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Penalty amnesty tempts 7,000 small businesses back into tax system

Tax
11 August 2023
penalty amnesty tempts 7 000 small businesses back into tax system

The budget measure waives fines for late lodgement of income, BAS and FBT returns due during the pandemic.

An amnesty on failure-to-lodge penalties for small business has tempted more than 7,000 small businesses to file almost 20,000 returns in the first two months of the scheme, the ATO says.

The amnesty, a feature of the May budget, waives fines for income, BAS and FBT returns due between 1 December 2019 and 28 February 2022.

To be eligible, a small business must have an annual turnover of less than $10 million at the time the original lodgment was due and file the overdue returns by the end of December.

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No action is required to request a remission but privately owned groups or individuals controlling over $5 million are ineligible.
“This measure is estimated to increase receipts by $718 million and increase payments by $275.4 million over the five years from 2022–23,” the budget papers said.
“In addition to the $82.1 million in funding for the ATO, the increase in payments also includes $12.3 million in unpaid superannuation to be disbursed to employees, and $181 million in GST payments to the states and territories.”

In the two months since the amnesty began, the ATO said 7,200 small businesses had filed 19,500 returns.

CPA head of policy and advocacy Elinor Kasapidis said the amnesty appeared to be successful in getting some businesses to re-engage with their tax responsibilities.

“The speed and high take up of the amnesty reflects how tough some businesses have been doing it in recent years,” she said. “This is certainly a good opportunity for businesses to catch up on lodgements that are overdue from the Covid years.

“If lodging results in a tax debt, they may need to discuss payment options with the ATO.”

The CEO of financing company OptiPay, Angus Sedgwick, said it was a great opportunity to “proactively engage with the ATO”.

“Now would be a good time to remind company directors that in some circumstances they can be personally liable for unpaid GST, PAYG and unpaid employee superannuation guarantee payments,” he said.

The ATO is currently owed $30 billion in tax debt, including $1.6 billion in superannuation payments owed to employees.

However, one bookkeeper who blogged on the initiative, Marianne Davies of Ideal Calculations in Victoria, said none of her recidivist clients had reappeared and most were beyond the point of re-engaging with the ATO.

“They get to a point where they just put their head in the sand,” she said. “I don’t think it’s working – people in that situation unless someone gets onto them, they’re just not interested.”

“They know they owe money!”

About the author

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Philip King is editor of Accounting Times, Accountants Daily and SMSF Adviser, the leading sources of news, insight, and educational content for professionals in the accounting and SMSF sectors. Philip joined the titles in March 2022 and brings extensive experience from a variety of roles at The Australian national broadsheet daily, most recently as motoring editor. His background also takes in spells on diverse consumer and trade magazines. You can email Philip on: [email protected]

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