UPDATE – 29/05/23

On 29 May, Revenue NSW released an update on the foreign owner surcharge, following their announcement on 21 February. Revenue NSW identified four furthe countries as additional nations that have international tax treaties with the Federal Government: India, Japan, Norway, and Switzerland.

Citizens from these countries will no longer be required to pay surcharged purchaser duty or surcharge land tax. The refund period has been extended for purchasers/transferees and landowners from these countries who paid surcharge duty or surcharge land tax on or after 1 January 2021 (previously 1 July 2021).

SW previously noted that other states may follow the NSW lead. At this time, the Victorian State Revenue Office has advised that it will continue to apply the surcharge to all foreign purchasers and absentee owners, and Queensland has taken no action.

ORIGINAL – 24/02/23

Revenue NSW has identified that the surcharge purchaser duty and foreign owner surcharge land tax provisions are inconsistent with international tax treaties entered into by the Federal Government with New Zealand, Finland, Germany and South Africa.

Effective immediately, citizens of these countries purchasing residential-related property (in their own capacity) will no longer be required to pay NSW foreign owner surcharge duty or foreign owner land tax surcharges on those properties. Foreign owner surcharges are significant – currently the stamp duty surcharge is 8% of dutiable value and the land tax surcharge is 4% from the 2023 land tax year onwards.

Surcharge tax liabilities for non-individuals, such as corporations, trusts or partnerships that arise because of an entity’s affiliation with these nations may also be affected by the international tax treaties.

Refunds may be available where surcharge taxes have been paid by investors from these countries from 1 July 2021 onwards. 

Surcharge taxes and International Tax treaties

Certain international tax treaties entered into between Australia and other relevant countries contain a non-discrimination provision. Broadly, the intent of these provisions is to ensure that a resident of the other treaty country is not subjected in Australia to any tax which is more burdensome than that imposed on an Australian resident. This is typically limited to federal taxes, such as income tax and fringe benefits tax.

However, the treaties entered into between Australia and the now exempted countries (New Zealand, Finland, Germany and South Africa) provide a more encompassing non-discrimination provision which broadly applies to taxes of every kind imposed by Australia – which would include state taxes such as land tax and duty.

In this regard, Revenue NSW have conceded that the current NSW surcharge provisions are contradictory to the tax treaty applying to these countries.

Implications for other nations

It is not yet known how the recent changes will impact on residents from other countries. There may be other international treaties with non-discrimination provisions which may also need to now be considered in light of these changes.

Application for refunds

Revenue NSW have stated that they will proactively identify customers and transactions that may be eligible for the removal of surcharge purchaser duty and surcharge land tax. Where a transaction has been identified for the removal of surcharge taxes, a Revenue NSW representative will contact the relevant person to make arrangements for the payments to be refunded.

To ensure you are eligible for the refund, Revenue NSW will require a certified copy of your current passport or citizenship certificate. Once this information has been received, refunds will be processed within 28 days. 

If Revenue NSW does not contact you and you believe that you may be eligible for a refund, you can contact Revenue NSW directly in relation to the matter. If you require assistance with the application for a refund, please reach out to us at SW.  

Action from other states

The Victorian State Revenue Office has stated that it has taken note of the changes in NSW and is currently considering the implications of this in relation to surcharge taxes in Victoria.

At the time of writing no other revenue office has commented on this matter, however, the relevant DTAs would potentially apply to surcharges imposed by all Australia States, and further announcements may follow.  

How SW can help 

In some cases, property owned by a Trust or company may be considered for the refund where the foreign citizen of these countries has a substantial interest in the entity.

If you need any assistance determining whether you are eligible for a refund or how the surcharge taxes will apply to you going forward, please reach out to us.

Contributors

Robert Parker

Carmelin De Francesco

The post NSW removes foreign owner property taxes for certain countries appeared first on SW Accountants & Advisors.

Key takeaways

• Larger businesses and landlords will have to pay additional taxes to help the Government repay the COVID debt
• The Government continues to invest in education and healthcare as this remains a key focus
• Certain infrastructure projects have been paused such as the Melbourne Airport Link. However, the Government continues to invest in road upgrades and railway networks.

