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Eight ACC Traps

Nick Roberts • July 23, 2015

At this point the client lost interest, presumably because he thought I would charge him for looking at the bill. Reflecting upon this later, it always surprises me why clients pay ACC bills without question yet always ask about their Income Tax bills. Many ACC bills are incorrect and as ACC is expensive you can end up paying much more than you should.

Here are some common traps to watch out for:

  1. Wrong ACC Classification. Make sure ACC know your correct levy classification e.g. what your trade or profession is. If they don't know (and even sometimes when they do know!) they choose an expensive trade as the default classification - manufacturing seems to be their favourite! This could double your ACC bill.
  2. Multiple Activities . If you operate more than one trade in the same entity then you get charged ACC on the riskiest classification. To get round this it may be worth operating through more than one entity as the alternative (keeping very detailed and extensive records of each activity) is very difficult and rarely accepted by ACC. Otherwise, if the income from the risky activity is low it may not be worthwhile even doing!
  3. More Than One Source of Income. If you have different sources of income e.g. employed as well as self-employed or two employments, you can pay too much ACC unless you tell ACC and ensure that they are fully aware of your circumstances. Often you can only get the ACC back after the end of the tax year.
  4. Passive Income. Some types of income, although originating from business, are regarded as "passive" for ACC purposes and ACC is not charged e.g. rental businesses where you use a rental agent or where you own a farm but use a sharemilker. If you're running the rental property through a company, and distribute the income as shareholder salary, this would also be levied as active income. Where income from 'passive' rental has been distributed to the shareholder as dividends, these are not subjected to ACC levies.
  5. Incorrect Full Or Part-Time Classification. Your ACC bill depends on your full or part-time status, dependent on whether you work 30 hours or more a week. Information on your full or part-time status no longer flows through to ACC's database from the IRD. If you held part-time status last year and this year your earnings crossed the threshold you will receive a letter from ACC automatically confirming your change to full-time status. In all other scenarios it is up to you to formally confirm a change of status with ACC. The other point about being part-time is that you will only pay ACC premiums on your actual earnings whereas if you are regarded or treated as full-time, you will pay ACC premiums on the current level of minimum earnings as set by ACC, currently $29,640.
  6. Dialling Down ACC Cover with Cover Plus Extra Without Income Protection Or Life Cover. You can cut your ACC bills considerably by opting for ACC Cover Plus Extra whereby you agree the level of cover with ACC which suits you. If, for example, you are well off you may be able to cope without income for some while. Or perhaps your business will continue to make money irrespective of whether you are able to work in the business. Or maybe your spouse can support you? However, it is important to make sure that you don't reduce (called dialling down) your ACC cover without adequate income protection insurance or life cover.
    ACC Fatal Death Benefits are very substantial where children are involved and not to be missed out on. Take, for example, an earner on $80,000 income who dies an accidental death with a spouse and two children of 4 and 7. Collectively they will receive benefits of over $1m. If, on the other hand, the earner had reduced his ACC income to $22,000 the benefits would reduce to $368,000, a very substantial reduction indeed!
  7. Tax Deductible. Not all ACC levies are tax deductible. In particular, for shareholder-employees only part of the ACC levy is deductible and neither can you recover all of the GST added to the levy. If you are a shareholder employee and have opted For ACC Cover Plus Extra then all of the ACC levy is deductible but it becomes employment income to the shareholder-employee which defeats the object somewhat. The GST on ACC Cover Plus Extra for shareholder-employees is only recoverable if they are GST registered.
  8. Non-Fieldwork Spouse/Partner. It's very common in husband and wife businesses for the husband to be out doing the fieldwork and the wife to be in the office. Unless the wife is on ACC Cover Plus Extra she still gets charged ACC based upon her husband's trade. One way round this (other than the hassle of applying for Cover Plus Extra) is to operate via a partnership whereby the wife will pay ACC on her own activity.

ACC can make a huge difference to your life and prosperity, so it's best to get it right! At A+BAC we are experts on ACC and can guide you through the complexities.

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