Life Insurance Remuneration Reform Regulations

The Government has released draft regulations that will support the Government’s life insurance reform package to better align the interests of financial firms with consumers.

Remuneration relating to life insurance advice provided outside of superannuation was excluded from the ban on conflicted remuneration (remuneration likely to influence advice) introduced under the Future of Financial Advice (FOFA) laws.

A series of reports, including a review the Australian Securities and Investments Commission (ASIC), the industry-commissioned Trowbridge Report and the Financial System Inquiry (FSI), identified the need to better align the interests of providers of financial advice in the life insurance sector with consumer outcomes. As part of its response to the FSI, the Government announced that it would support a reform package put forward by industry.

The reform package introduced by the Life Act removes the exemption from the ban on conflicted remuneration, and introduces caps under which commissions will be permitted to be paid, as well as arrangements to ‘clawback’ commissions where policies lapse in the first two years. The reforms will commence on 1 July 2016.

The Regulation supports the reform package introduced by the Life Act by:

  1. allowing the temporary inclusion of stamp duty relating to death benefits to be included in commission calculations while industry update its information technology systems;
  2. prescribing circumstances where ‘clawback’ does not apply, such as in situations where a policy is cancelled automatically due to the age of the insured or where a premium rebate is offered to encourage customers to take up a policy; and
  3. ensuring that existing life insurance remuneration arrangements are grandfathered in a manner broadly consistent with FOFA by ensuring that remuneration arrangements not effectively grandfathered by the Life Act
    (i.e. employee-employer remuneration arrangements) are explicitly grandfathered in the Regulation. Grandfathering means that the existing rules continue to apply to existing arrangements, while new rules apply to new arrangements.

Closing date for submissions: Thursday, 28 April 2016

Forecasting Ain’t Easy

Warren Tease, Principal Adviser, Macroeconomic Conditions Division spoke at CEDA’s Economic and Political Overview Conference about forecasting in Treasury.

Most forecasts for growth in most economies have been persistently too high over the past few years.

In that time, a key feature of the forecasts for the global economy and for Australia has been the persistent downgrading of forecasts. The pattern of downgrades is clear. In almost every year since the crisis, forecasters have been too optimistic about the outlook for growth. Treasury’s forecasts have exhibited the same behaviour. This persistent bias is perhaps the most unusual attribute of recent experience, at least in Treasury’s case, as past forecasting reviews have shown that Treasury’s real GDP forecasts have not exhibited persistent errors over time.

Digging a little deeper into this quantitative work I would also observe that Treasury’s forecasts did well in normal times but were challenged when conditions were unusual.

Thus, while there was no evidence of persistent errors over a very long time period, Treasury’s forecasts were punctuated by persistent and sometimes large errors over horizons relevant for policy makers and their advisers.

This can be seen in the following chart which compares Treasury’s forecasts of nominal GDP growth with actual outcomes since the early 1990s. I use nominal rather than real GDP as it is a key input into forecasting budget outcomes.

Chart 2 — Nominal GDP Forecasts and Outcomes

Source: Budget papers and ABS cat. no. 5206.0

It shows three distinct periods of forecast errors. Forecasts regularly overestimated nominal GDP growth in the early 1990s and after the financial crisis while understating outcomes for most of the 2000s prior to the crisis.

Each of these episodes coincided with Treasury persistently erring in its inflation (measured by the GDP deflator) forecasts. This observation has been made in each of the previous forecast reviews.

As previous reviews noted Treasury missed the decline in inflation in the early 1990s.

More recently, the forecasts did not incorporate fully the impact of the unprecedented rise then fall of commodity prices. In the upswing, Treasury’s forecasts did include projections that prices would eventually fall but these proved to be wrong as prices continued to increase. In the downswing, prices have fallen more rapidly than Treasury’s assumptions implied. Heightened volatility in Australia’s terms of trade has made it more difficult to forecast nominal GDP outcomes.

While difficulty in forecasting the GDP deflator has been a feature of Treasury’s (and others’) forecasts, past reviews have shown that its real GDP forecasts were more accurate and unbiased. Therefore, it is the persistent errors in Treasury’s real GDP forecasts of the past few years that have been unusual.