What does the State Budget mean for you?

Tax reform & changes

Property & infrastructure

Contributors

Ned Galloway

Blake Rogers

Eric Lay

The post VIC State Budget 2023/24 appeared first on SW Accountants & Advisors.

The training session provided the opportunity to maintain and develop expertise in managing the compliance for property funds, and assist with processes when working with an accounting firm such as ours.

The session delivered a deeper insight into the technical and information requirements when preparing accounts, demonstrated how tax components are calculated and common accounting vs. tax differences.

Our property fund experts spent time running through the basic accounting and tax knowledge of property trusts, and extended across the following topics:

• Recent 2023-24 Federal Budget update
• Recent 2023-24 Victorian and WA State Budget update
• Key financial reporting requirements for funds
• Common issues for ordinary trusts, MITs and AMITs – including issues that also affect equity and debt funds

SW Speakers

René Muller
Partner, Assurance and Advisory Services
SW 

Luke Fernandes
Associate Director, Tax
SW 

The post Property funds | Tax & Accounting technical training appeared first on SW Accountants & Advisors.

The training session provided the opportunity to maintain and develop expertise in managing the compliance for property funds, and assist with processes when working with an accounting firm such as ours.

The session delivered a deeper insight into the technical and information requirements when preparing accounts, demonstrated how tax components are calculated and common accounting vs. tax differences.

Our property fund experts spent time running through the basic tax knowledge of property trusts, and extended across the following topics:

• Removal of special purpose financial reporting
• Key financial reporting requirements for property funds
• Managed Investment Trusts and Attribution Managed Investment Trusts
• General taxation of trusts
• Calculation of taxable income and tax deferred income
• Accounting vs. tax differences and common adjustments

SW Speakers

René Muller
Partner, Assurance and Advisory Services
SW 

Luke Fernandes
Associate Director, Tax
SW 

Carmelin De Francesco
Senior Manager, Tax
SW 

The post Property funds | Tax & Accounting technical training appeared first on SW Accountants & Advisors.

Key takeaways

• Although there are no key tax measures introduced, direct property taxes will continue to be the source of over 50% of new revenue for the Victorian Government due to increased transaction volume and rising land values (although this is expected to be tampered by forecasted interest rate rises).
• A new Victorian Future Fund will be established to manage the fiscal impact of COVID 19. It will initially be funded from the VicRoads Modernisation joint venture and is expected to have a balance of around $10bn. Investment returns from the Fund is to be quarantined and returned to the Fund to help offset the current debt and return the Budget to surplus by 2025-2026.
• There is a clear focus in this Budget to repair the health system. Included in the Budget is more than $12bn of health-related expenditure including the training and hiring of additional healthcare workers and paramedic staff, funding for Ambulance Victoria to meet growing demand for services and investment to cut surgery waiting lists.
• The two-year Sick Pay Guarantee pilot program will receive $246m in funding to assist provision of a payment of up to five days of sick or carer’s pay at the national minimum wage for insecure work (casual employees).
• $250m provided for a one off $250 Power Saving Bonus to all Victorian households using the Victorian Energy Compare website to locate the cheapest electricity deal. The scheme will run from 1 July 2022 to 30 June 2023.
• A commitment of $111m to support Victoria’s tourism and major events.
• The Victorian Government has allocated $1.8bn to the school building project and plans to continue upgrading schools until it achieves its intended target of 100 new schooling facilities by 2026. The program includes upgrades to 65 schools including 36 special schools, building 13 new schools, additional stages at four more schools, and expanding capacity at two schools to meet enrolment demand.
• The Victorian Government also plans to invest $5bn in early three-year-old childhood education by increasing universal educational access for disadvantaged families as well as providing support to individuals from diverse backgrounds and $131m to assist students from rural areas to access four-year-old early childhood services.

For full overview of the infrastructure measures see our breakdown here.

Victorian Industry Fund to support Victorian Businesses

The Government has introduced a $120m fund to support the advancement of domestic manufacturing and other high priority sectors. Some of the initiatives to be supported by this Fund include:

• $40m to provide grants to support rapidly growing businesses
• $40m of targeted financial incentives to attract investment into Victorian businesses
• $20m for an equity investment pilot fund to attract highly innovative companies particularly in areas such as medical technology
• $7m low-carbon manufacturing grant program to help Victorian manufacturers to compete globally in the renewable energy space
• $4.5m for 300 digital jobs for manufacturing internships to help train Victorian workers in this industry. 

