Answer To: FNS40217 | FNSTPB401 Complete Business Activity and Instalment Activity Statement Tasks Assessment...
Jyoti answered on Nov 27 2021
FINANCE POLICY AND PROCEDURE
MANUAL
(REFERENCE DOCUMENT)
ASSIGNMENT TASK -1
BAS LEGISLATION AND REQUIREMENTS
PART –A
1. Taxation Legislations.
TAX AGENT SERVICES ACT 2009 (TASA 2009)
TASA 2009 was introduced with an objective to make sure that services of tax agents are provided to general public in proper manner. Three pillars of this Act are Tax Practitioner Board for registering tax and BAS agents, Code of professional conduct for those agents and approval of discipline for those agents.
FRINGE BENEFITS TAX ASSESSMENT ACT 1986 (FBTAA 1986)
Fringe benefit is an extra benefit given by employer to employees other than salary. FBTAA 1986 regulates tax on fringe benefits which is separate from income tax laws. Under this Act, a year operates from 1st April to 31st March. The Act has XII parts with a Schedule covering various provisions ranging from fringe benefits to recording keeping and penalty.
SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 (SGAA, 1992)
SGAA, 1992 was introduced with the objective that majority of employees receive superannuation support each year from their employer by way of superannuation contributions to superannuation fund. If such support is not provided by way of superannuation contribution, employer becomes liable to pay a guarantee charge. Presently, the rate is 9.5% of eligible salary. BAS agent can provide a service under this Act relating to a salary or wages or contractor payments.
SUPERANNUATION GUARANTEE CHARGE ACT 1992 (SGCA, 1992)
SGAA, 1992 and the SGCA, 1992 provides for superannuation guarantee system. Where an employer defaults in paying the least amount of super guarantee to the fund for its employees, a guarantee charge is to be paid by employer. This charge comprise of shortfall amount, interest on shortfall and administration fee per employee. Such shortfall amount and administration fees can be determined by BAS agents and related reporting is also done by them.
GOODS AND SERVICES TAX ACT 1999 (GSTA 1999)
GST is levied on taxable supplies made by registered person. GSTA 1999 provides framework for GST law including liability for registration, tax invoices, tax credits, tax payment, returns and activity statements, etc. Currently, the rate of GST is 10%. A business registered under GST charge this tax to its customers on the taxable supplies with an entitlement to tax credit of GST so paid.
INCOME TAX ASSESSMENT ACT 1997 (ITAA 1997) & INCOME TAX ASSESSMENT ACT 1936 (ITAA 1936) & TAXATION ADMINISTRATION ACT 1953 (TAA 1953)
ITAA 1997, ITAA 1936 & TAA, 1953 –all Acts are taxation laws governing income taxes. ITAA, 1936 is gradually rewritten into ITAA 1997. BAS agents can submit a declaration regarding tax file number for their clients to the Commissioner in view of provisions of sections 202CD and 202F of ITAA 1936. ITAA 1997 provides for imposition and collection of income taxes on the assessable income after deductions of taxpayers. The Act contains total 995 sections providing taxability of personal income, business income and capital gains along with exemptions, wherever applicable. Individuals are taxed at rates varying 0 to 45% along with medicare levy, whereas, companies are liable to pay tax either 27% or 30% depending upon its turnover.
TAA 1953 prescribes annual reporting requirements to be made to ATO by suppliers to furnish information like verification of ABNs, total payments made (including GST), total tax withheld in case no ABN quoted, etc. This service can be provided by BAS agents.
PRIVACY ACT 1988 (PA 1988)
PA 1988 promotes and protect personal information of individuals. It provides for management of personal information of individuals by Government agencies and specified organisations. Type of privacy regulation also includes credit reporting system, health and medical research and tax file numbers. The rules provides for collection, disclosure, protection, etc. of informations.
