If credit card surcharges are banned in other countries, why not Australia?  We look at the surcharge debate and the payment system complexity that has brought us to this point.

In the United Kingdom, consumer credit and debit card surcharges have been banned since 2018. In Europe, all except American Express and Diners Club consumer surcharges are banned. And in Australia, there is a push to follow suit. But, is the issue as simple as it seems?

The push for change

The Reserve Bank of Australia (RBA) launched a review in October 2024 of Merchant Card Payment Costs and Surcharging. The review explores whether existing regulatory frameworks are still fit for purpose given the rate of technological change and complexity, and if there is a need for greater transparency – surcharges, transaction fees, and the way in which payments are regulated, are all up for review. Ultimately, the review is about reducing costs to merchants and consumers.

In general, customers dislike surcharges and would be happy to see them go – they represent a personal loss of value in much the same way a discount is seen as a personal gain. And, they have support for a ban from the large credit card providers and financial institutions with the Australian Banking Association’s (ABA) submission to the RBA review saying, “The current surcharging framework is clearly not working and requires targeted reform. Consumers should never be surcharged for bundled costs like POS systems, business software products or other business incentives.” The reference to “business incentives” is where a higher fee is charged by the payment service provider to provide the merchant with reward points and other incentives.

The push for a ban accelerated when the government announced that it would ban debit card surcharges from 1 January 2026, subject to the outcome of the RBA review later this year.

If surcharges are banned for some or all payment methods, businesses currently charging surcharges will need to either absorb the cost of merchant fees or increase prices. The issue for many businesses is not whether to charge a fee, but the costs of accepting what is now the most common payment method – cash is free to transact, cards are a facility to transact legal tender, not legal tender in and of themselves.

Small business pays 3 times more

While the average card payment fee in Australia is lower than the United States (which is close to double Australia’s rates), we pay a higher rate than in some other jurisdictions such as Europe. The RBA have flagged there might be room to improve this by capping interchange fees and/or introducing competition into how debit card payments are routed (allowing systems to default to the ‘least cost’ option available).

In Australia, it is not a level playing field when it comes to card transaction fees with a large disparity between fees paid by small and large merchants – small merchants pay around three times the average per transaction fee than larger merchants (large merchants are able to secure wholesale fees or utilise ‘strategic’ interchange rates). But even within the small business sector, fees vary dramatically with the cost of accepting card payments ranging from less than 1% to well over 2% of the transaction value.

How we use cards and digital transactions

The RBA are generally in favour of allowing surcharges, pointing out that they signal to consumers which payment methods offer better value and enable market forces to determine the dominant payment providers. And, this might be true for large purchases, but do we really notice when we’re tapping our phones or watches to grab that morning coffee?

Cards (including debit, prepaid, credit and charge cards) are the most frequently used payment method in Australia, accounting for three-quarters of all consumer payments in 2022.

According to the Australian Banking Association:

  • Contactless payments now account for 95% of in-person card transactions, compared to less than 8% in 2010.
  • Online payments, as a share of retail payments, have grown from 7% in 2010 to 18% in 2022.
  • Mobile wallet (Apple Pay, Google Pay, etc.,) usage has grown from 1% of point-of-sale payments in 2016 to 44% in October 2024.
  • Buy Now, Pay Later (BNPL) services, virtually unknown 8 years ago, are now used by nearly a third of Australians.

When are surcharges allowed

In the days before the RBA’s surcharge standard, it was not uncommon for businesses to apply a flat 3% surcharge.

The surcharge rules enable merchants to surcharge consumers for the “reasonable cost of accepting card payments”.

This means:

  • A business can only charge a surcharge for paying by card/digital wallet, but the surcharge must not be more than what it costs the business to use that payment type. These costs, measured over a 12 month period, can include gateway costs, terminal costs paid to a provider, and fraud prevention etc., if they relate directly to the card type being surcharged.
    • Payment suppliers must provide merchants with a statement at least every 12 months that includes the business’s average percentage cost of accepting each payment type.
  • If a business charges a payment surcharge, it must be able to justify how the surcharge fee was calculated.
  • If the surcharge applies to all payment types regardless of type, it must not be more than the lowest surcharge set for a single payment type.
  • If there is no way for a customer to pay without incurring a surcharge, the business must include the surcharge in the displayed price. That is, if your customer cannot use cash or another payment method that does not incur a surcharge, then the price displayed must include the surcharge.

The RBA estimates that, on average, card fees cost:

Card type

Fee

Eftpos

less than 0.5%

Visa and Mastercard debit

between 0.5% and 1%

Visa and Mastercard credit

between 1% and 1.5%.

Source: RBA

Excessive surcharging is banned on eftpos, Debit Mastercard, Mastercard Credit, Visa Debit and Visa Credit. The Australian Competition and Consumer Commission (ACCC) reportedly stated that excessive surcharge complaints increased to close to 2,500 in the 18 months from the start of 2023.

Tax on surcharges

If your business charges goods and services tax (GST) on goods or services, then GST should also apply to any surcharge payments made. 

It’s a risky business being in business for yourself, so knowing how to identify and manage risk is an important part of running a thriving business.

Anything that impedes a company’s ability to achieve its financial goals is considered a risk, and there are many issues that have the potential to derail a successful business. Some of these can ruin a business, while others can cause serious damage that is difficult to recover from.

However, taking risks is an essential part of growing a business – it’s how you thrive and expand. The key to achieving the rewards that come with risk and avoiding the devastation that can occur, is identifying and actively managing your business risk.