Significant Tax Measures

No significant new tax measures were announced in the 2022/23 Budget although there were minor amendments in relation to:

• Equalisation of gambling tax rates for electronic gaming machine operators

• Exemption from motor vehicle duty for wheelchair accessible commercial passenger vehicles that provide unbooked services.

However, as noted above, the State Taxes are to be a major source of revenue for the Victorian Government. The table below shows the annual revenue expected from State Taxes over the next 4 years.

Opportunities

The opportunity for businesses may come from the expected economic growth although this is not anticipated to be significant. Business sectors such as Medtech, pharmaceuticals and manufacturing should benefit from the increase in funding.

Did the VIC Budget measure up to expectations?

The Budget fell short of providing the required assistance to boost businesses which are facing significant uncertainties.

The Government’s commitment to repairing Victoria’s health system in needed and welcomed. However, the Government has not sought to increase property taxes to decrease the State’s debt and is instead relying on solid economic growth to repair the budget.

Please reach out to one of our experts below for assistance navigating the implications and opportunities this Budget presents for you, your business and your industry.

Contacts

Abi Chellapen

Daren McDonald

Stephen O’Flynn

The post VIC State Budget 2022/23 appeared first on SW Accountants & Advisors.

We take the lead supporting tomorrow’s leaders with our Emerging Property Fund Series in Melbourne and Sydney.

This interactive five part series is facilitated by our own property funds specialists and industry experts, who will provide strategic insight into property funds management and key issues ranging from structuring, debt and equity through to legal and compliance.

Benefits of attending

• Learn how to protect your business and personal assets
• Different approaches to structuring your product
• Identifying methods to raise your debt and equity capital
• Market trends in the different asset classes
• Tax issues arising from different structure
• Effective exit strategies for your investors

Event details

Date: 5 sessions hosted on a monthly basis starting Wednesday, 23 October 2019 (Melbourne) / Thursday, 24 October 2019 (Sydney)
Time: 5:45pm – 8pm (canapes and refreshments provided)
Melbourne Venue: ShineWing Australia, L10, 530 Collins Street, Melbourne
Sydney Venue: ShineWing Australia, L8, 167 Macquarie Street, Sydney
Format: Interactive class-room style
Cost: $800 per person for the series or group booking for up to 3 people for $1,600 (prices exclude GST)

This includes:

• Five 2-hour sessions and networking opportunities with speakers and attendees
• Soft and hard copies of speaker presentations and handouts
• Automatic inclusion to our Emerging Property Funds Series, including invitations to future networking events

Session topics and dates 

Session 1: Fundamentals for Success, Property Funds – Wednesday, 23 October 2019 (Melbourne) / Thursday, 24 October 2019 (Sydney)

Speakers/Panelists: Howard Brenchley (APN Property Group), Paul Healy (Property Funds Association), Stuart Wilton (Centuria), Steven Bennett (Charter Hall) and Stephen O’Flynn (ShineWing Australia)

This introductory session will provide a brief overview of the series structure. You will hear first-hand from industry specialists the key lessons they’ve learnt, what challenged them the most, what worked, what didn’t and tips on building the right team.

Session 2: Fundamentals for Success, Personal and Business Issues – Wednesday, 27 November 2019 (Melbourne) / Thursday, 28 November 2019 (Sydney)

Please note, the Sydney session will be at 3pm – 5pm on this day.
Speakers/Panelists: Daren McDonald (ShineWing Australia) and Abi Chellapen (ShineWing Australia)
How do you separate your business fund from your personal assets? In this second session you will learn how to protect yourself, your funds and the appropriate ownership structures recommended to protect your investment and maximise your return.

Session 3: Fund Structuring – Wednesday 26 February 2020 (Melbourne) / Thursday, 27 February 2020 (Sydney)

Speakers/Panelists: David Southon (Aliro Group), Matthew Chun (Development & Property Consultant) and Simon Tucker (ShineWing Australia)
You may have a plan, but do you know which fund structure will give you the best competitive advantage? The industry experts will talk you through the fund structure matrix which covers local and international equity, fee structure and more.

