The Queensland Government has activated a new $10,000 COVID-19 Small Business Grants scheme to assist small and micro businesses impacted by Coronavirus to access funding for the purposes of “business adaptation”.
IMPORTANT: This grant is now closed, but Round 2 opens 1 July 2020:
Round 2 of the QLD Small Business COVID-19 Adaption Grants will open 1 July 2020
Apply for round 2 of the grant
Eligibility Criteria
To be eligible for the $10,000 COVID-19 small business grants, the business must:
- have been subject to closure or otherwise highly impacted by current shutdown restrictions announced by Queensland’s Chief Health Officer on 23 March 2020
- demonstrate that business revenue has been significantly impacted since 23 March 2020 over a minimum 1-month period due to the onset and management of COVID-19
- employ staff and have fewer than 20 employees at the time of applying for the grant
- have a valid Australian Business Number (ABN) active as at 23 March 2020
- be registered for GST
- have a Queensland headquarters
- have an annual turnover over $75,000 for the last financial year
- have a payroll of less than $1.3 million
- not be insolvent or have owners/directors that are an undischarged bankrupt.
Only 1 application will be accepted from an individual ABN or a financial beneficiary of a business.
Successful applicants cannot reapply for funding under this grant program.
What The Grant Must Be Spent On
The $10000 COVID-19 small business grants can be used towards the following
- financial, legal or other professional advice to support business sustainability and diversification
- strategic planning, financial counselling or business coaching aligned to business development and diversification
- building the business through marketing and communications activities, for example, content development (web pages, mobile apps, visual and audio media etc.)
- digital/technological strategy development
- digital training or re-training to adapt to new business models
- capital costs associated with meeting COVID-19 SAFE requirements
- specialised digital equipment or business specific software to move business operations online (e.g. logistics program for online ordering)
- meeting business costs, including utilities, rent.
Note: Grant funds can also be used towards any of the above activities occurring from 23 March 2020 onwards, keeping in mind the project must be completed within a maximum of 6 months from the date of approval.
Once the program budget has been fully allocated, applications for the program will close. It is estimated that approximately 10,000 small businesses will be supported through this program.
Applying small and micro businesses must meet the eligibility and assessment criteria to be considered for funding.
Applying for the $10,000 COVID-19 Small Business Grants
To apply, complete the following steps:
- read the eligibility criteria
- read the application guidelines, terms and conditions and frequently asked questions (FAQs)
- apply using the SmartyGrants link.
Assessment Process
In addition to meeting the eligibility criteria, applications will be assessed against the following:
- funding availability – applications will be processed on a ‘first come, first served’ basis, and therefore not all applications will be successful
- submission of a complete application form, with all requested supporting documentation included (i.e. your application must contain the requested supporting documentation, otherwise you will be contacted to provide appropriate evidence and this may delay your application’s progress)
- value for money, as determined by the Department of Employment, Small Business and Training (DESBT).
Grant Payments
Funding will be paid upon approval of your grant application. Within 1 month of completing the project, applicants must:
- complete and submit an acquittal report through SmartyGrants
- submit copies of supplier invoices and proof of purchase for the total project cost.
Grant recipients may be subjected to a random audit by DESBT to ensure that the information provided is true and correct. Where it is found that false or misleading information has been provided, penalties may apply, including refunding to DESBT some or all of the grant funding.
Next Steps
If you need assistance with the application for the QLD Government $10,000 COVID-19 Small Business Grants scheme please contact your Quill Relationship Manager for more information.
This article on business interruption insurance and COVID-19 has been provided by Berren Hamilton from Stone Group Lawyers.
Business Interruption Insurance and COVID-19 Exclusions
As many businesses continue to suffer unprecedented disruption due to forced closures and severe reductions in trade due to the Coronavirus COVID-19 worldwide pandemic, there is currently a raging debate among the insurance and legal communities in Australia about whether business interruption insurance cover for COVID-19 may be properly excluded by policies which seek to exclude ‘diseases declared to be quarantinable diseases under the Australian Quarantine Act 1908 and subsequent amendments’.
