The Australian Taxation Office is urging all businesses and individuals to take care in relation to avoiding the risk of fraud.
With a focus on criminals lodging fraudulent returns in order to obtain unwarranted refunds through accessing banking information that is not their own, the ATO recommends businesses and individuals practice the following:
Discussions with staff and clients
Keep your employees and your clients about safe behaviours to protect them from being vulnerable to criminals, such as not clicking on downloads, hyperlinks or opening attachments in unsolicited emails.
Protection on devices
Ensuring the devices you use for confidential information such as transferring funds and purchasing goods and services are all up to date with protective software, such as malware detectors and firewalls. Also, ensure autofill forms are not saved or used.
Proof of identity
Before taking on new clients, ensure they provide numerous pieces of proof of identity. You should also question discrepancies before lodging their tax returns.
Internal security
Ensure all employees have access to only what they need in order to perform their role within the company. When employees cease employment, cancel their AUSkeys.
A super death benefit is the super paid after a person’s death, usually to a nominated beneficiary. These benefits are subject to different tax treatments, depending on whether the beneficiaries are dependant or non-dependant.
Superannuation death benefits will generally be received tax-free by tax dependants, who are considered to be:
A child of the deceased who is under 18 years of age,
A spouse or former spouse of the deceased,
A person who has an interdependency relationship with the deceased (e.g. if they live together or have a close personal relationship),
A financial dependant of the deceased.
Dependants will not have to pay tax on the tax-free component of their super in the event that they:
Withdraw it as a lump sum, or
Receive an account based income stream.
However, they will be taxed at their marginal rate if they receive a capped benefit income stream and:
The deceased was at least 60 years of age at the time of death
The dependent is over 60 years of age and the total of their tax-free component and taxed element exceeds their defined benefit income cap.
Not all super death benefits are subject to tax; for non-dependants, there is a taxable portion. This component is largely made up of after-tax super contributions that the deceased member has made.
Super death benefit payments are subject to tax when:
The payment is made as a result of the SMSF member passing away,
The payment is provided to a non-dependent for tax purposes,
The payment has a taxable component.
Non-dependants must calculate how much money in the super account is a:
Tax-free component,
Taxable component the super provider has paid tax on (taxed element),
Taxable component the super provider has not paid tax on (untaxed element).
The amount of tax non-dependants pay will be based on their marginal tax rate, however, this amount may be reduced by tax offsets. For the taxed element of the taxable component, the effective tax rate is your marginal tax rate of 17% (whichever is lower). For the untaxed element of the taxable component, the effective tax rate is 32% or your marginal tax rate (whichever is lower).