Session 4: Debt and Equity – Wednesday, 25 March 2020 (Melbourne) / Thursday, 26 March 2020 (Sydney)

Speakers/Panelists: Warren Boothman (Open Corp), John Taylor (Crestone), Dan Freeman (Commonwealth Bank) and Matthew Schofield (ShineWing Australia)
This session covers everything you need to consider and what to avoid in modern-day financing. Identify both the traditional and alternative methods for obtaining funding, how to strike a deal with the banks and how best to raise your debt and equity.

Session 5: Legal, Regulatory and Compliance – Wednesday 22 April 2020 (Melbourne) / Thursday, 23 April 2020 (Sydney)

Speakers/Panelists: Legal advisor, Rene Muller (ShineWing Australia) and Rami Eltchelebi (ShineWing Australia)
Ensuring your i’s are dotted and t’s are crossed are important for the property funds management industry. Our experts will talk you through the documentation and practical application involved in your fund set-up and provide tips on avoiding common pit-falls to ensure you stay compliant.\

More information

Know someone interested in property fund management? You are welcome to direct any interested property professionals to this web page or to the ShineWing Australia Marketing team via marketing@sw-au.com.

The post Emerging Property Funds Series 2019/20 – Melbourne and Sydney appeared first on SW Accountants & Advisors.

We take the lead supporting tomorrow’s leaders with our Emerging Property Fund Series in Melbourne.

This interactive five part series is facilitated by our own property funds specialists and industry experts, who will provide strategic insight into property funds management and key issues ranging from structuring, debt and equity through to legal and compliance.

Benefits of attending

• Learn how to protect your business and personal assets
• Different approaches to structuring your product
• Identifying methods to raise your debt and equity capital
• Market trends in the different asset classes
• Tax issues arising from different structure
• Effective exit strategies for your investors

Event details

Date: 5 sessions hosted on a monthly basis starting Wednesday, 23 October 2019
Time: 5:45pm – 8pm (canapes and refreshments provided)
Venue: ShineWing Australia, L10, 530 Collins Street, Melbourne
Format: Interactive class-room style
Cost: $800 per person for the series or group booking for up to 3 people for $1,600 (prices exclude GST)

This includes:

• Five 2-hour sessions and networking opportunities with speakers and attendees
• Soft and hard copies of speaker presentations and handouts
• Automatic inclusion to our Emerging Property Funds Series, including invitations to future networking events

Session topics and dates 

Session 1: Fundamentals for Success, Property Funds – Wednesday, 23 October 2019
Speakers/Panelists: Howard Brenchley (APN Property Group), Paul Healy (Property Funds Association) and Stephen O’Flynn (ShineWing Australia)

This introductory session will provide a brief overview of the series structure. You will hear first-hand from industry specialists the key lessons they’ve learnt, what challenged them the most, what worked, what didn’t and tips on building the right team.

Session 2: Fundamentals for Success, Personal and Business Issues – Wednesday, 27 November 2019
Speakers/Panelists: Daren McDonald (ShineWing Australia) and Abi Chellapen (ShineWing Australia)
How do you separate your business fund from your personal assets? In this second session you will learn how to protect yourself, your funds and the appropriate ownership structures recommended to protect your investment and maximise your return.

Session 3: Fund Structuring – Wednesday 26 February 2020
Speakers/Panelists: Matthew Chun (Development & Property Consultant) and Abi Chellapen (ShineWing Australia)
You may have a plan, but do you know which fund structure will give you the best competitive advantage? The industry experts will talk you through the fund structure matrix which covers local and international equity, fee structure and more.

Session 4: Debt and Equity – Wednesday, 25 March 2020
Speakers/Panelists: Warren Boothman (Open Corp), Dan Freeman (Commonwealth Bank) and Matthew Schofield (ShineWing Australia)
This session covers everything you need to consider and what to avoid in modern-day financing. Identify both the traditional and alternative methods for obtaining funding, how to strike a deal with the banks and how best to raise your debt and equity.