Assessing your tolerance for risk

The first step is to think about what level of risk you are comfortable with. A range of factors influence your appetite for risk including your individual circumstances, financial resources, specific industry dynamics, economic conditions, and business goals.

It’s important to acknowledge the relationship between risk and reward. High-risk activities may provide the potential for significant returns when you are going for growth but are also associated with greater uncertainty and the potential for larger losses.

Not all risk is equal

Some types of risk are best managed through insurance while others can be managed through thoughtful decision making and risk mitigation.

Risk taking is often associated with innovation and entrepreneurship and there are countless examples of reckless business behaviour that paid off and as many examples that did not pay off. To expand, evolve and stay relevant in a changing marketplace, businesses may need to take calculated risks. This can encompass the development of new services or targeting a different client base, employing staff, developing new products, the adoption of emerging technologies, or exploring new markets.

Taking calculated risks involves some planning – conducting research, gathering supporting data and considering possible outcomes before making a decision. Informed, calculated decisions have a greater chance of success and doing your homework is a great way to mitigate risk in business.

Managing business risk

There are many ways to manage business risk, depending on the type of risk. Threats come in many shapes and forms and can include strategic, compliance, operational, environmental, and reputational, but one of the most fundamental risks is that of the business no longer being financially viable. All the above can impact a businesses’ bottom line so when considering your strategies, it’s a good idea to identify the risks that could affect your business’s ability to meet its financial obligations.

Setting up and maintaining a cash reserve is critical for small businesses, particularly ones with narrow margins. Half of all small businesses hold a cash buffer of less than one month which may not be adequate. A cash reserve is a great risk mitigation strategy as it can help you get back on your feet when faced with an adverse event.

Keep an eye on cashflow

Growing a business can put pressure on cashflow, and managing your cashflow is a powerful way of managing your business risk.

If you have not already done so, creating, and maintaining a cash flow forecast helps you anticipate and cash shortages. Monitoring your cash flow over time gives you visibility of your financial situation and an understanding of any seasonal ebbs and flows.

Some things you can do to manage your cashflow include being responsive with invoicing and chasing overdue payments. Negotiate payment terms that support your cashflow requirements and consider offering incentives for early payments or penalties for overdue invoices.

For many businesses, one of the leading causes of cash flow shortfalls is overstocking, which increases the amount of cash you have locked up in your stock. Effective inventory management and working with suppliers to reduce lead times can assist with cashflow.

We can help you develop solid cash flow management and provide expert advice to make growing your business less of a risky proposition.

Starting 13 November 2024, the Australian Government’s Digital ID app, myGovID, will be renamed myID.  The app will feature a new look and branding, aimed at minimising confusion with the myGov platform and enhancing user experience across government digital services. 

What To Expect: 

  • Same login details – You will continue using your existing email, password and identity strength settings without any need to set up a new account.
  • Access to services – You can still securely access government services as usual. If the app hasn’t updated automatically, you can update it via the  App Store or Google Play. 
  • Dual branding – As myGovID transitions to myID you might see both logos, but this won’t impact your access or the security of your Digital ID. 

Protect Yourself Against Scams: 

As myGovID becomes myID, it is important to remain vigilant against scams during this transition. 

To protect yourself, follow these tips: 

  • Don’t click on suspicious links: Avoid clicking on suspicious links or downloading files from unknown sources. The Australian Taxation Office (ATO) will never ask you to confirm your details via a link or SMS. 
  • Download from official sources only: The myID app should only be downloaded from trusted platforms like the App Store and Google Play. 
  • Use direct access: Access ATO services by typing “ato.gov.au” directly into your browser rather than clicking on links in messages.
Always be cautious, keep your personal information secure and reach out to official ATO channels if you have any concerns. 

For more information, we encourage you to contact your agent to discuss.

Starting November 13th 2023, all types of businesses with an Australian Business Number (ABN) must use the client-to-agent linking nomination process to make any of the following changes:

  1. Engage a new registered Tax or BAS agent, or payroll service provider to represent them.
  2. Adjust the authorizations you grant to an existing registered agent.

       Please Note: If your current arrangements remain unchanged, no action is required.

This new requirement does not currently apply to individual taxpayers or sole traders.

Only after completing the client-to-agent linking process will your registered agent be able to connect with you as their client.


Why the change? 

To help protect you from fraud and identify-related theft, the Australian Taxation Office are enhancing security to help ensure only your authorised tax agent, BAS agent or payroll service provider can access your information and act on your behalf for your tax and super affairs.


How to nominate an agent?

To securely nominate your chosen registered agent, you must follow these steps in Online Services for business. If you have not set up access to Online Services for business, you must do these 3 steps first:

  1. Set up your Digital Identify (myGovID)
  2. Link your myGovID to your ABN
  3. Authorise others to act on your behalf in Relationship Authorisation Manager (RAM)

Once you are set up, you can complete the nomination in Online Services by following these steps:

  1. Login to Online Services for Business, where the Agent Nomination feature is available.
  2. Nominate your authorised agent by providing the required information.

            a) Use the registered agent number (RAN) and practice name supplied to you to accurately identify your chosen agent.

            b) Submit the declaration.

       3. Notify your agent that you have completed the process, after which the agent has 7 days to action the nomination before it expires.

For detailed instructions on each of these steps, please refer to the ATO Website here  https://www.ato.gov.au/Tax-professionals/Digital-services/In-detail/Client-agent-linking-steps/

Notifying your agent

Once you have completed the nomination process, it is vital to inform your chosen agent as they will not receive a notification. The nomination is active for 7 days and must be actioned before the expiry.

