The State and Territories have provided a range of grants to businesses affected by COVID-19 trading restrictions.
Section 59-97 of the ITAA 1997 provides that such a payment is non-assessable non-exempt income if it meets certain criteria, including that it was announced on or after 13 September 2020.
Editor’s note: We updated this article on 21 July 2021 for newly declared Victorian grants and newly announced grants by other State governments.
Conditions for the payment
The payment must be received under a grant program administered by a State or Territory, or an authority of a State or Territory.
The taxpayer must receive the payment in the 2020–21 income year. That means any grant paid before 1 July 2020 is assessable.
Schedule 1 to the Treasury Laws Amendment (COVID-19 Economic Response) Act 2021 (the Act), which received Royal Assent on 30 June 2021 as Act No. 71 of 2021, extends the concessional income tax treatment of qualifying grants to include grants received in the 2021–22 income year. The amendments also ensure that taxpayers with a substituted accounting period are also able to take advantage of the NANE income status of grant payments.
Conditions for the taxpayer
A taxpayer is eligible for the NANE tax treatment where:
- it carries on a business in the current year;
- one or both of the following applies:
- the taxpayer carried on a business in the previous income year and its aggregated turnover for that year was less than $50 million; and/or
- the taxpayer’s aggregated turnover for the current year is likely to be less than $50 million.
This is based on the requirements in ss. 59-97(1)(d) and (2) that the taxpayer must be either:
- a small business entity (SBE) as defined in s. 328-110 of the ITAA 1997; or
- an SBE if the $10 million threshold was instead $50 million.
Conditions for the grant program
The grant program must be declared — under s. 59—97(3) — to be an eligible program. It does not matter whether the declaration is made before, on or after the day the taxpayer receives the payment.
A grant program is declared — by legislative instrument — to be an eligible program if it satisfies all of the criteria. There is no Ministerial discretion to not declare an eligible program.
The eligibility criteria are that:
- the program was first publicly announced on or after 13 September 2020 by the State, Territory or authority that is administering it;
- the program is responding to the economic impacts of COVID-19;
- the program is directed at supporting businesses:
- who are the subject of a public health directive applying to a geographical area in which the businesses operate;
- whose operations have been significantly disrupted as a result of the public health directive;
- the State, Territory or authority has requested the program to be declared to be an eligible program.
Grants which are declared NANE income
The grants which have been declared eligible for NANE treatment — by legislative instrument — are all administered by the State of Victoria. They are listed in the Income Tax Assessment (Eligible State and Territory COVID-19 Economic Recovery Grant Programs) Declaration 2020 and the Income Tax Assessment (Eligible State and Territory COVID-19 Economic Recovery Grant Programs) Amendment Declaration (No. 1) 2021.
The eligible programs are:
Recent grants which have not yet been declared
In recent weeks, a number of other State and Territory governments have announced various grants to support businesses affected by local restrictions. These include grants announced by the NSW Government, the Northern Territory Government, the Western Australian Government and the South Australian Government. The Victorian Government has also subsequently announced further funding to support businesses.
At time of writing these recently announced grants have not yet been declared to be eligible grants by legislative instrument.
Further info and training
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We’ll cover these grants (and other new announcements) in full at our upcoming Public Sessions:
- August Tax Update Online (3 August)
Face to face sessions
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- Perth Public Session (12 August)
- Brisbane Public Session (18 August)
- Adelaide Public Session (19 August)
- Sydney Public Session (20 August)*
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