Business interruption insurance cover can extend to situations where there has been an outbreak of contagious disease at or near to the location of the insured business, or which has caused the business to be ordered by the Government or public authority to be closed or evacuated.
Such cover often comes with an exclusion for quarantinable diseases. This exclusion was introduced following the SARS outbreak in 2002 and then widely adopted following the avian influenza outbreak in 2006 and swine flu in 2009. Diseases declared to be quarantinable diseases under the Quarantine Act include these diseases and also cholera, plague, rabies, yellow fever, smallpox and ebola.
Issue with Coronavirus Business Interruption Insurance Policy Exclusions
In 2015, the Quarantine Act was repealed. It was replaced by a revamped legislative regime called the Biosecurity Act 2015. The Biosecurity Act does not use the classification system previously used by the Quarantine Act of ‘quarantinable diseases’ and ‘notifiable diseases’. Instead it uses a different regime which includes identifying certain diseases as ‘listed human diseases’ which are diseases that are communicable and cause significant harm to human health.
This list under the Biosecurity Act is very similar to the last list of quarantinable diseases under Quarantine Act before it was repealed, with the important exception that the list under the Biosecurity Act now includes COVID-19, added on 21 January 2020. In each case it was and is the Governor-General who had and has the responsibility of declaring whether a disease is to be included in these lists.
After the Quarantine Act was repealed, many policies updated the exclusion to refer to listed human diseases under the Biosecurity Act. But for many policies the exclusion was not updated, raising the question under debate for such policies – can an exclusion that only refers to the Quarantine Act apply to COVID-19?
Are Pandemic Policy Exclusions Applicable to COVID-19?
Of course, given the recent birth of COVID-19 there are no Court decisions on this point. On one side are those for the insured policyholders – arguing that the Biosecurity Act is not a subsequent amendment to the Quarantine Act. On the other side are those for the insurers – arguing that the obvious intent of the exclusion is to exclude all diseases with pandemic potential.
It seems ultimately that this question will be determined by the judiciary. This determination may not be far away. It is a narrow question perfect for the Federal Court’s insurance list for short matters created to cater for the prompt and efficient resolution of insurance law policy interpretation issues.
Which side will win remains to be seen. Presently, the expectation is that those for the insurers have the more difficult case. It is unlikely that it would be accepted that an insurance policy would contain an implied term that reference to a certain Act should include another Act where the two are separate legislative instruments. But whilst the Biosecurity Act ushered in a new regime for the protection of Australia from biosecurity risks and emergencies, the Quarantine Act which it replaced had the same objectives.
The argument that the clear intent and commercial objective from a business perspective of an exclusion referring to quarantinable diseases is to exclude a disease like COVID-19 is attractive. But if the reason that the exclusion was not updated was mere oversight by the insurer, this would likely not be enough to invoke the Court’s equitable relief of rectification to correct the mistake. The insurer wrote the policy terms in the first place. There needs to compelling evidence that the terms of the policy do not express the parties’ common intentions before a Court would be prepared to rewrite the contract.
What Business Owners Need to Do
If you have a business interruption cover included in your policy, and your business has been impacted by COVID-19, you should review your policy and make a claim under policy to recoup your losses.
If you are ever in the unfortunate situation of your insurer refusing to cover all or part of a claim made under your insurance policy, it is vitally important that you promptly seek expert legal advice.
If your claim for business interruption is not covered on the basis of an exclusion in the policy, we can provide you with expert advice as to whether the position taken by the insurer is justified, or whether the claim should be covered, and can assist you through the process of obtaining the cover provided by the policy that you paid for.
How We Can Help You
Stone Group Lawyers has put together a special offer for clients of Quill Group. For a discounted fixed fee of $300 inclusive of GST, Stone Group will:
- Review your insurance policy wording and schedule to check whether business interruption losses due to COVID-19 may be covered, subject to assessment of the loss.
