STP myth-busting

Starting to report through STP

We are now at the pointy end of implementing STP reporting which has applied to substantial employers (20 or more employees as at 1 April 2018) since 1 July 2018 but has been expanded to include small employers (19 or fewer employees) from 1 July 2019. This is the most significant change to reporting systems for businesses since the introduction of the GST on 1 July 2000.

Under STP, an employer reports information on their employees’ salaries and wages, PAYG withholding and superannuation to the ATO in line with their payroll cycle.

Amending legislation — contained in the Treasury Laws Amendment (2004 Measures No. 4) Act 2019, which was enacted on 1 March 2019 — extends the requirement to report employees’ payroll and superannuation information through STP to the ATO at the time of the payroll to all employers from 1 July 2019.

Current STP data
As of 17 June 2019, there were 137,000 employers reporting through STP, comprising 55,000 substantial employers and 82,000 small employers, and covering 7.5 million employees.

	There is no, and will be no, ability to lodge any STP reports through the agent or business portal, or via activity statements. STP reports can only be lodged via an STP-enabled software solution. The ATO will not be providing a software solution.
	This does not mean that the employer or registered agent must acquire expensive cloud-based STP-enabled payroll software but they will need to lodge through an STP-enabled solution. Alternative, low-cost and no-cost reporting solutions are available here: www.ato.gov.au/stpsolutions
	There is no need to conduct a headcount on 1 April this year because, from 1 July 2019, all employees will be subject to STP reporting.

No blanket exemptions

There are no carve-outs or blanket exemptions as such for groups of employers or types of industries. All employers, including not-for-profit entities, will be required to do payday reporting through STP from 1 July 2019 (subject to any deferrals in place until 30 September 2019 or beyond). The ATO has designed special reporting arrangements for micro employers, employers with closely held payees and employers with seasonal or intermittent employees (see below).

While there are no general exemptions, the ATO has registered a number of legislative instruments which exempt the following from STP reporting:

• employers with a Withholding Payer Number — for 2018–19 and 2019–20 only;
• insolvency practitioners and employers subject to their appointment — for 2018–19 only; and
• payments made to members by Portable Long Service Leave and Portable Redundancy Scheme Providers — for 2018–19 and 2019–20 only.

Key terminology

Term	Explanation
Employer-level data	This part of the STP report contains for all employees for the pay period: gross salaries and wages; and total PAYG withholding.
Employee-level data	This part of the STP report contains for each employee: Year-to-date (YTD) gross salary or wage; YTD PAYG withholding; and YTD liability for superannuation guarantee. During the year, the status of the employees’ information in ATO Online (accessed through myGov) shows as Year to Date.
Employment income statement	This is the ATO equivalent of an employer-issued payment summary containing the annual STP data reported by employers. It is: made available by the ATO in ATO Online (accessed through myGov); pre-filled in tax agents’ software; available from the ATO. Employment income statements will not be available from employers.
Exemptions and deferrals	An exemption relieves an employer from reporting through STP for a whole income year. Exemptions are granted by the ATO on a case-by-case basis. An employer who is not yet ready to report may apply for a deferral seeking to delay reporting through STP. Deferrals apply for only part of an income year and are granted by the ATO on a case-by-case basis. Businesses can apply for their own deferral or exemption by logging in to the Business Portal and selecting Manage employees ’ ⇒ STP deferrals and exemptions. Registered agents can apply for a deferral or exemption for a client through: the Tax Agent or BAS Agent Portal — select Client’s employer obligations ⇒ ’ STP deferrals or exemptions Online services for agents — select Business ⇒ STP deferrals and exemptions.
Finalisation declaration	The process by which employers ‘lock-down’ the information provided to the ATO during the year and declare that the information reported is correct. The Finalisation declaration must be done no later than 14 July (by 31 July for the employer’s first year of STP reporting) and is indicated on a per employee basis as part of each employee’s STP report. On 30 June each year, the status of the employees’ information in myGov changes from YTD to Not tax ready. Once the ATO receives the Finalisation declaration from the employer, the status of the employees’ information in ATO Online (accessed through myGov) changes from Not tax ready to Tax ready. An employee is not prevented from lodging their tax return using unfinalised data. What happens if an employee uses unfinalised data to lodge their tax return? If an employee uses data that is Not tax ready to lodge their tax return, they should be aware that once the employer submits the Finalisation declaration, the income statement may have different amounts and they may need to amend the tax return. An amendment can result in a tax bill that could also have Shortfall Interest Charge applied. Where an employee lodges using ’Tax ready’ data that is subsequently amended by the employer, an amendment will still be required to correct the return, however generally any Shortfall Interest Charge will be remitted.
myGov	Your myGov account lets you select and link to government online services from the one place. Once an employer starts reporting through STP, their employees’ payroll and superannuation information is available in ATO Online which is accessed through myGov. You don’t have to set up a MyGov account, but you will have better access to data if you do.
Pay event	This is an electronic file generated by the STP-enabled software which captures the salary or wage, PAYG withholding and liability for SG amounts at the time of the payroll. A pay event always involves the payment of an amount to the employee that is subject to PAYG withholding. This could be in line with the periodic payroll cycle, e.g. every week, fortnight or month, or it could involve an out-of-cycle payment such as a bonus or a termination. Each pay event provides the ATO with both employer-level data and employee-level data (see above) as part of the STP report.
SSID	There are 3 ways your software can connect to the ATO: Connect to the ATO using a software service ID (SSID) which is usually displayed by your software during the STP setup. You will need to provide the ATO with your SSID (call the ATO on 1300 852 232 or complete a one-off notification through Access Manager). The ATO will not be able to receive your STP report without the correct SSID. Connect to the ATO through a sending service provider (SSP). Connect directly to the ATO using a device AUSkey. Note AUSkey will be decommissioned in March 2020 and replaced with myGovID which is the Government’s new digital identifier when using government online services. Don’t be confused by the name; it has nothing to do with myGov!
STP engagement authority	A written agreement which evidences a registered agent’s authorisation to prepare STP reports on behalf of an employer. It will allow the registered agent to make the relevant declaration to the Commissioner at the time of lodging each STP report. The STP engagement authority is subject to eligibility criteria and does not apply to other approved forms or the Finalisation declaration. An authority must be reviewed and signed by an employer and their registered agent every 12 months or any time there has been a significant change in the industrial relations, taxation or payroll process. There is no template available but guidelines on what to include in the authority are available here.
STP solution	Refers to an online software solution which reports STP data to the ATO. It may be a full-featured cloud-based payroll solution or a low-cost or no-cost solution (available only to micro employers and their registered agents) which may be app-based or web-based.
Update event	This is an electronic file generated by the STP-enabled software which provides payroll information to the ATO but is not associated with a payment to the employee. This may be used to update YTD amounts to correct information previously incorrectly reported to the ATO, or to provide year-end information such as reportable fringe benefit amounts and reportable employer superannuation contributions.

