10 Inquiries to Ask Your Lawyer Earlier than EOFY 2023

Because the monetary yr wraps up, it’s the proper alternative to step out of the day-to-day grind and set what you are promoting up for future success.

Throughout the finish of monetary yr (EOFY), the insights and steerage from a lawyer can show invaluable. They may help interpret upcoming legislative modifications, tackle compliance issues, and help with maximising returns. As we edge nearer to wrapping up FY23, listed here are 10 essential inquiries to ask your lawyer, making certain what you are promoting is well-prepared and legally resilient for the brand new monetary yr.

This month, sweeping amendments to Australia’s industrial relations panorama are being ushered in as a result of passing of the Secure Jobs, Better Pay invoice final yr. Ranging from June 6, Australian workplaces should adapt to new multi-employer bargaining guidelines, revised versatile working provisions, and modifications to pay secrecy clauses.

Key modifications it’s best to discover along with your lawyer embrace:

  • Enlargement of multi-employer bargaining: The not too long ago named cooperative workplaces bargaining stream will facilitate a number of workplaces to consolidate underneath a single settlement.
  • Modifications to the Higher Off General Check (BOOT): The BOOT, which gauges if employees will profit from higher circumstances underneath a brand new enterprise settlement in comparison with an underlying trendy award, will likely be revised for enterprise agreements made on or after June 6.
  • Versatile working preparations: Enhancements to the Honest Work Act will broaden and strengthen entry to versatile work preparations for long-term employees. You’ll be able to learn extra about these modifications in our complete information.
  • ‘Zombie’ agreements: To modernise working circumstances, ‘zombie’ agreements — outdated office agreements initiated earlier than 2010 — will mechanically terminate on December 7 this yr.
  • Pay secrecy guidelines: The Safe Jobs, Higher Pay Act will curb pay secrecy clauses that forestall workers from discussing their wages with others.

These modifications might considerably impression what you are promoting operations, making it important to seek the advice of along with your authorized counsel to grasp their implications and make sure you’re adequately ready.

2. Is now the precise time to vary enterprise buildings?

The top of the monetary yr supplies a perfect alternative to reassess what you are promoting construction. It might be the proper time to register an organization in case your present enterprise construction’s drawbacks – like larger particular person tax charges and monetary legal responsibility – outweigh its advantages.

3. What can I declare?

Because the monetary yr wraps up, it’s best to take into account maximise your deductions. There are few further incentives to contemplate earlier than 30 June:

Numerous services and products are tax-deductible, together with charges for accounting, bookkeeping, and authorized companies. You possibly can even declare a deduction for our authorized plans.

4. What does the Funds imply for my enterprise?

The not too long ago launched 2023 Federal Budget says quite a bit in regards to the Authorities’s plans for Australia’s financial restoration. Notably, the precedence is to get Australians in jobs and ease the burden on companies. Some bulletins within the Funds you would possibly need to ask your lawyer about are:

  • A $23.4 million funding in constructing resilience to cybersecurity threats for small companies
  • An estimated a million eligible small companies to have $325 deducted from their energy payments
  • Help for small enterprises to undertake synthetic intelligence applied sciences to enhance enterprise processes and enhance competitiveness
  • A lodgement penalty amnesty program for small companies with mixture turnover of lower than $10 million to encourage them to re-engage with the tax system
  • A halving of the rise in quarterly tax instalments for GST and earnings tax in 2023–24. Instalments will solely enhance by 6 per cent as a substitute of 12 per cent

5. How can I recuperate cash owed to my enterprise?

Having money owed owed to you will be irritating, particularly whenever you’re attempting to stability the books for EOFY. Your lawyer can advise on the proper course of to comply with to recuperate a debt, from issuing a letter of demand to lodging a declare in Court docket. 

6. How do I handle worker pay will increase?

The top of the monetary yr is a typical time for workers to hunt wage will increase. Seek the advice of along with your authorized crew to plan a method that can both permit you to meet their request or counsel various compensations, making certain you stay aggressive within the upcoming monetary yr.

7. What tax errors will the ATO be cracking down on this yr?

The ATO yearly discloses widespread tax errors they intend to scrutinize. Familiarize your self with these, in addition to any key modifications to tax insurance policies, to keep away from potential issues. This yr, the ATO is anticipated to focus on:

  • Correct record-keeping
  • Claims associated to work-from-home bills
  • Reporting of capital positive aspects or losses from cryptocurrency buying and selling
  • Secondary earnings or income streams (“aspect hustles”) that haven’t been reported
  • Double-dipping tax deductions

Seek the advice of along with your authorized counsel to make sure you’re compliant with all rules and decrease the chance of misunderstandings with the ATO.

8. How far forward ought to I plan?

Planning forward is at all times sensible, however you don’t need to plan to date into the long run that you may’t adapt to altering circumstances. Your lawyer can advise on how far forward it’s best to plan your budgets and account for bills reminiscent of tax, salaries and common administration.

9. What’s the easiest way to take care of my data?

Correct document protecting goes a great distance relating to EOFY. Your lawyer can present some suggestions on how your books ought to look all yr spherical, and how one can keep them.

In search of a approach to handle all your authorized paperwork in a single place? Take a look at our authorized plans to entry and handle your paperwork at any time, from any system.

10. Are there any modifications to tax legal guidelines I ought to pay attention to?

Tax legal guidelines have a tendency to vary pretty continuously, notably in mild of the pandemic. It’s price checking along with your lawyer whether or not there are any updates that can impression what you are promoting.