Session 5: Legal, Regulatory and Compliance – Wednesday 22 April 2020
Speakers/Panelists: Brendan Ivers (Hamilton Locke) and Rami Eltchelebi (ShineWing Australia)
Ensuring your i’s are dotted and t’s are crossed are important for the property funds management industry. Our experts will talk you through the documentation and practical application involved in your fund set-up and provide tips on avoiding common pit-falls to ensure you stay compliant.

More information

Know someone interested in property fund management? You are welcome to direct any interested property professionals to this web page or to the ShineWing Australia Marketing team via marketing@sw-au.com.

The post Emerging Property Funds Series 2019/20 – Melbourne appeared first on SW Accountants & Advisors.

The Emerging Developers Series is a four-part program of interactive seminars for an intimate group of up and coming property professionals. It is designed to walk you through the property development process from start to finish.

You will have access to leading industry experts, and to learn from their strategic insight into property development and key developer issues from tax structuring to design and construction.

Event details

Date: 4 sessions hosted on a monthly basis starting Monday, 13 May 2019
Time: 3pm – 5:30pm (afternoon tea provided)
Venue: ShineWing Australia, Level 10, 530 Collins Street, Melbourne
Format: Interactive class-room style format where our expert guest speakers will share their insight and expertise on a key component of the property development process.
Cost:  $800 per person for the series or group booking for up to 3 people for $1,600 (prices exclude GST)

This includes:

• Four 2-hour sessions and networking opportunities with speakers and attendees
• Soft and hard copies of speaker presentations and handouts
• Automatic inclusion to our Emerging Developer’s Series Program, including invitations to future networking events
• Invitations to ShineWing Australia’s annual Property Update event which brings together Australia’s leading property professionals

Speakers

	Daren McDonald, Partner, ShineWing Australia Dare is a leading accounting, commercial and taxation advisor to property developers in Australia. With 25 years’ experience in financial and strategic consulting to property developers on significant joint ventures.
	Brihony Boan, Partner, Gadens Brihony Boan is a Partner in the Property, Construction and Planning Team at Gadens in Melbourne, focusing on property development and distressed property sales.
	Luke O’Grady, Director/Owner, INPG Luke O’Grady is a Director and Co-Owner of Incollaboration Projects Pty Ltd. With over 15 years in the industry, Luke has a vast experience with all facets of the residential development industry including medium and high density residential apartments, townhouse projects or land subdivision.
	Christina McRae, Director, Urbis Christina is a Director at Urbis in Melbourne where she advises public and private sector clients on land use and development strategies and navigating the planning system. Multi residential, retail, mixed use and major project management are some of her key areas of practice.
	Sam Nathan, Director, Colliers International Sam has engaged closely with the premium apartment market for over 15 years, initially as a qualified valuer and then as a lead advisor to major domestic and international developers, investors, consultants and financiers, having had significant advisory roles on some of Melbourne’s most complex and renowned residential developments.
	Tom Renda, Director,  Thomas Capital and Advisory Tom has 32 years of banking experience, having held front line roles as State General Manager and National Industry Leader in Institutional Banking, Corporate and Business Banking at CBA, NAB and CBA. Tom has extensive experience across all aspects of banking and is now assisting clients in sourcing finance through bank and non-bank lenders.
	Andrew Deveson, Director, Kapitol Group  Andrew has over 15 years of vast experience in construction, with specialised expertise in active education environments, commercial offices and large-scale residential buildings throughout Melbourne. As a director of Kapitol Group, Andrew is responsible for the management of projects and works in close collaboration with all stakeholders from concept through to completion.
	Brendan Young, Associate, RLB  Brendan is a highly skilled and qualified construction professional who brings competence and enthusiasm to his role at RLB. For his twelve years at RLB, he has demonstrated comprehensive understanding of all key disciplines, providing him strong grounding for producing quality Quantity Surveying services to clients.
	Arif Uzay, Director, RLB Arif demonstrates a comprehensive understanding of all areas of quantity surveying, financial and cost management, specialising in conceptual estimating, cost planning and project procurement. He has considerable experience providing services for both the Government and the private sector on a broad range of construction projects and industries which predominantly include retail, residential and commercial sectors.
	Matthew Gibb, Managing Director, Gibb Group Matthew has in excess of 20 years’ experience in the industry and 15 years in senior positions in commercial and industrial property both in Australia and overseas including that of COO. Matthew’s wealth of knowledge is second to none in the commercial industrial sector.
	Matthew Malseed, Managing Director, Hamton Matt is the Managing Director and joint owner of Hamton Property Group. Upon its establishment in the early 2000’s and prior to becoming a joint owner of Hamton, Matt was a key senior executive in the business.He has been a regular guest lecturer for undergraduate and post graduate courses in property at the University of Melbourne and RMIT and has a strong interest in mentoring young people in the property development industry.
	Sejla Kadric, Associate Director, Blake Rodgers, Senior Managers, ShineWing Australia Sejla and Blake both have more than 11 years’ experience in providing accounting, tax and business advisory services. They have worked with broad spectrum of clients, ranging from high net worth individuals to large private businesses, subsidiaries of foreign multinationals as well as local and foreign owned property developers.