2. Regulatory requirements for BAS for different entities
(a) Sole trader
An individual running business in an individual capacity is referred to as ‘sole trader’. He /she can apply for ABN for all business dealings and also register for GST, in case turnover in a year equals or exceeds $ 75,000 . Upon both registrations, ATO informs sole trader when to file a BAS. A sole trader can use online services available for individuals (myGov account). Further, a simpler BAS has also been introduced for small business with turnover below $ 10million where there is no need to complete a GST calculation worksheet. Instead, G1- Total sales, 1A –GST on sales and 1B- GST on purchases is to be reported.
(b) Companies
A company is separate from its shareholders, management and directors. Therefore, a separate BAS is filed for business operated through that company for filing its obligations including GST, PAYGI, PAYGW, FBT, etc. ATO send a BAS to be filed by company either online or through tax or BAS agent or mail or by phone for NIL BAS.
(c) NPO
NPO use activity statements for reporting obligations like GST, FBT,etc. ATO send a personalised activity statement to NPOs to be lodged by them. Activity statements can be lodged through business portal or through tax agent or mail. The reporting intervals could be monthly, quarterly or annually.
(d) Discretionary trusts
Trust , a vehicle whereby a trustee, be it individual or company carries out business operations for its beneficiary. In discretionary type of trusts, trustee has discretion towards distribution of income to beneficiary. The trust have its own TFN and ABN. Trustee lodges return of income tax of trust. Further, beneficiaries (or trustee if assessed on their behalf) may have to deposit PAYG instalments based on share of trust’s instalment income and trust is not directly liable for PAYG instalments
3. Sources to ATO information sheets
(a) NAT 7392- GST-Completing your activity statement
(b)NAT 5107- GST Calculation worksheet for BAS
https://www.ato.gov.au/assets/0/104/694/815/68f311eb-9d6a-4367-8ea5-3dbb52fb859e.pdf
(c)NAT 7393- PAYG Instalments
https://www.ato.gov.au/uploadedFiles/Content/CR/Research_and_statistics/In_detail/Downloads/cor00345977_NAT7393_AII_12.pdf
(d)NAT 4192, 4193,4197 and 4648- Instalment activity statement https://www.ato.gov.au/Forms/Consolidated-list-of-approved-forms-by-tax-topic/?page=14#Instalment_activity_statement
(e) NAT 4149- Quarterly GST Options
https://www.ato.gov.au/Business/GST/Lodging-your-BAS-or-annual-GST-return/Options-for-reporting-and-paying-GST/Quarterly-GST-reporting/
(f)NAT 4150-Reporting and paying monthly GST
https://www.ato.gov.au/Business/GST/Lodging-your-BAS-or-annual-GST-return/Options-for-reporting-and-paying-GST/Monthly-GST-reporting/
(g) NAT 4189, 4195, etc- BAS Forms
https://www.ato.gov.au/Forms/Consolidated-list-of-approved-forms-by-tax-topic/?page=2#Business_activity_statements__BAS_
4. Professional Network Contacts Outside Company
ATO, Tax Agents, Seminars, Conferences, Suppliers, Delivery Partners, Customers, etc. can be approached for sharing and obtaining information.
5. Regulatory requirements for completion and signing of BAS
(i) Completion of BAS
Completion of BAS can be divided into six steps. If one is using calculation worksheet method, then all steps need to be followed and in case accounts method is used, then, follow steps 1, 3, 5 and 6.
STEP 1: COMPLETING SALES
This step includes information about total sales (G1), export sales (G2) and GST free sales (G3).
-Total sales include all type of sales whether it is GST free sales or input taxed sales or taxable sales (including GST, if you are using calculation worksheet method and opt for exclusion of GST, if you are following accounts method). It may also include hire purchase sales, sales made under conditional contract, etc.
-Export sales include free on board value of export goods if export is GST free. It should be noted that every amount of export sale reported at G2 should form part of total sales (G1).
- GST free sales cover food, beverages, health, childcare services, sewerage services, sale of water, etc. All these sales should form part of total sales reported at...