You must read this if you are a business in the building and construction industry that pays contractors for building and construction services.
The Australian Taxation Office is really stepping up its activity with this new system and you will need to be ready.
To make it easier to complete the annual report you may need to change the way you currently record your contractor and accounting information.
That is where we can help you with Our Unique 5 Step process and our fixed price accounting packages tailor made for your business.
From 1 July 2012, businesses in the building and construction industry need to report the total payments they make to each contractor for building and construction services each year. You need to report these payments to the ATO on the Taxable payments annual report.
As part of the 2011-12 Federal Budget, the government announced the introduction of taxable payments reporting for businesses in the building and construction industry.
The aim of the system is to improve compliance with tax obligations by those contractors who are currently not doing the right thing.
The information reported about payments made to contractors will be used for ATO data matching to detect contractors who have not:
- lodged tax returns
- included all their income in returns that have been lodged.
From 1 July 2012 you need to report if all of the following apply:
- you are a business that is primarily in the building and construction industry
- you make payments to contractors for building and construction services
- you have an Australian business number (ABN).
You are considered to be a business that is primarily in the building and construction industry if any of the following apply:
- in the current financial year, 50% or more of your business activity relates to building and construction services
- in the current financial year, 50% or more of your business income is derived from providing building and construction services
- in the financial year immediately before the current financial year, 50% or more of your business income was derived from providing building and construction services.
Details you need to report
For each contractor, you need to report the following details each financial year:
The details you need to report will generally be contained in the invoices you receive from your contractors.
Payments you need to report
You will need to report payments you make to contractors for building and construction services.
Building and construction services include any of the activities listed below if they are performed on, or in relation to, any part of a building, structure, works, surface or sub-surface:
|
Alteration |
Improvement |
|
Assembly |
Installation |
|
Construction |
Maintenance |
|
Demolition |
Management of building and construction services |
|
Design |
Modification |
|
Destruction |
Organisation of building and construction services |
|
Dismantling |
Removal |
|
Erection |
Repair |
|
Excavation |
Site preparation |
|
Finishing |
|
For a list of occupations and work activities that qualify as building and construction services, see http://www.ato.gov.au/businesses/content.aspx?doc=/content/00313486.htm further information.
Contractors who pay other contractors for building and construction services may also be required to report if they are carrying on a business that is primarily in the building and construction
When to report
The Taxable payments annual report is due 21 July each year.
The first Taxable payments annual report is due 21 July 2013 for payments made in the 2012-13 financial year. In this first year, if you lodge your business activity statements quarterly, you may lodge by 28 July 2013.
Lodging your Taxable payments annual report
You can lodge your report online or on paper.
Online
If you use commercial software, check with your software provider that you will be able to produce the new annual report. More information about lodging your new annual report online will be available closer to the due date for lodgement of the report. You can find general information about how to lodge online by visiting the ATO online services.
Payments you do not report
Payments for materials onlyYou are not required to report on payments where the invoices are for materials only, such as building supplies and materials.
Unpaid invoices as at 30 June each year
Do not report any unpaid invoices as at 30 June each year. For example, if you receive an invoice in June 2012, but you do not pay that invoice until sometime in July 2012, you report that payment in the 2012-13 Taxable payments annual report.
Pay as you go withholding payments
You do not report payments that are required to be reported in a Pay as you go (PAYG) withholding payment summary annual report or a Pay as you go (PAYG) withholding where ABN not quoted annual report - for example, payments to:
- Employees
- workers engaged under a voluntary agreement to withhold
- workers engaged under a labour hire or on-hire arrangement
- contractors who do not quote an ABN*.
*Where an ABN is not provided, the payer must withhold under the existing pay as you go withholding arrangements. For ease of reporting, if there are instances of no-ABN withholding, details may be reported in the new Taxable payments annual report instead of the Pay as you go (PAYG) withholding where ABN not quoted annual report.
