In our continuous effort to keep you abreast of significant tax changes, we highlight the recent updates announced by the Australian Taxation Office (ATO) regarding the Sharing Economy Reporting Regime (SERR). This development may have implications for many of our clients, particularly those operating within the sharing economy.
On this page:
Commencement Dates for SERR
Purpose of SERR
Who Should Report Under SERR
Reporting Specifics
Penalties & Compliance
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Commencement Dates for SERR
For taxi services (including ride-sourcing) and short-term accommodations (up to 90 consecutive days), SERR starts from 1 July 2023.
For all other transaction types, SERR will be in effect from 1 July 2024.
Purpose of SERR
The ATO has introduced SERR to:
Boost public confidence in the tax and super systems.
Identify and assist participants who might not be fulfilling their registration or lodgement obligations.
Understand better and enhance the behaviours and compliance of sharing economy participants, such as those offering ride-sourcing services.
Who Should Report Under SERR
If you operate an Electronic Distribution Platform (EDP) - a service that facilitates transactions between sellers and buyers through electronic means - you are required to report under SERR. This might be a website, app, online store, or similar platforms. However, platforms only providing payment processing or advertisement services are exempt.
Example
Example 1: ride-sourcing provider
Saferider is a third-party ride sourcing platform that allows passengers to request rides from drivers. Trisha wants to go to the CBD. She opens the Saferider app and types in her desired destination. The app connects her with James, a Saferider driver in her area and provides her with the price for the service. Trisha accepts the ride with James and the transaction is processed through the platform. Saferider is an EDP as the service allows sellers (the drivers) to supply ride-sourcing services to end-users (the passengers) via a smartphone application.
Example 2: service that does not allow entities to make supplies available to end-users
Michelle wants a plumber to fix her kitchen sink. She uses a website called Fix It where she can request a service and plumbers can bid for the job directly with Michelle. Jim, a plumber, contacts Michelle and offers his service, which Michelle accepts. Fix It is not operating an EDP as its website only allows individuals to find a service. The transactions are not accepted through the website between the buyer and seller.
Example 3: payment platform services
Pay Ltd’s sole activity is operating an online payment process service. In exchange for a fee, it supplies merchants with software and services that permit the use of credit and debit card payments by customers on the website of the merchants. Pay Ltd is not involved with the supplies made by the merchants other than through processing payments and providing access to its payments system. Pay Ltd is not an EDP operator as its services solely consist of processing payments and providing access to a payment system.
Reporting Specifics
EDP operators are expected to report on transactions connected with Australia. The reported transactions might include services like ride-sourcing, short-term accommodations, asset hiring, and more.
Example 4: connected with Australia (including the external territories)
Short Stay Marketplace Co is an EDP through which entities can make supplies of short-term accommodation. Using this platform, Ezra contracts with Nina to book a 3-night stay at a property owned by Nina in Melbourne for $450. Short Stay Marketplace Co must report this transaction. It involves a supply that is made through the platform that is both for payment and connected with Australia. The supply of the short-term accommodation is connected with Australia because the property is located in Australia. If Nina owned property in Italy and Ezra booked a stay there, Short Stay Marketplace Co would not need to report that transaction as the supply of the accommodation would not be connected to Australia.
Example 5: sale or lease of goods
Builders R Us operates an EDP through which entities can sell or lease building equipment within Australia. Using this platform, Mike purchases a concrete mixer from Ted's Cements for $600. Builders R Us does not need to report this transaction as it involves a supply where only the title or ownership of goods is exchanged. Using this same platform, Jay leases a bobcat for one week from KLT Bobcats Pty Ltd for $800. Builders R Us must report this transaction as it involves a supply for payment for a short-term lease of goods and does not involve the exchange of ownership of the goods.
Reporting Timelines
Operators are required to report bi-annually:
For transactions from 1 July to 31 December, the report is due by 31 January of the following year.
For those from 1 January to 30 June, the deadline is 31 July of that year.
Penalties & Compliance
EDP operators should ensure the accuracy of their reports, and penalties might be imposed for late or incorrect submissions. The ATO will provide support to ensure you understand and meet your obligations.
We strongly urge our valued clients to evaluate their operations considering these updates and to provide us with the necessary information to ensure compliance. Should you have queries or require guidance, our dedicated team is here to assist.
Stay informed, stay compliant!
Disclaimer: This article aims to provide a summary of the recent ATO updates regarding SERR. For a comprehensive understanding, please refer to the official ATO guidelines or consult with our team.