The chart shows that in the 1990s and 2000s there was no distinct under or overestimate in Treasury’s forecasts for the real economy. However, since the crisis Treasury, like the other forecasters presented earlier, has for the most part overestimated real GDP growth.

Chart 3 Real GDP Forecasts and Outcomes

Source: Budget papers and ABS cat. no. 5206.0

Now I do not wish to push this point too hard as the sample set is very small but it is consistent with what we are seeing across a range of forecasters and countries.

He has reviewed the forecasting approach, and concluded that in Australia a smaller number of input metrics have been used, compared with other countries. In addition Australia, as an open economy is wide open to international factors which impact locally.

“For a small open economy like Australia, persistent and short-term deviations from trend are likely to be driven by global economic shocks, large changes in commodity prices or from the financial sector. Other factors could also be important but these three factors encompass much of Australia’s experience with shocks.”

Finally, there is a bias towards trend performance, so any deviation is harder to cope with.

“It means that Treasury’s forecasting approach is likely to generate reliable forecasts at times when economic conditions are normal but will be challenged at other times.

There is a therefore a high probability that structural changes or persistent shocks will not be adequately incorporated into the forecasts”.

Good to see a discussion about the complexity of forecasting in a volatile environment. We should not be taking their projections as gospel truth. Forecasting ain’t easy!

Government Consults On Tax Incentives For Early Stage Investors

A cornerstone of this consultation is the definition of an innovation company. The Government is keen to hear from stakeholders on the appropriate definition of an innovation company and how the eligibility principles and criteria can leverage off existing industry concepts and business practices.

On 7 December 2015, the Government announced the National Innovation and Science Agenda (NISA), including new tax incentives for early stage investors.

The tax incentives will provide concessional tax treatment for investors through a non-refundable tax offset and a capital gains tax (CGT) exemption on investments that meet certain eligibility criteria.

The tax incentives are designed to encourage investment into Australian innovation companies (innovation companies) at earlier stages, where a concept has been developed, but the company may have difficultly accessing equity finance to assist with commercialisation. Separate initiatives have been announced relating to investment at later stages, including reforms to early stage venture capital limited partnerships (ESVCLP) and venture capital limited partnerships (VCLP). These separate reforms will apply from the 2016-17 income year.

The tax incentives for early stage investors measure is being developed in a way that is cognisant of these different stages of financing and the availability of other initiatives specifically targeted at companies at a later stage of development. The Government is mindful that innovation companies beyond a certain size should still be able to benefit from Australia’s existing venture capital regime.

The approach taken for the incentives has been informed by the work of other jurisdictions including the United Kingdom and Singapore, however the approach that has been developed is specific to the Australian economy and adapted to suit the Australian tax system. The Government is developing a principles-based approach to the design of the legislation for this measure that will help to ensure that the incentives continue to encourage investment into the future as technologies and business activities change.

OVERVIEW OF THE NEW TAX INCENTIVES

These incentives will provide eligible investors with a 20 per cent non-refundable tax offset for the amount paid for newly issued shares in an innovation company, where the amount is paid either directly to the innovation company or indirectly through a qualifying innovation fund. An investor can invest in innovation companies; innovation funds; or into both. As the offset is non-refundable, it will only be of immediate benefit where the investor has a tax liability. However, where an investor cannot use the tax offset in the relevant income year they may carry it forward to use in a future year. The tax offset will be available to both residents and non-residents.

There are a number of ways to define an innovation company. Adopting a principles-based approach will provide a conceptual framework and ongoing flexibility. This, in turn, will be supported by specific eligibility criteria (safe harbours or gateway criteria) to provide greater certainty for potential investors and innovation companies. It is also anticipated that specific exclusions will apply to activities that do not align with the policy intent of the tax incentives.

An eligible innovation company must meet the following criteria:
• was incorporated in Australia during the last three income years;
• had assessable income of $200,000 or less in the prior income year;
• had expenditure of $1 million or less in the prior income year; and
• is not an entity listed on any stock exchange.

