to reduce it?
- The SG opt out for certain high-income earners
Employer deductions
- What can an employer deduct?
- When are wages and super non-deductible
- When are wages on capital account, and non-deductible?
- What can cause an employer to lose deductions for employee related expenses
Termination of employment
- What is a genuine redundancy?
- Who would not qualify?
- Dual capacity employees
- Employment termination payments
- Wrongful dismissal?
Session 2
w Rae Ni Corraidh & Karen Vella
Allowances
- Allowance v reimbursement - why is the distinction important?
- When does an allowance require PAYG withholding and/or super guarantee
- When are allowances not reportable on the employee’s income statement?
- Travel vs living-away-from-home allowances
- Why it's vital to know the difference
- The ATO's safe harbour approach and what it really means
- How an employer can compensate for each
- The Commissioner's reasonable travel and overtime meal allowance amounts
- No automatic deductions!
- Where practitioners are getting it wrong
FBT
- What attracts the ATOs attention?
- New FBT record keeping requirements from 1 April 2024
- FBT concessions for motor vehicles
- What to do when it is LAFHA – and making sure it is done correctly
- Ensuring that salary packaging arrangements are effective
- Dealing with employee contributions toward fringe benefits
- Are journal entries sufficient?
- Understanding the difference between salary sacrificing and employee contributions
- FBT reporting and single touch payroll
- What happens when the employer is a non-resident
- Unexpected outcomes for the employee
Session 4
w Megan Bishop & Megan Cant
The changing legal environment
The employment landscape has been the subject of much litigation and legislative amendment recently.
- Changes to the Fair Work Act landscape:
- changes to casual workers
- labour hire arrangements
- the definition of an employee and
- the ‘right to disconnect’
- Capturing independent contractors under the workers compensation schemes
- Payroll tax – relevant contractors and employment agents
- Superannuation compliance
- common traps and current issues to look out for
- The director penalty regime
- practical steps that can be taken to mitigate risk
Our presenters
Megan Bishop
Megan is a tax partner at Holding Redlich. She specialises in tax risk management and dispute resolution – the actions taxpayers can take to prevent disputes arising and engage with Revenue authorities to resolve them where they do.
Megan works across all phases of the tax lifecycle from transaction to litigation in the High Court. She has particular expertise in employment taxes, the research and development incentive, residency related and trust related tax issues.
Rae Ni Corraidh
Rae is an experienced tax advisor and trainer focused on helping practitioners apply complex tax rules to real life scenarios. She has a genuine passion for helping practitioners find a solution to the tax problems that their clients face (and sometimes unwittingly cause).
She understands the challenges faced by practitioners and brings a wealth of practical experience to Knowledge Shop workshops and webinars to ensure participants walk away with the knowledge and tools they need to help their clients navigate the technical issues they are facing.
Rae holds a Masters in Commerce specialising in tax and has over 20 years tax experience in professional services firms, ten in Big 4 firms both in Australia and internationally and has held management positions in mid-tier firms.
Megan Cant
Megan is a Special Counsel at Holding Redlich.
With specialist experience of more than 12 years, Megan is an expert adviser in all areas of employment, industrial relations, and work health and safety law.
Megan partners with employers and directors in navigating the legal landscape of the employment lifecycle with a strategic mindset. She has particular industry expertise in media, professional services, superannuation, construction, prestige and luxury goods and the automotive, health and not-for-profit sectors.
Karen Vella
Karen has over 25 years experience in the tax profession, first as a practitioner and more recently as an educator. She trained with the Big Four and initiated her own successful small practice before moving to Hayes Knight as a Partner.
Prior to joining TaxBanter, she spent many years as a trainer and technical writer for Webb Martin Training, and then most recently TaxBytes. She is also a regular presenter and consultant for Knowledge Shop.
Karen loves to talk tax. She has provided tax training to clients ranging from the Australian Taxation Office to accounting firms, both large and small. Her specialty is translating complex content into something meaningful, engaging and practical for her clients, no matter their level of experience.