Extending a nomination

If the agent nominated needs additional time to add you as a client, you can use the Extend feature which will become available on the next calendar day after submitting a nomination. It will remain available for 7 days, then it will expire.

To extend a nomination:

  • from agent nomination, select extend
  • at the extend agent nomination screen, check the details of the agent are correct
  • complete the declaration and select submit

If a nomination has expired, you will not be able to extend it. You’ll need to resubmit a new nomination.


For more information, we encourage you to contact your agent to discuss.

How to sign documents electronically via Annature? 

Where you have agreed to receive documents from Quill Group that require your electronic signature, we will now send these via Annature.

These steps will take you through the new electronic signing process and what to expect.

Step 1:

You will receive an email from Quill Group with your documents to sign. Click on review documents to open the envelope.

Email Message

Step 2:

A new window will open, requiring a two-factor authentication with either your mobile number or a password to be entered before you are given access to view the documents and sign.

In this example, an authentication code is sent using a mobile number. Click on send code to receive the 6-digit authentication code on your mobile device.

If you are required to enter a password, we will advise you of these details to ensure the password is entered in the correct format.

Authentication Code RequiredAuthentication Code On Mobile

Step 3:

Click on review documents and Annature will guide you through the sections you need to review and sign.

Review Document

Step 4:

You will then click to begin which will bring up the documents and you can scroll through to find the first position where your signature is required.

Click To Begin Signing

Step 5:

Simply click on a sign here tab which will open a pop-up window where you will be asked to adopt an e-signature. You can choose a signature from the list, draw or upload a signature you wish.

To complete this, click on adopt signature.

Adopt Signature

Step 6:

You will need to click to continue to finish all sections of the document.

Click To Continue

Step 7:

Once all sections are signed, click finish signing. By clicking this you will be notified in a pop-up that you have finished.

Click Here To FinishYou're Finished

Step 8:

Once all recipients have signed, you will receive a confirmation email titled envelope complete with your executed documents and certificate of completion for your records enclosed.

Envelope Finished

Step 9:

Click on view documents which will open a pop-up window, then go to actions in the top right-hand corner and click download documents. 

Download Documents

Step 10:

Select the files you would like to download and click download. 

Download Options

If you have any further queries in relation to this or require our assistance with the electronic signing process, please feel free to contact our friendly team.

In March this year, a new category of domain name was made available to Australian businesses.

Instead of ending with .com.au, .net.au, asn.au, you can now also register .au related to your existing URLs.

Up until September 21, Australian businesses can register ‘xxx.au’ domains for existing .com.au domain names. Thereafter, anyone else can register the new, shorter URLs. This means competitors, or URL ‘campers’ or cybercriminals can register a domain name that’s very similar and possibly, mistakable for your own.

In order to protect URLs related to your existing .com.au domains, the Australian Small Business and Family Enterprise Ombudsman, Bruce Billson has urged small business to take urgent action by the September deadline to safeguard their identity.

“The consequences of not registering your existing business name by this deadline could be catastrophic for a business if a rival or someone else took their online name,” Billson warned.

“I implore all small business owners to take a few minutes to work out if they want the shortened .au domain or will be unhappy for someone else to have it,” Billson said.

“If you want it, small business owners, I urge you to take a few minutes and few dollars to register it or potentially face someone else grabbing it and using it to digitally ambush your business, to demand big dollars later to surrender it to you, or misuse it to masquerade as you or to help them engage in cyber-crime.”

The .au Domain Administration (auDA) is a non-government regulator, and recently rejected Billson’s letter requesting an extension to the deadline.

The following summary will hopefully shed some insights on why we are seeing such an extreme level of market volatility across all levels of investment at present.

Falling stock and bond markets, along with the rising volatility which has gripped global markets since the start of the year, has intensified in recent days. Last week’s announcement of annual US inflation of 8.6%, the highest in 40 years, was the primary cause.

The chart below illustrates both the recent increase of CPI as well as the composition of contributions to US inflation.

Picture1

Sourced : June 2022

Energy, food, and services have all contributed to the rise in US inflation. Reduced supply and increasing demand factors are pushing prices higher. Regarding energy, there has been significant supply constraints due to the conflict in Ukraine along with greater demand as the US holiday driving season ramps up. Food prices have also been affected by the costs of production (increased fertiliser costs) and transportation. Services costs have risen as demand increases as the economy reopens and consumers recommence travel and other related activities. In the last three months alone, airfares have risen 48%.

US Federal Reserve (Fed)

In response to the rising inflation the central bank, the Fed, has made it clear that they seek to return inflation to its target of 2% p.a. The Fed is also aware that if inflation continues to rise, workers will likely seek additional wage rises to compensate for the higher costs of living. The danger then becomes a wage price spiral. If wages increase too quickly then the producers of goods and services raise their prices to maintain their profit margin, which then feeds into further wage rises. This potentially results in higher inflation becoming entrenched.

The Fed has just made the decision to raise rates by a further 75 basis points or 0.75%

Reserve Bank of Australia (RBA)

At its June meeting the Australian central bank, The RBA, also responded to higher-than-expected domestic inflation, with an increase of 0.5% in the official cash rate target. It was the largest upward move since February 2000.  This brings the cash rate target to 0.85%. In its statement following the decision, the RBA also called out rising power and petrol prices, as contributing to inflation from the previous month.