Investors will receive a non-refundable tax offset of up to $200,000 (on an affiliate-inclusive basis) for investments (direct or indirect) in eligible innovation companies in an income year. This means that for investments up to $1 million, investors receive the full 20 per cent non-refundable tax offset. Where the offset is carried forward and further eligible investments are made, the offset that may be claimed in any one year is capped at $200,000. Investment amounts greater than $1 million in an income year do not increase the amount of the offset available. Investments over $1 million still benefit from exempt capital gains, see below. The cap applies on an affiliate-inclusive basis in order to prevent entities entering into arrangements to circumvent the cap.

In addition to receiving a tax offset, investors (including a qualifying innovation fund) will not pay any CGT on gains from the disposal of shares in an innovation company provided those shares are held for at least three years. This applies to both resident and non-resident investors.

Where shares are held for more than 10 years, any incremental gain in value after 10 years will be subject to CGT and deemed to be on capital account. In this situation, the entity receives a first element of the cost base (or reduced cost base) equal to the market value calculated on the tenth anniversary of the date of acquisition.

Capital losses will be unavailable for shares issues as part of these tax incentives for early stage investors. In place of capital losses, immediate tax offsets are available subject to the income year offset cap. In order to achieve this result, the investor will initially treat the acquired shares as having a CGT reduced cost base of nil.

Closing date for submissions: Wednesday, 24 February 2016

The Budget Conundrum

John Fraser’s speech yesterday as Secretary to the Treasury, is significant because it does highlight some of the key issues driving future economic outcomes, and even our credit rating.

“The clear message is that we cannot rely on any cyclical bounce to reduce outlays as a percentage of GDP or, for that matter, the deficit. We are not in a crisis. But the Budget is rightly a focus of attention”.

“We have a structural budget problem that arose before the global financial crisis. A very substantial amount of the revenue windfall was used to lock-in long-term spending commitments”.

“Much of the deterioration in the budget position has been the result of revenue collections falling short of forecasts as we experience the flipside of the mining investment boom”.

“As a result, at 25.9 per cent of GDP, spending in 2015 16 is forecast to be close to the post-GFC peak, and could have been higher were it not for the measures taken by the Government in MYEFO”.”The Commonwealth’s interest bill has reached over a billion dollars a month. This is projected to more than double within the decade, unless action is taken to improve our budgetary position”.

“The Commonwealth achieving surpluses means that the States can run small overall deficits that they can use to finance productive infrastructure investment. This was a key conclusion of the 1993 National Savings Report commissioned by the then Treasurer, John Dawkins. In my view, this is still a sound framework for thinking about fiscal policy today. The rising structural deficits and debt give rise to intergenerational issues”.

“Around two-thirds of Commonwealth public debt is held by non-resident investors. This share has risen since 2009 and remains historically high. This, if anything, leaves Australia’s fiscal position a little more exposed to shocks in global capital markets”.

“It’s important that Australia maintain its top credit ratings, which helps to contain the costs associated with servicing public debt. Australia is one of only ten countries with a triple A credit rating from all three of the major rating agencies, reflecting our reputation for fiscal prudence”.

“But there have also been a number of policy decisions over recent years that have pushed the ratio higher: including increasing base pensions and supplementary payments, increased Defence operations and border protection spending, expenditure related to the carbon compensation package and the outcomes of negotiations around the repeal of the Minerals Resource Rent Tax. And the Government continues to face spending pressures”.

“There are many worthwhile spending programs and, every year, there are more good ideas than government resources to support them. There is also often, a mismatch between what the community expects the government to support and what they are prepared to pay for either in tax or in user charges. In framing budgets, we are really asking ourselves now and in the longer term what sort of society we want to have”.

“The ageing of Australia’s population will weigh heavily on Australia’s potential growth rate and long-term fiscal position. Demographic and broader medium-term pressures will place greater demands on government finances, making deficit and debt reduction more difficult”.

“Structural reform is critical and this includes reforming competition policy and implementing the Harper Review recomendations”.

“Improving productivity is a far more sustainable way to boost economic growth than relying unduly on an exchange rate depreciation”.

“These growth-enhancing policies also very much include tax reform. Tax is not just about raising revenue, it is also about helping to shape the economy so that we attract and deploy resources in a manner to promote long term growth. The arguments for a tax mix switch rest heavily on encouraging more jobs through a higher growth path. Tax reform is a complex issue and is very much the focus of the Government at the current time”.