Transitioning to STP

You don’t need to wait until 1 July 2019 to start reporting through STP – you can start at any time.

Many small employers will have a deferred start date, i.e. other than 1 July 2019. This may be because their software is not ready, or for other circumstances beyond their control.

The employer’s digital service provider (DSP) will be able to let them know which method (listed below) the employer should or can use when they start reporting through STP.

Available methods to start reporting through STP

• Provide an opening YTD balance for all employees (active, inactive and terminated) in an update event.
• Report YTD balances for all employees (active, inactive and terminated) in the first pay event.
• Report YTD amounts for current employees through a pay event and YTD amounts for inactive and terminated employees in a later update event which must be lodged by 14 July or the deferred due date.
• Report the current YTD balances for the current employees in the first pay event. Provide payment summaries to terminated and inactive employees and lodge a PAYG payment summary annual report to cover the payments made before the first pay event.
• Start STP reporting with zero YTD balances and provide payment summaries to all employees (current, inactive and terminated). Lodge a PAYG payment summary annual report for payments made before the first pay event.

Payment summaries

Payment summaries will still be required to be provided to employees by 14 July where:

• the employer is not reporting through STP for the full income year (i.e. the year in which they start STP reporting) and they choose not to report opening YTD data in the first STP report; or
• the employee receives reportable fringe benefits or reportable employer superannuation contributions and the employer chooses not to report these amounts through STP.

Small employers

You don’t need to apply for a deferral as long as you can start STP reporting by 30 September 2019.

If you are not ready to start STP reporting by 30 September 2019, you will need to apply for a deferral. This can be done through the Tax Agent or BAS Agent Portal, or ATO Online services, or by the business through the Business Portal.

Micro employers (1-4 employees)

Low-cost and no-cost STP solutions

Micro employers who don’t need or want payroll or accounting software can choose a simple low-cost (no more than $10 per month per business) or no-cost STP solution. The ATO has published a list of the certified providers, and some basic product information, at www.ato.gov.au/STPsolutions.

Some of these solutions are also available to registered agents.

The micro employer’s registered tax or BAS agent will need to apply for this two-year quarterly reporting concession.

Quarterly reporting for micro employers is:

• available only through the employer’s registered agent, and the agent must lodge the quarterly STP report;
• available only for two years — from 1 July 2021, the micro employer will be expected to transition to payday reporting; and
• subject to conditions (see below).

The registered agent will need to lodge the quarterly STP report by the due date of lodgment of the BAS, and also complete W1 and W2 on the BAS.

The registered agent cannot lodge a client’s quarterly STP reports via the Tax Agent or BAS Agent Portal or via the activity statement. The registered agent will need their own STP solution.

Conditions for micro employers to report quarterly through their registered agent

To be eligible for quarterly reporting through a registered agent, the micro employer must satisfy the following conditions:

Employers with closely held payees

Employers with 20 or more employees with closely held payees

If the employer has 20 or more employees, they should be doing payday reporting for their closely held payees along with their arm’s length employees.