Both the Fed and RBA, along with other central banks, have made it clear that they will continue to raise rates to tame inflation and bring it down to the targets they have set.

Market Reaction

Following these central bank’s statements, markets are increasingly concerned that the rate hikes required to tame inflation could depress economic growth, resulting in a recession. One indicator that has preceded recessions in the past is an inverted yield curve. This simply means that longer term interest rates fall below shorter term rates. This is illustrated by the blue line in the chart below, where the current 2-year government bond rate is above the 10-year rate. Historically, an inverted yield curve has been a good, albeit not infallible predictor of a recession 12-18 months later.

Picture2

Sourced : http://www.worldgovernmentbonds.com (June 2022)

International Equities

Markets that were already under stress prior to last week’s inflation rate, responded quickly and sold down further as the market reassessed company’s future earnings prospects in a higher inflation, higher interest rate environment. The following charts show both the Nasdaq and S&P 500, over 1 week and 6 months, with their corresponding drawdown.

S&P 500 – 1 week (to 14 June 2022)

Picture3

S&P 500 – 6 months (to 14 June 2022)

Picture4

Sourced : http://www.tradingeconomics.com (June 2022)

Falls in recent days have seen the S&P 500 move officially into a “bear market” (market falls of 20% or more). The NASDAQ, which comprises predominantly “growth” stocks, has been particularly hard-hit.  The main reason for this is that growth stocks are expected to deliver a higher proportion of future cashflows in the distant future and are therefore more sensitive to interest rate rises. The future cash flows are worth less in today’s terms as interest rates (discount rates) increase.

Australian Equities

Both global markets and domestic factors influence the Australian stock market. Whilst earlier in the year the market fared relatively better to its overseas counterparts, market sentiment began to change following the April RBA meeting. At this meeting, the RBA began to suggest that rates may have to move higher as inflationary pressures were building. These market concerns were realised in the May meeting, when the official cash rate rose by a quarter of a percent, and then in June with the half a percentage rise.

The following charts show the ASX 200, over 1 week and 6 months, with their corresponding drawdown. The one-week drawdown was compounded by the US market falls. Overall, the market has fallen around 12.5% from its peak 6 months ago.

ASX 200 – 1 week (to 14 June 2022)

Picture5

ASX 200 – 6 months (to 14 June 2022)

Picture6

Sourced : http://www.tradingeconomics.com (June 2022)

Fixed Income

Fixed income markets have also responded to rising inflation and interest rates. If yields rise rapidly (responding to higher interest rates), the value of a fixed interest investment falls. This is because the fixed yield on an existing investment, is now lower on a relative basis, and therefore considered less attractive, than a new investment which attracts a higher yield.

Australian and US yields have surged in 2022, with both 10-year Government Bond rates rising to well over 3%. In Australia the Ausbond Composite Index, which is the most common measure of the Australian Fixed Interest market, is down approximately 10.8% from the start of the year to 10 June, whilst the global equivalent, the Bloomberg Global Aggregate (AUD Hedged), is down approximately 11.5% from the start of the year until 10 June 2022. These are the largest corrections seen in this asset class in the last 40 years and eclipses the 1994 bond market sell-off.

The following charts illustrate the rise in Australian and US yields over the past year, and the drawdown in the Ausbond Composite Index since 1990.

US 10 Year Yield (1 Year) 

Picture7

Australian 10 Year Yield (1 Year) 
  Picture8
Sourced: http://www.tradingeconomics.com (June 2022)

Outlook

We appreciate that the current environment looks concerning given falls in markets and likely further interest rate rises. There have also been reports comparing the current period to previous episodes of rising inflation and interest rates. It is worth examining two previous periods of rising inflation and interest rates. These two periods are the 1970’s through to the early 1980’s, and 1994. Whilst it is difficult to make direct comparisons as the global economy and markets have evolved since these periods, it is still worthwhile to identify similarities and differences which can assist in thinking about the market outlook.

In the 1970’s, economies were impacted by oil price shocks, causing inflation to surge. Geopolitical issues in the 1970’s were mainly responsible. As a result, central banks at the time were much more strident in taming inflation, and rates moved well into the double digits. In the US interest rates reached 20% by late 1980. This resulted in the recession of 1981-1982, and US unemployment reached nearly 11% in late 1982. However, economies were much more rigid at that time and the rising inflation resulted in significant wage rises becoming much more entrenched. This is not the case today. As labour markets have become more flexible in recent decades the likelihood of wages increasing at the same rate is diminished.

The Fed also embarked on a series of interest rate increases primarily to ward off inflation in 1994. However, there are a few key differences with now. In 1994, whilst inflation was rising, it had not risen to the current levels. Policymakers, however, fretted that a strong economy would translate into much higher inflation. The Fed doubled interest rates over a 12-month period to 6% – at one point executing a three quarters of a percent hike. The speed and degree of the rate rises took markets by surprise and resulted in significant drawdown in fixed income markets.

Current economic conditions today are more sensitive to interest rate movements, given higher indebted levels, an ageing demographic, slower population growth, and lower economic growth. Central banks are aware of these conditions and as a result, whilst seeking to reduce inflation, will also likely be conscious of the market impacts.

Importantly, we do see inflation likely moderating over the next 12 months. A range of factors particularly around supply side constraints such as ongoing Covid impacts particularly in China and energy prices have been key drivers in the current inflation numbers. We expect these constraints to ease in coming months. This in turn would likely improve the outlook for rates, bond markets, and equities.

