Government to push ahead with GIC deduction changes

A proposed measure to deny deductions for the general interest charge has received the green light from a Senate Committee.

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The Senate Economics Legislation Committee has recommended that a bill containing amendments to deny income tax deductions for general interest charge (GIC) and shortfall interest charge (SIC) amounts incurred by taxpayers be passed by Parliament.

Treasury Laws Amendment (Tax Incentives and Integrity) Bill 2024 was referred to the Senate Economics Legislation Committee for inquiry and report in late November, with the committee handing down its report yesterday.

In its report, the Committee said the current arrangements where taxpayers can deduct the GIC and SIC were too generous and "undermine the deterrent purpose of these charges".

"Removing the ability to deduct these charges would ensure that interest on overdue tax liabilities remains an effective deterrent and will promote accurate self-assessment and timely payment of tax liabilities," the Committee said.

The Committee said denying these deductions would encourage taxpayers to accurately self-assess and to make prompt payments of their tax liabilities when they fall due.

"The committee notes that the ATO’s debt book has grown substantially in recent years, with collectable debt increasing by 99 per cent between 2018-19 and 2023- 24 to reach $52.8 billion," it said.

"A large portion of this debt reflects amounts businesses are required to collect and remit to the ATO. Stakeholders have generally agreed the need to address this growth."

The Committee rejected proposals made by professional accounting bodies and The Tax Institute during the inquiry, such as reducing GIC and SIC rates or removing deductibility on only GIC, as they would "dilute the measure's effectiveness".

"The committee also acknowledges concerns raised by participants about the potential impact on small businesses and individuals facing cash flow challenges," it said.

"The committee however notes that the Commissioner of Taxation will retain a discretion to remit, or partially remit, GIC and SIC where, for example, taxpayers are affected by a natural disaster, sudden illness, or financial hardship.

"The committee considers this discretion to be an appropriate safeguard that complements the measure, especially in the current uncertain economic environment, and trusts this discretion will be effectively utilised by the Commissioner where appropriate."

The Tax Institute and professional bodies previously warned that proposed measures could have significant consequences for businesses and the wider economy.

"Increased financial pressure may force businesses to divert resources from critical operations such as payroll or purchasing inventory, putting their long-term viability at risk," The Tax Institute said in its submission to the inquiry.

CPA Australia said denying GIC and SIC deductions was an excessive measure given the ATO’s firm approach to debt recovery efforts.

“With interest rates as high as they are, this will disproportionately affect businesses with cash issues, particularly sole traders on the highest marginal tax rate,” said CPA Australia tax lead Jenny Wong.

“You have to question if this really is about repaying outstanding tax debt, or just a penalty on taxpayers struggling to do the right thing and meet their obligations. The impact on existing tax debt is very concerning.”

 

 

 

Miranda Brownlee
31 January 2025 
accountantsdaily.com.au

Mark Lisle

Mark Lisle

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Josh Laing

Joshua began working at Rundles in 1999 whilst still completing his Bachelor of Business (Accountancy) degree at RMIT. After graduating in 2001 he was admitted to the Institute of Chartered Accountants Australia and New Zealand in 2004. Joshua spent two years working in London before returning to Rundles in 2006.

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Brad has been a part of the Rundles Team since 1996 and became a Partner of the firm in 2014. During his time at Rundles, Brad has developed a strong relationship with his clients across a wide range of industries and is dedicated to assisting them to reach their personal and business goals.

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Peter Davison

Peter Davison

Peter graduated from RMIT with a Bachelor of Business (Accountancy) with distinction in 1976. He joined Rundles upon graduating. Peter has been a member of the Institute of Chartered Accountants since 1979 and a Fellow since 1991. As an active yachtie of many years, Peter can often be found on the water. Otherwise, he and his wife spend time with their friends and extended family.

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Sandy Gilbert

Sandy was admitted to the Institute of Chartered Accountants in 1973 and has been a Fellow since 1983. He gained extensive experience in auditing and accounting services over seven years at Pannell Kerr Forster before joining Rundles in 1973. Sandy is married with three children. A former amateur footballer of some note, Sandy is still an avid follower of the game and enjoys weekends at his country retreat.