129 Posts

The Personal Property Securities Register (PPSR) turns 7!

Posted on May 1, 2019 by GSCPA Admin

As of the 30th of January 2019, the Personal Property Securities Register (PPSR) turned 7 years old. Whilst this may seem like an insignificant occasion, the movement of the PPSR into it’s 7th year could potentially have implications for a large number of businesses.

7 years marks the maximum duration for a security interest which required registration by a serial number, or for other interests, a 7 year registration period represented the cheapest registration option (in terms of fees charged by the PPSR). So common is the 7 year duration that up to 115,000 registrations were automatically discharged on the day following the PPSR’s anniversary, 31 January 2019, that is 115,000 separate assets which small business and the people behind them lost protection for, and which could, in the wrong circumstances negate their ownership interests.

But what exactly is the PPSR again?

The PPSR is a national online register that stores the security interests of parties over assets. The purpose of the PPSR was to take lead from Canada and New Zealand to improve the ability of individuals and small to medium businesses to more effectively use their property to secure lending. To provide protection for consumers or businesses making large purchases, that are not real estate, e.g. motor vehicles, boats, trading stock, second hand goods and financial assets (shares).  Or when selling the above goods on credit terms or when leasing, renting and hiring out such goods.

Who uses the PPSR?

Most commonly the register is used by banks and other institutions which provide credit, as through this register they are able to secure their interests in the property which they facilitate the purchase of should their customer default.

Another common example is second hand car dealers. They will frequently review the register before purchasing a vehicle from a member of the public or from a fleet arrangement to ensure that no other parties (besides their seller) has a claim to the vehicle.

Doesn’t a clause in my contract protect me, and what is “Perfection?”

A retention of title clause is common in contracts where you are providing a good, the purpose of these clauses is to ensure that the title remains with you until the goods are paid for in full. However, these clauses no longer protect you on their own. With the PPSR in place, if another party has registered an interest in the same good (e.g. taken it as collateral for another loan) they will be ahead of you in the queue should your mutual customer default or go broke.

Perfection is a technical concept particular to the PPSR. Perfection over the security interest in an asset provides your interest in the asset with priority over other claimants. To have a perfected interest, it must have an attached security interest, be enforceable against third parties, and is either PPS registered or the collateral is in the possession or control of the secured party.

How can I check if my assets are still protected?

It is quick and easy to access the PPSR and have a “Registrations due to expire” report generated. Simply follow the link here, and follow the instructions provided. This process will require you to sign into the account you used to register your interest or to create a new account (this is free). Also note that all reports are generated as Excel files (.CSV and .XML) so for best compatibility download the report onto a laptop or desktop computer.

What should I do next?

Once you have a copy of the above report, review your interests and their expiry dates. It is key to renew your interests before they expire, as if they expire you must register a new interest, this will compromise your interest’s priority over the asset, putting it behind other parties. Further, if you have any other assets which you think may be applicable go about registering them onto the PPSR at the same time.

If you have any further questions or concerns regarding the PPSR please contact the team at GeersSullivan on (08) 9316 7000.

2019 Budget Edition

Posted on April 3, 2019 by GSCPA Admin

Paving the way to an election

Treasurer Josh Frydenberg has delivered a ‘back in the black’ Budget aimed squarely at voters, stressing the Morrison Government’s commitment to financial discipline and low taxes.

As expected, the Treasurer signaled sweeping tax cuts and major infrastructure spending if the Coalition wins the upcoming federal election widely expected to be held in May.

This largesse is made possible as the Budget heads towards surplus for the first time in 12 years. Extra revenue has flowed into the Government’s coffers from a surge in company tax on the back of higher commodity prices, and a higher personal tax take as more Australians find work.

The Big Picture

The Federal Budget is all but balanced. The Government expects a small underlying Budget deficit of $4.2 billion this financial year, unchanged since the mid-year Budget update in December, before moving to a $7.1 billion surplus in 2019-20.

The Budget’s big spending promises come despite a worsening economic outlook over the past six months. The Treasurer forecast growth of 2.25 per cent this year rising to 2.75 per cent in 2019-20 and 2020-21, slightly lower than the 3 per cent forecast in the mid-year update.

Growth could also suffer from a cut in the permanent migrant intake from 190,000 to 160,000 a year. The Government predicts current net debt of $370 billion will fall to 18 per cent of GDP in 2019-20 and be wiped out in 10 years.

Bigger tax cuts

The centerpiece of the Budget is an extension of the already announced multi-year tax package. Low and middle-income workers will receive immediate income tax relief of up to $1,080 for single income families and up to $2,160 for dual income families from 2018-19.

By 2024-25, 94 per cent of taxpayers on incomes below $200,000 will pay no more than 30c tax in the dollar. Incomes above $200,000 will pay 45c in the dollar.