In addition to Geopolitical factors listed above, we see that the current inflation environment has been largely caused by massive increases in the money supply just after the Covid crisis. Two and a half years later, the lagged impacts of those money supply increases are showing up in rising prices for goods, services, real assets and commodities.

As the Covid crisis unfolded and the world controlled the situation, the growth rate in money supply was drastically reduced. This may mean that large increases in inflation this year may be followed by a moderation in prices in 2023 and beyond, as the lagged effect of those subsequent money supply decreases flow through next year.

What to do?

The volatility that we have seen over the last six months, while significant, is not an unusual occurrence for a normal and healthy functioning market. Despite being an uncomfortable experience in the short term, equity markets will continue to be an important contributor to overall long-term returns.

It is important to continue to stay invested and manage your portfolio in line with your long-term objectives, aligned to your risk tolerance. We would encourage investors to discuss their portfolio with their adviser to ensure that it meets their personal needs, objectives and is in line with their risk tolerance.

One of the important lessons in investing is that time in the market, is more important than timing the market. The following chart demonstrates that whilst short term movements in markets (in this case the ASX 200) can be extremely volatile (as we have witnessed in the past 6 months), investing for the longer term (the blue line) provides a much more stable outcome.  As we continue working through this period of heightened volatility, keeping the longer-term in mind remains important.

Picture9

Market commentary

Below is a summary and highlights from the movements this quarter and major changes to some of the key asset areas:

Australian equities

The Australian equity market (as measured by the S&P/ASX 200 TR) bounced back from a sluggish start to the quarter, to return (+2.75%) for the month of December and end the year on a positive note. The December quarter returned (+2.09%) to round out what was a tumultuous 2021 for equity markets. The calendar year returned a pleasing (+17.23%). Despite the growing fears of ongoing coronavirus and inflation concerns, the Australian market showed great resilience post the hard slog of 2020 as the market continued to focus on company fundamentals and assisted greatly by easing lockdowns in most states.

The strongest sector returns for the quarter were Materials (+12.7%), assisted by strong performance within metals & mining sub-sectors, Utilities (+11.4%) and Real Estate (+9.3%). Laggards included the Energy sector (-8.8%), which gave back the previous quarter gains, Information Technology (-6.1%) and Financials (-2.2%). Performance across the smaller-mid size market cap spectrum (company size) broadly followed the same path across the quarter, Mid-caps (+3.9%) and Small-companies (+2.0%).  And despite lagging Growth by 4% in the final quarter, Value completed its first year of outperformance in five and only its second year of outperformance in the past decade. The S&P/ASX Value Index (+20.9%) versus the S&P/ASX Growth Index (+13.3%)

International equities

Off the back of strong US earnings and signs of economic stabilisation in China, Global equity markets rallied in October and continued to post solid monthly gains despite increasing concerns over rising inflation, more hawkish central banks views and statements (commencement of asset tapering in 2022), and concerns over the new Omicron variant.  However, although equity volatility saw a dramatic spike in November as a result of the new variant, markets quickly recovered and by the year-end these concerns had largely subsided, whilst US data continued to indicate its economy overall remained stable and corporate earnings were robust; S&P500 (+36.0%) and NASDAQ (+29.7%) providing confirmation of a strong US led recovery. The broader global equity market (MSCI World NR AUD) returned (+7.1%) for the quarter, ending a strong calendar year (+29.3%). The index has now returned ten-years of positive-growth having last seen a negative year in 2011. The index has outperformed the S&P/ASX 200 TR index by an average of (+6.2%) – unhedged – over this period.

Unhedged indices outperformed their hedged equivalents as the Australian Dollar depreciated relative to the US Dollar over the quarter and year driven mainly to a sharp fall in the iron-ore price.

Emerging Markets (MSCI EM Index AUD) unfortunately continue to lag (-1.9%) as Chinese equities significantly underperformed global equities contributing approximately 25% of the underperformance of emerging market equities versus developed markets. Coupled with extreme inflationary pressures in Turkey, political upheaval in Chile and geopolitical tensions between Russia and the West, EM (+3.4%) for 2021, continues to be under pressure. Pockets of EM do however continue to provide some relief. Geopolitical uncertainty and continuing concerns over potential monetary policy tightening continue to remain major potential headwinds as does the prospect of higher US rates.  Europe (STOXX Europe 600 index) returned (+4.9%) for the quarter (+23.2%) for the year, with strong corporate earnings being the main catalyst; Asian markets (MSCI AC Asia Ex Japan) continues to struggle (-1.9%) for the quarter as broader markets sold off due to the emergence of Omicron and potential reinstatement of restrictions. The long-term growth and investment outlook for emerging markets however still looks compelling on a relative basis.

Property & Infrastructure

The Australian listed property sector (S&P/ASX 200 A-REIT) performed strongly, returning (+10.1%) for the quarter. The reopening trade now seems to be fully priced in although performance divergence across sub-sectors remains as repercussions of the pandemic and government responses are still being primarily felt in the hotel, office, and retail sectors. Performance across niche sectors such healthcare, childcare, self-storage, and logistics continue to perform strongly. The Domestic sector however continued to underperform its global counterpart, given the greater availability of these niche sectors offshore and a falling Australian dollar.

Global listed property also performed very strongly with (unhedged) returns (+11.7%) and hedged returns (+9.2%), with the former benefiting from a falling Australian dollar. M&A also continues to be rampant globally adding to further price appreciation and opportunity.

