THE House Standing Committee on Tax and Revenue has commenced an inquiry into taxpayer engagement, specifically considering the experiences of individuals and small businesses in interacting with the taxation and superannuation system.

The Chair of the Committee, Mr Kevin Hogan MP, said the committee is particularly interested in examining the cash or black economy and the ongoing digitisation of Australia’s taxation system.

“There has been a lot of commentary recently about how to deal with undeclared cash income. This is just one aspect of the inquiry—albeit an important one—as it says just as much about the community’s acceptance of the ‘hidden economy’, as it does about those who do not declare cash income.”

He also noted that, “It is, however, important not to dampen innovation and micro‑business start‑ups, or to create a new unintended black economy in the pursuit of closing the cash economy tax gap.

“We will be very interested to consider the different experiences of both digital natives (who have recently started to, or will soon be paying income tax) and at the other extreme, the older generation of new digital adopters,” Mr Hogan said.

The inquiry will investigate how taxpayers view and operate with each other, with tax agents and other intermediaries—and ultimately with the Australian Taxation Office.

A number of overseas taxation agencies have used behavioural economics to inform the development of their tax systems; in particular, developing the social norm that paying your share of tax is expected behaviour.

“We would like to hear about what taxpayers believe are their—and other taxpayers’—obligations and why they think this way. Furthermore, we’ll be exploring why individuals and small businesses behave in certain ways, not only about lodgement and meeting tax payments but also about declaring taxable income,” Mr Hogan said.

Written submissions addressing one or more aspects of the terms of reference are requested to be lodged by Thursday, 9 February 2017.

Further details about the inquiry, including the full terms of reference, an explanatory paper and information on how to contribute, can be obtained from the Committee’s website at www.aph.gov.au/taxrev or by contacting the Committee secretariat on 02 6277 4821 or emailing This email address is being protected from spambots. You need JavaScript enabled to view it.           

Interested members of the public may wish to track the committee via the website. 

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EXECUTIVES from the four major banks will this week attend hearings conducted by the Australian Small Business and Family Enterprise Ombudsman (ASBFEO) Kate Carnell to gather information for the ASBFEO’s Small Business Loans Inquiry.

Senior bank executives from ANZ, NAB, Westpac and the Commonwealth Bank have been summonsed to appear at the hearings – which will take place tomorrow, Tuesday 29^th and Wednesday 30^th November – and will be questioned on their practices in relation to small business lending.  The hearings will not canvas the specific and confidential details of individual cases.

“A range of themes have emerged during the ASBFEO Inquiry process, and a number of potential reform measures have been identified as significant and necessary to a robust relationship between financial institutions and their small business customers going forward,” Ms Carnell said.

The ASBFEO Inquiry is considering its recommendations and the hearings will question bank executives on these prospective reform measures. 

“We’re interested in hearing from the banks about their procedures in relation to loan contracts, dispute resolution services and the treatment of valuations, and we will press them on their willingness to change their approach to things like monetary and non-monetary defaults, and the role of administrators in relation to small business bank customers,” Ms Carnell said.

The ASBFEO has provided initial findings in relation to access to justice, to the Ramsay review of the financial system’s external dispute resolution and complaints framework.

“Among other measures, our interim report recommended the need for greater emphasis on small business lending in the Code of Banking Practice, and highlighted the limitations of the Financial Ombudsman Service (FOS) in dealing with disputes between small businesses and their financial lender,” Ms Carnell said.

This week’s hearings follow private hearings, which were held to gather information regarding the individual cases examined as part of the Inquiry process.

The ASBFEO Inquiry was established to investigate the adequacy of the law and practices governing financial lending to small businesses with a specific focus on a select number of cases investigated by the Parliamentary Joint Committee (PJC) on Corporations and Financial Services in its report ‘Impairment of Customer Loans’.

In accordance with the Terms of Reference, the ASBFEO’s final Inquiry report will provide advice to government on any deficiencies around the regulation and practices of banks, and will not make any determinations in regard to the circumstances of particular cases.

The hearings can be viewed live from 9am via web-stream at www.asbfeo.gov.au

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THE passage of legislation clearing the way for the re-establishment of the Australian Building and Construction Commission (ABCC), along with the Security of Payments Working Group, marks a new era of fairness and productivity in the building sector, Australian Small Business and Family Enterprise Ombudsman (ASBFEO) Kate Carnell said.

“For too long, many small businesses involved in the construction industry have had their livelihoods undermined by unproductive, inappropriate and heavy handed conduct at the hands of unions, who have used their power to either twist the arm of small business owners into signing unfair industrial arrangements, or worse still force the little guys off the project altogether,” Ms Carnell said.

