Can government fix it: policy improvements

Productivity and workplace diversity – current measures ineffect

There are currently two FBT exemptions currently available which relate to child care:

1. Exemption for the provision of child care facilities – a key requirement is that the employer must provide the child care facility on its business premises.

2. Exemption for contributions made to obtain priority of access – of little practical value when compared to the cost of child care itself.

Market Valuations and Main Residence

Currently a market value rule applies when a former home is first rented after August 1996, to invoke as its cost base and deemed acquisition date, the market valuation at the date of first rental.

But many taxpayers first use a property as an investment, and then move into it as their home, and can never enjoy the maximum opportunity of the main residence exemption. For instance, if they add value to the property with an extension/renovation, they effectively increase the embedded CGT exposure they have on the property.

AMIT regime - platforms & wraps

Platforms, wraps, IDPS and IDPS-like schemes are not currently deemd as "good" investors for a fund that is trying to satisfy the eligibility requirements for entry into the AMIT regime.

Platforms etc have very large numbers of investors (in the thousands) and a platform investor could easily satisfy the widely held requirement if each investor were to invest into a fund directly.

Review FBT compliance costs - please!

According to a Corporate Tax Association survey of its members, Fringe Benefits Tax (FBT) is a significant compliance burden on taxpayers and is in need of reform. Whilst there have been some compliance safe harbours developed for FBT log books, other areas need legislative reform to reduce the cost of compliance with little cost to the revenue. Some simple fixes would include:

> Allowing for consolidation or grouping for FBT purposes

> Introducing an exemption from FBT for employer provided child care provided at offsite facilities

New Project Contribution/ levy

Would the board consider making recommendations to the government to introduce a voluntary tax levy (administered through the tax system) whereby the average Australian is offered an option to contribute towards a project ( could be a long term infrastructure project like high speed rail) and get a tax deduction for it. The revenue generated will go into a fund specific for that project. The average Australian will feel empowered when such projects contribute to jobs and growth in their communities.

Changes to the Non-concessional Contribution Caps

As a result of the May 2016 Budget announcement changing the non-concessional contributions (NCC) cap, some taxpayers did not put the previously allowed $540k into their SMSFs as a NCC by 30 June 2016. However, under the revised Government announcement in September 2016, some taxpayers would have been permitted to do so. If a taxpayer turned 65 between the two announcements, the taxpayer could no longer contribute the previously permitted contribution of $540k.