Global listed infrastructure (unhedged) returned (+7.1%) for the quarter versus currency hedged returns (+7.5%). The sector bounced back aggressively form the disasters of 2021 to record their highest yearly returns for over a decade. No doubt assisted by the bipartisan US infrastructure bill, the realisation globally that significant infrastructure spend is coming, and with cashed up pension and private equity vehicles chasing a dearth of available infrastructure assets available for sale.

Bonds and Cash

Central banks globally, including the RBA continue to remain accommodative in support of markets although fears of an overshoot in inflation gathered further momentum as rhetoric turned hawkish. Talk of an accelerated tapering process and fear of the Omicron variant did result in at times extreme volatility (U.S. yields traded between 1.7% and 1.4%), however yields on 10-year treasuries, both domestically and globally did not appreciate to the extent as most thought from the close of the previous quarter. The 10-year Australian Treasury yield increased from 1.488% to 1.631% whilst the 10-year US Treasury yield barely moved, increasing only 2 basis points from 1.487% to 1.512%. UK 10-year yield fell from 1.02% to 0.97% whilst German 10-year yields remain in negative territory, -0.17% to -0.19%.  Shorter dated bond yields did however increase substantially on a relative basis indicating increased short to medium-term inflationary and pricing pressures. For the quarter, Australian bonds (Bloomberg AusBond Govn 0+Yr) returned (-1.44%) whilst global bonds (BBgBarc Global Aggregate TR Hedged) returned a flat (+0.03%). Investment grade corporate bonds lagged Government bonds for the quarter whilst higher yielding bonds continue to remain well supported (spread contraction resulting in rising prices) as the hunt for yield continues in earnest. Cash yields remained untouched as the RBA left the official rate at 0.10% throughout the quarter.

Quarter in review

The December quarter was definitely an interesting one with virus fears subsiding and then re-escalating again, Chinese economic growth showing some signs of improvement, and growing fears of the impacts of rising inflation globally, particularly on investment markets, as central banks considered their next steps.

Inflation appears to be a particular problem for the US, the UK, and some emerging market countries, whilst being less of a concern for Europe, Japan, China, and Australia to a lesser extent. For now, anyway. However, US inflationary concerns and the likely US central bank reaction function primarily drove markets in the quarter with expectations rising that the bank may have to end their money printing efforts early which would kick off the earlier than forecast rate rise cycle, with calls from market participants for 4-5 rates rises versus the previously expected 2-3 rate rises for 2022.

Whilst its clear investors were fixated on the evolving inflation narrative in the quarter there were also ongoing concerns regarding the health of China’s economy, rising oil prices, and rising geopolitical tensions including Russia / Ukraine (involving the US and Europe) and China / Taiwan.

Covid restrictions appeared to ease in the quarter both locally and globally, but fears rose again as the new variant appeared to be significantly more transmissible. This impacted supply chains and the availability of labour yet again, with consumption patterns also appeared to have changed at the back end of the quarter. Governments locally and globally appeared to be more calm and less inclined to rush towards increased restrictions which helped settle investor concerns. Time will tell if this remains the case.

Looking Forward

Overall, our outlook remains positive in that:

  1. there is plenty of stimulus still in the system
  2. there remains relatively high household savings, further supported by rising wealth, meaning pent-up consumption
  3. corporate balance sheets are in good shape
  4. broad re-opening should see a swift pick-up in the services part of the economy (and subsequently less goods demanded)
  5. rates of return on defensive assets are still too low, which could further support growth asset flows

However, risks remain, and these are fairly sizable risks with the potential to unravel in a fairly messy fashion, including covid policy responses, the inflationary threat, and the weakened Chinese economy, with a watchful over geopolitical risks and election cycles.

Asset price returns and volatility in 2022 will be largely dependent on how and when these risks are resolved. As such, we expect a bumpier ride for markets in 2022, with asset selection likely to be key. Corporates and households appear in good shape, but how long they remain in good shape will largely depend on how quickly governments and central banks exit their emergency policy paths.

Article Contents

How to set up a company in Australia

The following steps outline how to set up a company. This can be complicated, and you should seek advice from an accountant who will explain the intricacies and help you decide what is best for you.

1. Decide on a name for the Company

The company name can be anything you want, however it can’t be the same or similar to another registered company or business name. There is a Name Availability tool on ASIC’s website which you can use to check for availability. If it is similar to another company name or business name, it may require manual processing with ASIC upon submitting the relevant forms. The company name must include the liability of its members at the end of the name which means appending ‘Pty Ltd’ in most cases. For further information on company names, you can visit ASIC’s website.

2. Decide on the Officers, Members and Location of the Company

There are a few different roles which are required to be filled within a company as per the Corporations Act 2001. The roles most people would be familiar with are directors and shareholders so let’s start there. To put it simply, directors are responsible for running the company and shareholders are the legal owners of the company. Directors can also be shareholders of the company and vice versa.

The other two roles which aren’t as well known are the company secretary and the public officer. These are statutory roles and simply speaking, the secretary is responsible for ensuring proper governance and corporate compliance of the company and the public office is the representative of the company to the Australia Tax Office.

Finally, you will need to decide on where the company is going to be located. There are to locations you will need to specify. The first is a Registered Office, which is the statutory address for the company where all documentation and communication related to the company is sent. It is also where notices for the company will be served and is required to be open during office hours. This is most commonly your Tax Agent. The second is the principal place of business which is reasonably self-explanatory, however is the place where decisions are made, and the books of the company are maintained.

Further explanations of these concepts can be found below in the Company Definitions section.