The Low and Middle Income Tax Offset (LMITO) will almost double from $530 to a maximum of $1,080 a year for people earning between $48,000 and $90,000, to be received after people submit their 2018-19 tax return. People on income below $37,000 will receive an offset of up to $255.

The popular instant asset write-off for small business has been increased from $25,000 to $30,000 a year, extended to businesses with turnover up to $50 million (previously $10 million) and will apply as of 2 April 2019. This allows small and medium size businesses to deduct the cost of assets such as cars and equipment.

Major infrastructure spending

The Government’s other signature spending initiative is a $100 billion boost to infrastructure spending over the next decade, an increase of about one third on last year’s Budget.

This includes $2 billion for a fast rail link from Melbourne to Geelong. The Government will also co-fund five business cases with state governments for fast rail from Sydney to Wollongong, Sydney to Parkes (via Bathurst and Orange), Melbourne to Albury Wodonga, Melbourne to Traralgon, and Brisbane to the Gold Coast and will build on projects already underway.

There is also a $3 billion increase (to $4 billion) in the Urban Congestion Fund, including $500 million for a commuter carpark fund.

A further $1 billion will be invested to improve the Princes Highway in NSW, Victoria and South Australia, with additional funding for road and rail projects in all states and territories.

Beefed up regulation and compliance

In the wake of the Banking Royal Commission, financial regulators Australian Securities and Investments Commission (ASIC) and Australian Prudential Regulation Authority (APRA) will be given a boost of more than $550 million to clamp down on misconduct.

The Australian Taxation Office will be given extra funds to crack down on welfare cheats and tax dodging.

Healthcare and welfare

The Government has pledged $527.9 million for a Royal Commission into the abuse of people with disabilities. It has also recommitted to fully funding the National Disability Insurance Scheme, but a slow take-up of the NDIS has delivered a $1.6 billion saving to the Budget’s bottom line and contributed to the projected Budget surplus.

In response to the national crisis in mental health and youth suicide, $461.1 million will go to prevention and treatment programs.

The creation of a new $337.2 million drug strategy to address harmful opioid use, improve family support services and increase capacity of drug and alcohol services in remote and regional areas.

The cashless welfare card will be extended to all the Northern Territory and Cape York communities in Queensland at a cost of $129 million.

Aged care services will receive a further boost of $282.4 million to fund 10,000 new home care packages and increasing home care supplements for dementia and cognition.

Superannuation sweetener

In a bid to help older Australians boost their retirement savings, the Government intends allowing 65 and 66-year-olds to make voluntary contributions to their super from 2020-21 without meeting the work test.

The same group will also be allowed to make three years’ voluntary non-concessional (after tax) contributions, currently capped at $100,000 a year, in one year.

Education

There are no big-ticket announcements for schools or universities, but $453 million will go to extend pre-school education in the year before school.

The focus instead is on a new $525.3 million skills package to provide vocational education and training that will fund 80,000 new apprenticeships and double incentives to employers to $8,000 per placement.

Training hubs will be established in 10 regional areas with high youth unemployment.

Environment and energy

The Government hopes to shore up its climate and energy credentials with $3.5 billion for a new Climate Solutions Package, including $2 billion for the Climate Solutions Fund (previously called the Emissions Reduction Fund).

Pensioners, carers and veterans will receive a one-off cash payment to help with energy bills. The Energy Assistance Payment is worth $75 for singles and $125 for couples.

It has also previously announced $1.4 billion for Snowy Hydro 2.0 and a $56 million Battery of the Nation in Tasmania.

Regional communities will receive $6.3 billion in drought support and $3.3 billion in flood support. A $3.9 billion Emergency Response Fund will be set up to help with future natural disaster efforts.

National security

There will be a continued focus on national security, with $512.8 million for the Australian Federal Police and $58.6 million to the Australian Security Intelligence Organisation.

The Government will also spend $34.8 million over four years to counter foreign interference.

Looking ahead

This is an unusual Budget as there will be little chance of legislating most of the spending measures before a federal election in May.

The biggest risk to the Budget forecasts for growth is the falling property market and concerns that it could flow through to the broader economy. According to CoreLogic, national house prices are down 7.4 per cent since their 2017 high, with most pundits predicting further falls this year.

Monetary support could come from the Reserve Bank which announced yesterday the official cash rate will remain on hold at a record low of 1.5 per cent while also signaling it is prepared to cut rates this year to support growth if needed.

For its part, the Government’s proposed tax cuts and other stimulus measures could provide the kick the economy needs to get people spending, companies hiring and flat wages rising.

Labor has flagged it will deliver its own economic statement later this year if elected. We will have to wait until after the election to see whose policies will take Australia forwards.

It is important to note that the policies outlined in this publication are yet to be passed as legislation and therefore may be subject to change.

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