- If it is considered that coverage may be obtained – lodge a claim to the insurer on your behalf, to seek confirmation from the insurer whether the claim is covered, subject to assessment of the loss.
Where a claim for such coverage is made to an insurer, Stone Group will include in the letter to the insurer that you have engaged Quill Group to prepare the claim assessment, and that you seek cover for Quill Group’s fees in this regard under the claims preparation coverage clause (where the policy includes such a clause).
If the insurer refuses to cover the claim (which I expect is likely), then Stone Group we can advise on the options available including internal dispute resolution, complaint to the Australia Financial Complaints Authority (AFCA), applying to the Court for declaratory relief and/or pursuing a Court proceeding for damages from the insurer.
Next Steps
If you would like to take advantage of the special offer Quill Group has obtained from Stone Group Lawyers, please contact us or get in touch with your Quill Relationship Manager and we can put you in touch with the team at Stone Group to review your business interruption policy to determine what your options are.
The laws setting out the Federal Government’s response to Coronavirus were introduced into Parliament on 23 March 2020, the bill has now been passed by both just awaiting royal assent, with one measure being the cash flow boost for eligible employers who may receive up to $100,000 tax-free.
Am I eligible for the cash flow boost?
A business (including a charity or not-for-profit) will be eligible for the cash flow boost if it meets the following conditions.
- The business must make a payment that is subject to the withholding tax provisions – the most common example will be payments of salary or wages.
- The business must be one of the following:
(a) a small business entity – which generally means carrying on business in the relevant income year and with an aggregated turnover of less than $10 million
(b) a medium business entity – which generally means carrying on business in the relevant income year and with aggregated turnover of less than $50 million
(c) a charity or other not-for-profit entity of an equivalent size. The legislation tests turnover for the most recent income year that the business has received an income tax notice of assessment.
If this is not possible, which may be relevant for charities and other entities that are exempt from income tax, the alternative is for the Commissioner to be satisfied that there is a reasonable possibility the business will meet the criteria for the relevant income year (either the 2020 income year or the 2021 income year).
- The business must have notified the Commissioner of the payment that was subject to withholding tax in the approved form. This will usually be done by lodging the relevant Business Activity Statement (BAS).
- The payment must relate to either:
(a) for monthly withholders – the months of March 2020, April 2020, May 2020 or June 2020
(b) for quarterly withholders – the quarters ending March 2020 or June 2020.
- The business must have held an ABN on 12 March 2020. This is not relevant for charities.
- The business must have either:
(a) derived assessable income from carrying on a business in the 2019 income year
(b) made supplies in the course of carrying on its enterprise within Australia after 1 July 2018 and before 12 March 2020.
What if the business has not historically paid salary or wages?
We have received good questions about helping clients access the boosts – in some cases where the client has not made payments subject to withholding. This may be because the owners have historically taken dividends or drawings.
The legislation contains integrity rules that prevent businesses from trying to manoeuvre into the eligibility conditions.
One condition for getting the boosts is that the client (and their agents and associates) did not enter into an arrangement for the sole or dominant purpose of getting the boosts, or getting increased boosts.
We will update this article if we receive any guidance as to whether switching from drawings/ dividends to salary, for example, when all of the other conditions are satisfied, will trigger the anti-avoidance provisions.
What do I have to do to get the cash flow boost?
Businesses will need to lodge their BASs showing the payments that are subject to withholding.
If the business is a charity or not-for-profit with no income tax notices of assessment, it will need to notify the Commissioner that it should satisfy the small to medium business entity requirement.
How much are the cash flow boosts?
There are two cash flow boosts. The minimum amount for each cash flow boost is $10,000 – so $20,000 in total. The maximum cap for each cash flow boost is $50,000 – so $100,000 in total.
Subject to the minimum amount and maximum cap, the cash flow boost is 100% of the amount that has been withheld for the period.
However, if the payment is for the month (not quarter) of March 2020, the cash flow boost is 300% of the amount that has been withheld. This means there is no difference between monthly and quarterly reporting.
How do I get the first cash flow boost?