3. Draft Company Constitution

Once you have all the key stakeholders of the business worked out, the next step is to draft a company constitution. This can be done by a solicitor who specialises in corporate law.

Many accountants do provide a service to be able to set up companies however they do not draft the constitution themselves, instead outsource it to a legal document provider (i.e. use a legal template).

4. Lodge ASIC Form 201

As companies in Australia are regulated by ASIC, to be able to establish a company, you need to lodge a Form 201 with them. This can be done yourself using the Business Registration Service, which is a tool provided by the government, however we recommend doing this through an accountant to ensure it is done correctly. Once you lodge a form with ASIC, it can be time consuming and costly to make any changes.

5 .Apply for Director Identification Number

Directors of Australian companies are now required to apply for a Director Identification number. A director ID is a unique identifier that will be kept indefinitely and applied across companies. You will need to apply for your Director ID yourself.

From now until 5 April 2022, you will have 28 days to obtain your director ID after a company has been established. After 5 April 2022, you will need to obtain this before your company can be set up. If you do not obtain your Director ID within this timeframe, ASIC will impose hefty penalties and fines.

The fastest way to receive your director ID is to apply online through the Australian Business Registry Services (ABRS). How to apply online

To complete your online application, you will need:

  • A standard or strong identity strength myGovID. If you don’t have one, please visit How to Set up myGov ID.
  • An individual Australian tax file number (TFN). Providing your TFN is optional but it will speed up the process.
  • Your residential address, as recorded by the Australian Taxation Office (ATO).
  • Answers to two questions based on details we know about you from the following documents:
    – Bank Account Details
    – Notice of Assessment
    – Dividend Statement
    – Centrelink Payment Summary
    – PAYG Payment Summary

There are also options to apply for a Director ID application via phone and paper – Application Options.

6. Apply for the ABN and TFN

Once the company has been set up, ASIC will issue an Australian Company Number (ACN). If you plan on carrying on a business in the company, you will need to apply for an Australian Business Number (ABN) as well as a Tax File Number (TFN).

These applications are completed online via the Australian Business Register (ABR) and typically completed by an accountant. If all correct details of the officers and shareholders are provided, the ABN should be issued instantly with the TFN shortly after.

It can however take up to 28 days for the ABR to issue the ABN for a company if they need to undertake any manual checks of the details provided as part of the registration.

7. Open a company bank account

Now that the company is setup and it has all of its registrations, you can now setup a bank account. The name of the bank account should be in the name of the company (e.g. Example Company Pty Ltd).

To setup a bank account for a company, most banks will require the following documents:

  • Signed copy of the Company Constitution
  • ASIC Extract (to verify current officeholders and shareholders)
  • Certificate of Incorporation

In addition to the documents above, you should have handy the ABN and TFN which they may require. Also, don’t leave the documents with the bank! They should be able to take copies before you leave.

One final tip, if you are setting up a bank account for your company to carry on a business, it is important to partner with the right bank. Things to consider are whether provide commercial lending facilities, do they provide a merchant facility and do they provide data feeds to online accounting software like Xero?

What is a company?

A company is a unique structure which for statutory purposes imitates the characteristics of a natural person. It is a completely separate legal entity from its owners and means that it can raise debt, sue and be sued. A company can derive an income, hold assets, raise debt, pays tax, carries on a business and a lot more. Companies are managed by officers which are called directors and secretaries.

Company definitions

Term Definition

Director

In short, directors are responsible for the oversight of the company. As a director of a company, you must be across all the company’s affairs including its finances, operations, and contractual obligations to name a few.

Secretary

The person nominated to be the secretary of a company is responsible for corporate compliance. This includes but is not limited to ensuring business discussed in directors’ meetings or board meetings is accurately recorded in the form of minutes, ensuring meetings are conducted in accordance with the Company’s Constitution, preparation and circulation of reports for the meetings and reporting to ASIC any changes to the company.

Public Officer

The Public Officer of a company is the nominated representative to the Australian Tax Office and is responsible for ensuring the company meets it obligations under the Income Tax Assessment Act. While it is not mandatory to appoint a Public Officer upon establishment of a company, a person does need to be appointed within 3 months of the company deriving income or carrying on a business.

Shareholder

A shareholder is a person or an entity which owns shares in a company. Shareholders are entitled to profits of the company and have voting rights on specific decisions outlined in the Company’s Constitution. It is important to note that there can be different types of share classes which a shareholder can hold which entitle them to different things, however for the purpose of this blog, we will assume all shareholders are equal. The most common kind of shares are Ordinary shares.

Registered Office

All companies must have a Registered Office which is the address of where you wish for official documents, communications, or notices to the company to be delivered. This does not have to be where the principal place of business takes place, this is nominated separately. It can’t be a PO Box and is required to be an address in Australia. It is common for the Registered Office to be your accountant’s office as it is required to be open to the public during specified hours.

Principal Place of Business

The principal place of business is as the name suggests, there is really nothing more complicated to it than that. If you have multiple places of business, it should be where most of the business is conducted, company’s financials are maintained, and decisions are made.