“The re-establishment of the ABCC will ensure there’s a tough cop on the beat; it will prevent union coercion and put a stop to bullying, ensuring mum-and-dad small businesses have greater access to major construction projects, which will ultimately bring down rapidly rising building costs here in Australia.”

Ms Carnell congratulated Senator Nick Xenophon for his work in relation to security of payments for subcontractors.

“For a small business, gaining access to a building site doesn’t mean anything unless you get paid at the end of the day.  The reality is, many small businesses in the building sector have been stung by rogue head contractors who either don’t pay their subbies on time, or worse still, the lead contractor goes bust and simply doesn’t pay their subbies at all,” Ms Carnell said.

“The work by Senator Xenophon regarding security of payments will hopefully help stamp out this practice in the future, so small businesses get paid the money that’s rightfully theirs.

“The role of the new Security of Payments Working Group is something my office will look at as part of our current Payment Times and Practices Inquiry, which is investigating the payment terms of big businesses and governments in relation to their commercial arrangements with small businesses, and the measures that can be implemented in the future to ensure the little guys are paid on time.”

www.asbfeo.gov.au

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MANY accountants are lagging in engagement with Generation X and Y Millennials but it should be simple, according to the Institute of Public Accountants (IPA).

“To attract younger generation clients we need to know what makes them tick,” said IPA chief executive officer, speaking at the IPA’s national congress last week.

“While there are differences and not just age differences between Gen X and Millennials, there are some core values which both generations share.

“Generation X values relationships, family, freedom and a good work-life balance.  They tend to struggle with limits and rules, which also means they need advice to guide them through the compliance trail that our members live and breathe every day.

“Generation Y or Millennials value family, personal connection and loyalty.  They seek what is genuine; are optimistic when it comes to change; advocate for the environment and social justice.  They also place high value on tolerance and diversity, teamwork and work-life balance.

“Common ground between these generations are the values of diversity, opportunity and social value.

“Recognising these factors gives accountants as trusted advisers a good starting point for conversation; then it’s a matter of drilling down to understand their individual needs,” said Mr Conway.

publicaccountants.org.au

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THE additional reach of the restored Australian Building and Construction Commission (ABCC) to address militant and unlawful industrial tactics in the offshore resources sector and related supply chains, will provide a massive boost to Australia’s prospects of securing $255bn worth of resources investment still under consideration for our shores.
 
For as long as the federal Coalition, both in opposition and government, has been seeking to restore the ABCC to address escalating union militancy, Australia’s resource industry employer group AMMA has lobbied for its extension to offshore resource construction.
 
“We asked for it, the government saw merit in our proposal, and has now delivered it with the support of the Senate crossbench,” says AMMA chief executive Steve Knott.
 
“While much of the community’s concern in recent years has related to high profile CFMEU thuggery on CBD building sites, there have been escalating strategies by militant unions to hold multi-billion dollar offshore resources projects to ransom for their own agendas.
 
“The Maritime Union of Australia was recently found by the Federal Court to have used safety as a pretext to take illegal strike action against Chevron’s Gorgon LNG project, reportedly costing the project up to $20 million.  Upon being ordered to return to work, there are credible claims the union then used ‘go slow tactics’ to further disrupt the project.
 
“During the construction of Woodside’s Pluto LNG Project, more than 100 workers defied an order from the industrial tribunal and walked off the job, before later being ordered to pay over $1 million in total fines.  Pluto LNG was also subject to further illegal strikes by members of the CFMEU, CEPU and AMWU, resulting in further fines.
 
“This type of industrial extortion may be out-of-sight to the average Australian, but it still hurts our economy and erodes job opportunities.  In the past two years alone, more than $160bn of potential major resources and energy projects have failed to proceed.
 
“By extending the new ABCC’s jurisdiction to offshore resource construction, Australia has sent a signal to the international investment community that we are open for business and want their job-creating capital to come to this country, not our competitors.”
 
Michaelia Cash’s workplace reforms in the national interest:
 
AMMA is unsurprised that the Labor / Greens / Jacqui Lambie alliance fought against the return of the ABCC to the last moment, given Opposition Leader Bill Shorten’s history of condoning the militant and combative tactics of Australia’s most extreme unionists, with no regard to the harm created to industry and Australia’s reputation.
 
Infamously, Mr Shorten told the MUA’s National Conference in 2013 that he wished he could “bottle the spirit” of the militant unionists at the event, just one day after West Australian secretary Chris Cain told members “laws need to be broken, you’re going to get locked up”.
 
“Bill Shorten may have declared he is proud to walk ‘side by side’ with industrial law breakers, but thankfully the majority of Australian Senators have acted in the national interest and said ‘no more, not under out watch’,” Mr Knott continues.
 
“We congratulate the Turnbull Government and those who voted in support of the ABCC legislation, for taking a stand against union militancy and the damage it causes our economy.
 