Payments for private and domestic projects
You will not need to report if you are a home owner making payments to contractors for building and construction services, for example if you are building or renovating your own home.
Information for contractors within the building and construction industry
If you are a contractor and you do not pay other contractors, then you do not need to do anything. From 1 July 2012, businesses that are primarily in the building and construction industry that pay you for building and construction services will be required to report these payments to the ATO each year. The information reported will be used for data matching to detect those contractors who may not have included all their income or lodged tax returns.
Appendix 1: Examples of building and construction services
Below is a list of occupations and work activities that satisfy the definition of building and construction services:
- Architectural work (including drafting and design)
- Asphalt and bitumen work
- Assembly, installation or erection of pre-fabricated houses
- Block laying
- Bricklaying
- Building of room components (for example, kitchens, bathroom components, laundry components, cupboards, etc)
- Cabinet making (including joinery and offsite fabrication for installation at a building site)
- Cable laying
- Communications construction
- Concreting (including formwork, pouring and finishing)
- Construction and sealing roads
- Construction management
- Decorating
- Demolition
- Distribution line construction
- Drainage work
- Dredging
- Earthworks
- Electrical machinery, heavy, installation (on-site assembly)
- Electrical work
- Electrical construction
- Elevator and escalator installation and work
- Engineering
- Equipment rental with operator (if there is no operator, it is just rental of a good and not a building and construction activity)
- Erection of frames
- Erection of scaffolding
- Excavation and grading
- Fencing
- Finishing
- Flood control system construction
- Flooring (for example, tiling, laying carpet, laying linoleum, timber flooring, floating floors, resilient flooring, slate tiles, etc)
- Foundation work
- Gas plumbing
- Glass and glazing work
- Hanging or installing doors
- Installation of fittings
- Installation of hard-wired alarm systems (security, fire, smoke, etc)
- Installation of hot water systems
- Installation of pre-fabricated components (for example, kitchens, bathroom components, laundry components, cupboards, etc)
- Installation of pre-fabricated temperature controlled structures
- Installation of septic tanks
- Installation of solar devices (for example, hot water or electricity connections)
- Installation of tanks
- Installation of window frames
- Installation of windows
- Installation or work on devices for heating and cooling
- Insulation work (walls, roofs, windows, etc)
- Internet infrastructure construction
- Irrigation system construction
- Land clearing
- Landscaping construction (including paving and design)
- Levelling sites
- Painting (internal and external surfaces, including roofs)
- Pile driving
- Pipeline construction
- Plastering (or other wall and ceiling construction)
- Plumbing work
- Preparation of site
- Project management
- Rendering (or other internal or external surface finishes)
- Retaining wall construction
- River work construction
- Roofing and guttering
- Sewage or stormwater drainage system construction
- Stonework
- Surveying
- Swimming pool installation
- Swimming pool, below ground concrete or fibreglass, construction
- Tiling (walls etc)
- Timber work
- Wallpapering
- Waterproofing interior and exterior surfaces
- Weatherboarding
Appendix 2: Examples of buildings, structures, works, surfaces or sub-surfaces
Below is a list of what the ATO consider to be buildings, structures, works, surfaces or sub-surfaces:
- Aerodrome runways
- Apartments
- Breakwaters
- Bridges
- Canals
- Commercial buildings
- Communications, internet and electrical infrastructure
- Dams
- Duplex houses
- Electricity power plants
- Elevated highway
- Flats
- Footpath, kerb and guttering
- Furnaces
- Garages
- Golf courses
- Harbour works
- High-rise flats
- Highways
- Housing buildings (including pre-fabricated housing)
- Industrial buildings
- Jetties
- Lakes
- Mine sites
- Office buildings
- Oil refineries
- Parking lots
- Pipelines
- Waterworks
- Power plants
- Railways
- Roads
- Semi-detached houses
- Sewage storage and treatment plants
- Sheds
- Sports fields
- Streets
- Television or radio transmission towers
- Tunnels
- Water tanks