Government Releases Crowd-Sourced Equity Funding Framework

Crowd-sourced funding (CSF) is an emerging form of funding that allows entrepreneurs to raise funds from a large number of investors. It has the potential to provide finance for innovative business ideas and additional investment opportunities for retail investors, while ensuring investors continue to have sufficient information to make informed investment decisions.

The Government released its draft framework for consultation today.

The Bill will remove regulatory barriers to CSF, and will make available a new funding source for businesses. It is expected that the overall ‘per business’ compliance costs for issuers that participate in crowd-sourced funding will decline. However, given the likely growth in the number of businesses raising funds through these arrangements, the aggregate compliance burden over the economy is expected to increase.

A number of recent reviews have identified the potential of CSF to provide new and innovative businesses with access to the finance they need to develop their product or service and grow.

  1. The Government’s Industry Innovation and Competitiveness Agenda, released in October 2014, called for consultation on a regulatory framework for CSEF.
  2. The Murray Inquiry into Australia’s financial system, released by the Government in December 2014, specifically recommended reducing regulatory impediments to crowdfunding by introducing graduated fundraising regulation. In its response to the Inquiry, released in October 2015, the Government accepted this recommendation.
  3. The Productivity Commission’s Business Set-up, Transfer and Closure draft report, released in May 2015, also supported the introduction of a CSEF framework.

Earlier in December, Minister for Small Business and Assistant Treasurer the Hon Kelly O’Dwyer said

“Today’s announcement is a key priority of the Turnbull Government’s National Innovation and Science Agenda”.

“CSEF or crowd funding is an emerging way for start-ups and early stage businesses to access the funding and investors they need, while maintaining adequate protections for retail investors who share in the risks and successes of these businesses.

“Following extensive consultation, the legislation will allow unlisted public companies with less than $5 million in assets and less than $5 million in annual turnover to raise up to $5 million in funds in any 12 month period.

“Companies that become an unlisted company in order to access crowd-sourced equity funding will receive a holiday of up to five years from some reporting and governance requirements.

“The Turnbull Government recognises the need to allow investors to make informed decisions and companies raising funds through crowd funding will be required to release an offer document.

“While investors will be able to invest an unlimited sum in crowdfunding, there will be a cap of $10,000 per issuer per 12-month period to ensure that mum and dad investors are not exposed to excessive risks.

“Australia’s CSEF model is competitive globally with the issuer cap of $5 million each year higher than the US and New Zealand cap, and the investor cap of $10,000 per issuance higher than the average in New Zealand and the UK.

“Intermediaries will play an important gatekeeper role and will need to conduct checks on companies before listing their offer. Intermediaries will be required to hold an Australian Financial Services Licence, providing issuers and investors with confidence in the integrity of the intermediary.

“Ongoing responsibility for issuing licenses for intermediaries and monitoring the operation of the crowd-sourced equity funding framework will sit with ASIC.

“Regulations to support the framework for crowd-sourced equity funding will be released for consultation shortly. The Government will also consult on options to facilitate crowd-sourced debt funding in 2016,”

Closing date for submissions: Friday, 29 January 2016.

Medium Term Macroeconomic Expectations Sees GDP Lower

A significant speech by Nigel Ray, Deputy Secretary, Macroeconomic Group, The Treasury.  The latest data on the population and labour force trends suggest that potential output will be lower than estimated at Budget. So potential GDP will grow by around 2¾ per cent over the next few years, lower than the 3 per cent estimated at Budget.

There was criticism of the Budget that the projections for real GDP growth over the medium term were too high.

Some have suggested these projections were raised in order to improve the Budget position. Can I say at the outset that this claim is simply not true. In fact, when Treasury introduced the current methodology in the 2014-15 Budget, we published analysis in a separate Working Paper showing that the impact of these changes on the underlying cash balance was very small – an increase of just one-tenth of a per cent of GDP by the end of the medium term.

It is true that Treasury’s framework assumes that the economy will grow faster than potential for a period into the medium term.

This reflects our estimates that the economy is currently operating well inside the limits of its productive capacity, following a period of below-potential growth over recent years. This view is supported by the slow growth in wages and prices that we are currently seeing.