Company advantages and disadvantages

Company advantages

Company disadvantages

Lower Tax RatesThe tax rate for companies, either 25% or 30% depending on the source of income, is lower than the highest individual marginal tax rate of 45% plus 2% Medicare levy. Directors LiabilitiesThe directors of companies can be held liable for the company’s debts. Depending on the circumstances, the directors of a company can be liable to pay losses suffered by the company, unpaid superannuation, tax and pay as you go withholding.
Limited Liability for ShareholdersThe liability of shareholders within a company is limited to the amount of capital the shareholder has put it. Shareholders do need to be careful that they only act in their capacity as a shareholder and they don’t cross the line of directors duties as the courts to have the ability to deem shareholders as a shadow director if they are carrying out the same roles and responsibilities as a director. Public accessible recordsAs companies are regulated by ASIC, the details of the company are available on a public register. This register is administered by ASIC and any changes you wish to make need to be submitted to ASIC.
Raise capital or debtCompanies can both raise capital and also raise debt. Companies can raise capital through the issue of new shares in the company. They can also source debt from lending institutions in their own right. Upfront and ongoing costsThe costs involved in setting up a company can be expensive. The company is also required to pay an annual review fee to ASIC ($276 in FY2022). Depending on the assets held by the company and the activity the company participates in, the cost of administering the company can be expensive as well.
Retain Profits One of the main differences of companies to many other entity structures is that they have the ability for the profits to be retained within the company. Other entity structures require all of the profits to be paid out in the year they are made otherwise tax on the income can potentially be assessed at the highest marginal rate. This can be an effective tax planning tool. Flexibility of distributionsThe ownership of a company is determined by who its shareholders are. In its simplest form, the profits paid out of the company, in the form of dividends, needs to be paid out in proportion to each shareholders percentage. For example, if you owner 50% of the shares in a company, you are entitled to receive 50% of the dividends declared. It is important to note that share structures can be more complicated where there are different classes of shares which can have different rights and entitlements.
Ease of ownership transferIt can sometimes be easier and cheaper to transfer the ownership of assets by transferring/selling shares. One of the major cost benefits is the sale of shares generally does not attract either transfer duty (stamp duty) or Goods & Services Tax. Entity nameCompanies are all recorded on a register administered by ASIC who ensure that there are no two companies with the same name. This can also cause delays upon the establishment of a company if the name is similar to another company. The reason for this is it will be flagged for manual review by ASIC and can take a number of hours.

For example, as of July 2021, the costs to set up a company from Quill Group is $1,712 (Inc GST) which includes the following:

How much does it cost to set up a company?

The costs involved to set up a company include:

  • Legal and taxation advice on the best structure for your situation
  • Drafting of the constitution
  • Preparation and lodgement of the ABN and TFN applications
  • Setting up a bank account
  • ASIC incorporate fee
  • Preparation of Company Constitution (through our legal document provider)
  • ASIC incorporation fee which is currently $512, which indexes annually
    Preparation and lodgement of ABN TFN applications

Please also note that the above fees are purely for the establishment of the company – it does not include any legal, accounting or taxation advice.

Frequently Asked Questions FAQs

Who can set up a company?

As we have discussed above, there are a few different elements to establishing a company. A corporate solicitor is best placed to assist with the drafting of a constitution and an accountant is best placed to assist with the facilitation of the company establishment process.

Accountants can provide you with a constitution however these are generally acquired through a legal document service provider who provides the legal sign off on the documents.

Do companies pay less tax?

This depends on your circumstances you should seek advice from an accountant to determine if this will be the case for you.

First of all, companies are tax using a flat rate vs a natural person who is taxed using a marginal tax rate system, which effectively means the more money you earn, the more tax you pay.

Picture1 1 768x502

Note: This is a simplified illustration not including any deductions, offsets or surcharges.

You will notice in the illustration there are two types of tax rates, base rate entities are taxed at 25% and all other companies are taxed at 30% (FY2021-22). While we are not going into detail as to what a base rate entity is here, in simplistic terms, it is a company that is carrying on a business. You can view further information on what a base rate entity is on the ATO’s website.

Secondly, you need to consider whether the income you are receiving is Personal Service Income (PSI). PSI is income that is mainly a reward for an individual’s personal efforts or skills. There are rules in place which prevent people from diverting their income to a company in an effort to reduce their tax if the income they receive is PSI. We won’t go into any further detail on PSI here however you can read more about it on the ATO’s website or you can use their PSI determination tool to see if your income is PSI.

Can I still be personally liable for debts of the company?

This depends on whether you are a director of the company or not. As directors are the people charged with the responsibility of running the company, they can be personally responsible for certain liabilities.

You need to apply for your own director ID. Unfortunately we are unable to do this on your behalf, however, please know that we are here to assist you through the process if needed.

The fastest way to do this is online using the myGovID app.

 To complete your online application, you will need:

There are also options to apply for a Director ID application via phone and paper (these two options are more time consuming) Application Options.

Step 1 – Set up myGovID

You will need a myGovID with a Standard or Strong identity strength to apply for your director ID online. If you live outside Australia and can’t get a myGovID with a Standard or Strong identity strength, you will need to apply with a paper form and provide certified copies of your identity documents. If you live in Australia and:

myGovID is different from myGov

Step 2 – Gather your documents

You will need to have some information the ATO knows about you when you apply for your director ID:

Examples of the documents you can use to verify your identity include:

Step 3 – Complete your application

Once you have a myGovID with a Standard or Strong identity strength, and information to verify your identity, you can log in and apply for your director ID. The application process should take less than 5 minutes.

Apply now

Once your myGovID is setup, or if you already have a myGovID, go to the below link to start your application

https://www.abrs.gov.au/director-identification-number/apply-director-identification-number

Click Apply now with myGovID and follow the prompts.

If you have any queries regarding this process, please do not hesitate to contact us.

Quill Group

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