The tax-free payment will broadly be calculated and paid by the ATO as an automatic credit to an employer, upon the lodgment of activity statements from 28 April 2020, with any resulting refund being paid to the employer. This means that:
- – quarterly lodgers will be eligible to receive the payment for the quarters ending March 2020 and June 2020; and
- – monthly lodgers will be eligible to receive the payment for the March 2020, April 2020, May 2020 and June 2020 lodgments. However, the payment for the March 2020 activity statement will be calculated as being three times the actual amount withheld.
Note that, the minimum payment of $10,000 will be applied to an entity’s first activity statement lodgment (whether for the month of March or the March quarter) from 28 April 2020.
How do I get the second cash flow boost?
The second cash flow boost is the same amount as the first cash flow boost. There are further eligibility conditions, but most will be satisfied if the business remains in business.
For employers that continue to be active, an additional (tax-free) payment will be available in respect of the June to October 2020 period, basically as follows:
- – Quarterly lodgers will be eligible to receive the additional payment for the quarters ending June 2020 and September 2020, with each payment being equal to 50% of their total initial (or Stage 1) payment (up to a maximum of $50,000).
- – Monthly lodgers will be eligible to receive the additional payment for the June 2020, July 2020, August 2020 and September 2020 activity statement lodgements, with each additional payment being equal to a 25% of their total initial (or Stage 1) payment (up to a maximum of $50,000).
The ATO will automatically calculate and pay the additional (tax-free) payment as a credit to an employer upon the lodgement of their activity statements from July 2020, with any resulting refund being paid to the employer.
If you have any questions, please contact a member of our team to discuss.
See more on the ATO Website here regarding boosting cash flow for businesses.
See the latest updates on COVID-19 and how it may affect you here.
Payroll tax refund COVID-19: At the top of the Victorian economic stimulus package is a refund of payroll tax for small businesses. Effectively, the payroll tax threshold applies to Victorian entities with Australian taxable wages less than $3m for the 2019/20 income year.
As well as the payroll tax refunds, registered businesses in the hospitality, tourism, accommodation, arts/entertainment and retail industries will receive tailored support. This is in the form of a grant, and specifically not a loan.
Other measures announced include deferral of certain land tax payments, and rent relief for businesses renting government premises.
Detail:
The Victorian Government has established an economic survival package to support Victorian businesses and workers through the devastating impacts of the COVID-19 pandemic.
The $1.7 billion Economic Survival Package complements the work of the Federal Government.
The package includes the following key programs.
Payroll Tax Refund
Businesses with annual taxable wages up to $3 million will have their payroll tax for the 2019-20 financial year waived. This will support 24,000 businesses and up to 400,000 workers.
The State Revenue Office will directly contact eligible businesses to reimburse them for payroll tax already paid in the financial year.
Eligible businesses must continue to lodge returns but do not need to make further payments for this financial year.
These businesses can also defer paying payroll tax for the first quarter of the 2020-21 financial year.
More information about the administration of these relief measures will be sent directly to eligible businesses.
Visit www.sro.vic.gov.au
Liquor licence fees waived | Payroll tax refund COVID-19
Renewable liquor licence fees for 2020 will be waived. Businesses that have already paid will be reimbursed.
The State Revenue Office will administer the reimbursement, regardless of whether the licence fee was paid to it or the Victorian Commission for Gaming and Liquor Regulation.
Visit www.sro.vic.gov.au
Business Support Fund
The $500 million Business Support Fund will support the hardest hit sectors, including hospitality, tourism, accommodation, arts and entertainment, and retail.
The Government will work with the Victorian Chamber, Australian Hotels Association and Australian Industry Group to deliver the Fund, which will help these businesses – which may not be eligible for payroll tax refunds due to their size – survive and keep people in work.
Visit www.business.vic.gov.au
Working for Victoria Fund | Payroll tax refund COVID-19
Under the $500 million Working for Victoria Fund, displaced workers will be eligible to apply for different types of work. This presents opportunities for paid work and an opportunity to contribute to Victoria’s ability to manage this event and support the community.