Session topics and dates

Session 1: Are you Development ready? | Legal documentation – Daren McDonald and Brihony Boan
Monday, 13 May 2019 

Are you ‘development ready’? This introductory session will provide a brief overview of the series structure as a whole and focuses on the development planning process. Daren explains the importance of a holistic and strategic development plan along with key factors to consider before embarking on any new project. In particular, this session focuses on structuring, asset protection as well as understanding and developing risk management methodology.

Brihony will present on a range of legal documentation issues. Getting documentation right the first time around minimises the risk of liability, performance issues and non-deliverables. Therefore it is crucial that proper attention be given to all legal documentation including (but not limited to) land acquisitions, contracts of sale, town planning submissions and supplier engagements and building contracts.

Session 2: Feasibility and development management | Town planning | Sales strategy  – Luke O’Grady, Christina McRae and Sam Nathan
Wednesday, 12 June 2019

Luke will step us through the preparation of an accurate feasibility statement, which is essential to the developer’s assessment of the opportunity. In addition, it is critical in determining a host of other factors such as risk and reward, timings, tax and cash flow planning and equity partners’ expectations. In addition, a successful development is all about delivering your project on time and on budget.

Our town planning expert, Christina will talk you through the documentation and practical application associated with all aspects of the development cycle and give tips on how to avoid some of the common pitfalls.

Sam will provide an assessment on current market trends and give advice on how to determine effective sales approaches and marketing strategies tailored to your project.

Session 3: Construction | Funding | Construction cost management – Andrew Deveson, Tom Renda, Brendan Young and Arif Uzay
Monday, 22 July 2019

Andrew, our construction expert, will speak about the construction process including management of the respective parties involved, common issues and the fundamentals in implementing a successful construction program.

Our expert Tom, will address the role that debt can play in funding a development along with the legalities and risks around alternative financing options. Tom will also cover structuring the deal for equity investors and property schemes. In short, everything you need to know about what to consider and avoid in modern-day deal structuring.

Brendan and Arif will provide practical advice to ensure you start off on the right foot when it comes to managing the construction costs of your development.

Session 4: Developers panel discussion | Completion and property taxes – Matt Gibb, Matt Malseed, Sejla Kadric and Blake Rodgers 
Monday, 19 August 2019

In the final session of this series, there will be a recap on the different phases of the development cycle with particular focus given to the completion and settlement of the project.

The first part of this session will be led by Matt Gibb and Matt Malseed, who will share their personal insight into how and why they got involved in property development, lessons learned and their journey to date. This session will be a rare opportunity to get firsthand knowledge from experts in the trade – learn what to avoid in the development process, how to judge feasibility of the project and increase your chances of success.

The final part of the session will be a recap of property related state and federal taxes pertaining to acquisition, hold and disposal of developed property

Registration and more information

Know someone interested in property development? You are welcome to direct any interested property professionals to this web page or to the ShineWing Australia Marketing team via marketing@sw-au.com.

In order to maintain an interactive group, please note that places are limited to 25 and will be allocated on a first come first served basis.

The post Emerging Developers Series 2019 – Melbourne appeared first on SW Accountants & Advisors.