“AMMA particularly applauds Minister for Employment Michaelia Cash for her recent workplace relations legislative victories. It hasn’t gone unnoticed that the minister has been subjected to juvenile, borderline sexist comments from ALP Senators during the past week.
 
“It is a credit to Senator Cash, also Minister for Women, that she ignored such bile and got on with turning Coalition pre-election workplace relations policies into law.  Based on these results Senator Cash is clearly one of Malcolm Turnbull's most effective Cabinet Ministers.
 
“With the ABCC and Registered Organisations changes now passed, another issue critical to our industry is ensuring the proposed merger of Australia’s two most militant unions, the CFMEU and MUA, is subject to a test against the public interest, as a comparable corporate merger would be.
 
“Given the deplorable conduct of these unions and their unparalleled record of breaching Australia’s workplace laws, their merger would be very unlikely to pass such a test until they could demonstrate compliance with Australia’s workplace laws over a sustained period.
 
“Once these matters of union compliance, transparency and lawfulness are dealt with, as a nation we can move on to the type of fundamental workplace relations reform that will create jobs and build the strength of our economy, starting with the recommendations the Productivity Commission handed down some 12 months ago.”

www.amma.org.au

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THE House Tax and Revenue Committee will this week hear from the Australian Tax Commissioner and the Inspector-General of Taxation in its review of the performance of the Australian Taxation Office (ATO) over 2015–16.

The meeting will start with evidence from the Council of Small Business Australia, the peak body which exclusively represents the interests of small business.

The Committee Chair Mr Kevin Hogan MP said, “The ATO is undergoing a major reinvention process, aiming to both increase voluntary compliance and enhance the community’s confidence in the fairness of our tax and superannuation systems. At the Committee’s last public hearing, tax professionals welcomed a developing sense of partnership with the ATO in advancing these goals, while the ATO’s submission also reported technical successes with its online myTax/etax lodgements up nine per cent on last tax time (as at October 2016)”.

“On Wednesday, the Committee will take evidence from the Tax Commissioner and ATO officials about the measures being deployed to improve willing compliance across the whole community—from small to very large business, and individuals, while the Inspector-General of Taxation and his Deputy will be invited to discuss the fairness and efficiencies of the ATO’s debt collection processes, and related matters,” Mr Hogan said.

Public hearing details: 4:10pm, Wednesday 30 November, Committee Room 2R1, Parliament House, Canberra

4:10pm: Council of Small Business Australia
4:40pm: Australian Tax Commissioner and Officials
4:30pm: Inspector-General of Taxation and Deputy
6:10pm: Close

The hearing will be broadcast live at aph.gov.au/live. 

Interested members of the public may wish to track the committee via the website. 

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The Treaties Committee today called on the Government to continue its commitment to free trade so the benefits of the Trans-Pacific Partnership (TPP) are not lost.

The Committee tabled its report recommending Australia ratify the Trans-Pacific Partnership Agreement (TPP), even though the TPP may not come into effect.

Committee Chair, Stuart Robert MP, says that Australia’s prosperity relies on our ability to sell products in overseas markets on fair terms.

The TPP would have removed barriers and red tape to give Australia a better chance at obtaining those fair terms.

The Report acknowledges that many participants in the inquiry had concerns about certain aspects of the TPP, but, taken as a whole, the TPP would have advanced free trade and provided opportunities for Australians.

Mr Robert says that the Australian Government needs to do its best to ensure that the benefits Australia obtained through the negotiation of the TPP are retained in future free trade negotiations.

In a world where protectionism and nationalism are on the rise, the Australian Government needs to keep reiterating the importance of free trade as a bulwark against international economic decline.

Interested members of the public may wish to track the committee via the website.

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PARLIAMENT'S Northern Australia Committee has commenced an Inquiry into Opportunities and Methods for Stimulating the Tourism Industry in Northern Australia.

The Government’s White Paper on developing Northern Australia, released in June 2015 recognised tourism as an industry with ‘bright prospects in the North’ and that Northern Australia could ‘capitalise on its iconic locations, open spaces and clean environment to host the millions of tourists every year.’

The Committee Chair, Warren Entsch MP, stated, ‘Tourism is an industry central to the economy of many parts of Northern Australia and has the ability to provide greater short and long term economic opportunities for communities across all regions.’

‘Despite offering a range of activities and great experiences, the numbers of both domestic and international visitors to Northern Australia has declined in the last decade when compared to those visiting the rest of Australia. The inquiry will investigate how tourism to Northern Australia can be stimulated and how impediments can be addressed.’

Submissions from interested individuals and organisations are invited by 16 February 2017. The preferred method of receiving submissions is by electronic format lodged online using a My Parliament account.

Further information about the Committee’s inquiry, including the full terms of reference and details on how to lodge a submission are available on the Committee’s website.

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