Some displaced workers will have skills that can be readily transferred to new roles. The Government can also assist skills development or help people in obtaining immediate accreditation to commence work.
The Government will work across the public sector, local government, the not-for-profit sector and key private sector employers to facilitate job matching.
Visit www.vic.gov.au/workingforvictoria
Land tax deferral
Landowners that have at least one non-residential property and total taxable landholdings below $1 million have the option of deferring their 2020 land tax payment until after 31 December 2020.
The State Revenue Office will contact all taxpayers who are eligible for this deferral.
Visit www.sro.vic.gov.au
Fast tracking outstanding supplier invoices
The Government will pay all outstanding supplier invoices within five business days – releasing up to $750 million into the economy earlier. The private sector is urged to do the same where possible.
Rent relief for commercial tenants in government buildings
The Government will work directly with commercial tenants in government buildings who can apply for rent relief. Private landlords are also being encouraged to provide rent relief or holidays to help businesses.
Business Victoria HOTLINE
Businesses across the state can now access information on dealing with COVID-19 by calling the Business Victoria hotline on 13 22 15.
Coronavirus (COVID‑19) updates
For the latest updates and advice on the novel coronavirus in Victoria, visit the DHHS website:
www.dhhs.vic.gov.au/coronavirus
Mental health and wellbeing during the Coronavirus COVID-19 outbreak
The outbreak of the coronavirus COVID-19 has impacted people in varying ways on an international scale. It is understandable during times like this that people may be feeling afraid, worried, anxious and overwhelmed by the constantly changing alerts and media coverage regarding the spread of the virus.
While it is important to stay informed, lifeline.org.au and beyondblue.org.au have some mental health and wellbeing tips and strategies to continue looking after ourselves and each other during these difficult times.
To contact Lifeline:
Phone:
13 11 14 (24 hours/7 days)
Text:
0477 13 11 14
(6pm – midnight AEDT, 7 nights)
Chat online:
www.lifeline.org.au/crisis-chat
(7pm – midnight, 7 nights)
To contact Beyond Blue:
Phone:
1300 22 4636 (24 hours/ 7days)
Chat online:
www.beyondblue.org.au/get-support/get-immediate-support (3pm – 12am, 7 days)
Email:
online.beyondblue.org.au/email/
Get a response in 24 hours
Read more:
https://www.business.vic.gov.au/disputes-disasters-and-succession-planning/illness-and-business-management-plan/coronavirus-business-support
https://www.premier.vic.gov.au/economic-survival-package-to-support-businesses-and-jobs/
See the latest updates on COVID-19 and how it may affect you here.
The State Government of NSW has released a business support package to alleviate the impact of the COVID-19 outbreak. The State Government has mainly focused on providing assistance through the payroll tax relief, as the intention is to help businesses keep their employees on the payroll.
NSW has opted to waive payroll tax for businesses with Australian taxable wages of up to $10m for the three months leading to 30 June 2020.
The stimulus package will help to protect communities and jobs in the face of the COVID-19 outbreak over the next six months.
Key elements of the NSW COVID-19 package include:
Business support and jobs | NSW COVID-19 business support
- – $450 million for the waiver of payroll tax for businesses with payrolls of up to $10 million for three months (the rest of 2019-20). This means these businesses will save a quarter of their annual payroll tax bill in 2019-20
- – $56 million to bring forward the next round of payroll tax cuts by raising the threshold limit to $1 million in 2020-21
- – $80 million to waive a range of fees and charges for small businesses including bars, cafes, restaurants and tradies
- – $250 million to employ additional cleaners of public infrastructure such as transport assets, schools and other – public buildings
- – more than $250 million to bring forward maintenance on public assets including social housing and crown land fencing
- – $500 million to bring forward capital works and maintenance.
Read more:
https://www.nsw.gov.au/news-and-events/news/health-boost-and-economic-stimulus/
See the latest updates on COVID-19 and how it may affect you here.