However, the employer has until 30 September each year to finalise their closely held payees’ information (instead of 14 July).

Exemption until 30 June 2020 for small employers with closely held payees

If the employer has 19 or fewer employees, they do not need to start reporting closely held payees through STP until 1 July 2020. However, all arm’s length employees must be reported as normal through STP from 1 July 2019 unless a deferral or exemption has been granted (this includes the deferred deadline for small employers of 30 September 2019).

You don’t need to apply for the exemption from reporting closely held payees until 30 June 2020. In the meantime, the current processes (including payment summaries) apply.

Ongoing quarterly reporting concession for small employers with closely held payees

Beyond 1 July 2020, the employer with 19 or fewer employees will need to do payday reporting unless they report quarterly using an STP solution for their closely held payees (conditions apply). Each closely held payee covered by this concession will need to be notified to the ATO (the online form will be available soon from the ATO).

The closely held quarterly reporting concession applies only to closely held payees. There is no application process (unlike the quarterly reporting for micro employers); however the employers will need to notify the ATO of their closely held payees via the online form.

Under the closely held quarterly reporting concession, the employer:

• will be able to lodge an STP report on an ongoing quarterly basis;
• or their registered agent will need to lodge the quarterly STP report by the due date of lodgment of the BAS, and also complete W1 and W2 on the BAS;
• will complete the quarterly STP report by making a ‘reasonable estimate’ from which PAYG is withheld. A reasonable estimate can be calculated using one of the following methods:
  • actual withdrawals taken by the closely held payee during the quarter (excluding payments of dividends and repayments of credit loans owed to the closely held payee);
  • calculating 25 per cent of the remuneration from the previous income year;
  • varying the previous year’s amount (to take into account trading conditions) within 15 per cent of the remuneration for the current income year;
• will have until the due date of their income tax return to finalise their closely held payees’ information (instead of 14 July).

Conditions for closely held reporting concession

To be eligible for ongoing quarterly reporting for closely held payees, the employer must satisfy the following conditions:

Query — SG obligation
We have concerns that the making of a reasonable estimate under the closely held concession could constitute ‘ordinary times earnings’ for the purposes of the Superannuation Guarantee (SG) Charge. This could be problematic where an obligation to pay SG contributions to a superannuation fund arises from the making of an estimate which may change by the time the information is finalised after the end of the income year (and after the date by which the SG contribution was made).

We have raised this issue with the ATO and it is currently with the ATO’s legal team. It is hoped that the ATO will determine that the making of an estimate under this concession does not constitute ‘ordinary times earnings’ for SG purposes.

Employers with seasonal or intermittent employees

Some businesses have irregular employment patterns, such as those who employ seasonal or intermittent employees including shearers and fruit-pickers.

The ATO will provide further details soon, but broadly the ATO will make special reporting arrangements available to these employers who may find it difficult to do payday reporting. Under these arrangements, these employers will be able to lodge an STP report on an ongoing quarterly basis.

	The seasonal or intermittent employer or their registered tax or BAS agent will need to apply for this quarterly reporting concession. The ATO will provide details soon on how to apply for this concession.
	The employer or their registered agent will need to lodge the STP report through an STP-enabled solution.

 Conditions for seasonal or intermittent reporting concession

To be eligible for ongoing quarterly reporting for seasonal or intermittent employees, the employer must satisfy the following conditions:

Further resources

ATO resources on STP

• Primary webpage for STP guidance: ato.gov.au/stp
• Employer reporting guidelines (recommended reading)
• No-cost and low-cost solutions for STP: ato.gov.au/stpsolutions
• News, events and resources which includes news, events, webinars and digital resources to help you understand STP.

TaxBanter resources on STP

Banter Blog

Our previous blogs on STP include:

• Prepare now for Single Touch Payroll from 9 May 2018 which explains how STP works and provides a handy checklist;
• New annual registered agent authorisations for Single Touch Payroll from 9 October 2018 explains how the new STP engagement authority allows eligible employers to provide a signed authorisation to their registered agent who is lodging STP reports on their behalf only once a year instead of at each reporting event.

Tax Yak podcast

We also have two Tax Yak podcasts available on STP:

• Episode 17: Single Touch Payroll: A chat with the ATO from 16 April 2019 in which our host, Robyn Jacobson, chats with John Shepherd, former Assistant Commissioner of STP at the ATO (he has only recently departed the ATO after many years of leading the STP design team) about the implementation of STP;
• Episode 18: Single Touch Payroll: Q&A with the ATO from 18 April 2019 in which our host, Robyn Jacobson, chats with Michael Karavas, Director at the ATO and Design Lead of STP, in a Q&A format, addressing all your questions about the ATO’s approach to transitioning around 750,000 small employers into STP from 1 July 2019.

Joint TaxBanter–ATO webinar

• The recording of our STP webinar Single Touch Payroll – it’s happening! Are you ready to start reporting from 1 July 2019? presented on 27 March 2019 is available to purchase.