We expect the economy will still be operating with excess capacity by the end of the forecast period in June 2017, even factoring in a modest pick-up in growth over the next two years.

In these circumstances, we assume that necessary adjustments in prices and wages will see the economy’s spare capacity absorbed and the unemployment rate decline towards the non-accelerating inflation rate of unemployment (NAIRU) over a number of years. Similar approaches are used by the Congressional Budget Office in the United States and the UK’s Office for Budget Responsibility.

Our previous approach was to assume that the unemployment rate returned to the NAIRU in the first year of the projection period. This assumption had the considerable benefit of simplicity. And so it had merit when the unemployment rate was not far from the NAIRU. But it was (rightly) criticised as being an unrealistic assumption in circumstances where the unemployment rate was expected to be significantly above the NAIRU by the end of the forecast period.

And in such circumstances, the methodology suffered from internal inconsistencies. While the unemployment gap was assumed to close, the output gap was implicitly retained.

Another alternative is to assume that an output gap will exist indefinitely, and that the unemployment rate will remain above the NAIRU. Apart from also being unrealistic, the assumption that cyclical unemployment will last indefinitely would seem odd given that policy settings are designed to avoid this very thing.

Instead, our approach is to assume that the economy’s output gap will be absorbed over a period. History suggests this takes about five years. For simplicity, we assume that the adjustment takes place evenly over these five years.

By definition, the closing of the output gap requires real GDP to grow faster than potential over this time.

While involving some necessary simplifications, this approach is consistent with historical experience where the economy has tended to grow above potential for a number of years in a row following a period of sustained weakness.

Chart 10: Real GDP growth

 

Source: ABS Cat. No. 5204.0 and 2015-16 Budget forecasts.

To implement the methodology we need estimates of the level of potential GDP now and into the future. Potential GDP is not a quantity that we – or anyone else – can directly observe, either now or over history. Instead, we have to use the best methods at hand and the best available data to estimate it. To do this, we estimate trends and make assumptions about each of the economy’s supply side drivers – population, participation and productivity.

Once we have estimated the current level of potential GDP, the next step is to project how potential GDP will evolve over time – that is, we estimate the future growth rate of potential. Again, we do this for each of the 3Ps separately.

Population projections are based on the latest population figures from the ABS and net overseas migration estimates from the Department of Immigration and Border Protection, together with our estimates of fertility and mortality. Projections of the trend participation rate and average hours are built up from age and gender-specific labour force data.

For labour productivity, we assume trend growth of 1.6 per cent, which is the 30-year historical average and is consistent with our approach in the Intergenerational Report.

But none of these numbers is set in stone.

And like similar national economic advisers overseas, Treasury continually reassesses its estimates of potential growth and the size of the output gap in light of new data and new methods.

New evidence on the size of the population suggests that Australia’s current productive capacity is slightly lower than we estimated at the time of the Budget in May.

Australia has experienced rapid population growth over the past ten years, fuelled by solid increases in net overseas migration. This came on the back of our relatively strong economic performance and low unemployment compared to other countries. But as economic growth has softened, recent immigration outcomes have come in lower than the Department of Immigration and Border Protection initially expected. This mainly reflected declines in temporary visa holders and lower net migration from New Zealand.

Chart 11: Revisions to growth in working-age population

 

Source: ABS Cat. No. 6202.0 and Treasury.

The revised data from the ABS – shown in the blue line in the chart – showed that growth in the working-age population slowed to 1½ per cent over the year to June 2015, well below the Budget assumption of 1¾ per cent and for that matter well below its average yearly growth over the past ten years (also 1¾ per cent). Like the Reserve Bank, we expect Australia’s population to continue to increase at around its current, slower rate of growth over the next few years.

This has immediate and unavoidable consequences for the economy’s potential: fewer people means a smaller supply of employees. So for a given capital stock and level of productivity, we can now produce less output overall than we previously estimated.

We have also reconsidered the contribution of average hours worked to potential GDP going forward In light of new data. The latest quarterly data suggest that a larger portion of the decline in average hours reflects trend rather than cyclical factors, implying that the previous recovery in average hours factored into our projections may be too large. Our revised estimates of trend are shown in the solid red line in the chart.

Chart 12: Average hours worked – trend and cycle

 

Source: ABS Cat. No. 6202.0 and Treasury.

Taken together, the latest data on the population and labour force trends suggest that potential output will be lower than estimated at Budget. We now think potential GDP will grow by around 2¾ per cent over the next few years, lower than the 3 per cent estimated at Budget.

It’s also worth noting that the ageing of the population means that the economy’s potential growth rate is projected to fall slowly over time, reaching 2½ per cent by 2050.

As a consequence of these changes, the output gap will be smaller than estimated at Budget. The chart shows our latest estimates of the history of the output gap, compared with Budget.

Chart 13: Output gap estimates

 

Source: ABS Cat. No. 5206.0 and Treasury.

We will finalise our forecasts for MYEFO after the national accounts are released next week and in light of our latest business liaison round, which we completed last week. Those forecasts will inform our estimate of the output gap at the end of 2016-17 and so the pace at which the economy will need to grow to close it over the following five years.

But it is likely that, on average, we won’t have to grow quite so fast to get there as we previously thought. The economy will of course, by definition, still have to grow a bit faster than potential.

It needs to be remembered that Treasury forecasts the economy predominantly to inform the budget. While our analysis of the economy also informs policy development more broadly, it is the need to prepare estimates of revenue and expenditure over the forward estimates and beyond that drives our approach.

And it is nominal GDP that matters for revenue.

When unemployment is above the NAIRU, it is reasonable to expect that wages and prices will grow more slowly than usual. That effect was one of the main reasons why the change in methodology in 2014 had a smaller fiscal impact than many commentators expected.

The slower price growth drags directly on the dollar-value of the economy’s output, muting the effect on revenues of strong growth in output volumes.

And whereas the economy fully recovers lost ground on output volumes over the assumed period of cyclical adjustment, this is not the case for nominal GDP. The dollar value of the economy’s output that is lost to slow price growth over the medium term is lost forever.

Changes in population, prices and the number of people unemployed will all affect estimates of expenses. The Government will publish revised estimates of the projected medium-term fiscal position in MYEFO. Compared with the Budget base, it is reasonable to conclude that the changes to population and hours worked that I have outlined would, everything else equal, lower the path of the projected underlying cash balance.

It is important to reiterate that this all rests on our economic projections, which are based on a set of assumptions about how the economy works:

  • assumptions about the supply-side drivers of Australia’s productive capacity – about population, participation and productivity; and
  • assumptions about the time it takes to return the economy to potential output through adjustments in prices and quantities in the labour market.

There are a number of reasons why our projections could be wrong.

The output gap might be smaller than our estimates. Our revised projections reflect the recent downgrades to historical population data. But if trend participation is lower than our estimates, this might mean potential output, and the output gap, is smaller than the projections assume. As a result, the economy might not need to grow as fast to return to potential. Present conditions in the labour market – the wage price index is growing at its slowest pace on record – and measures of underutilisation suggest there is a large amount of spare capacity in the economy. To us, this signals that there is currently a large output gap even when we factor in lower population growth.

The NAIRU might be higher than our estimated 5 per cent. This would also narrow the output gap as it would erode Australia’s available labour resources. Our experience during the mid-2000s provides some reassurance that the NAIRU is about 5 per cent and that we can operate with an unemployment rate around this level without inflation rising too much.

On the other hand, long periods of high unemployment, and in particular, widespread long-term unemployment, could cause a structural lift in the non-accelerating inflation rate of unemployment. You might expect this outcome in periods of excessively high unemployment where the long-term unemployed lose skills and their connection with the labour market. However we are not now in a recession. And Australia’s current long-term unemployment rate is nowhere near what it was in past recessions.

Productivity growth could be slower than it has been in the past. Our projections assume labour productivity will grow in line with its average rate of growth over the past 30 years. Productivity could grow more slowly because of structural shifts in the economy. As services become a bigger part of our economy, productivity growth could ease. Equally, breakthrough innovation and the realisation of productivity gains from current technologies could see productivity grow faster than it has in the past.

This heavy reliance on this set of assumptions highlights the need for Treasury to continue to expose our frameworks and assumptions to outside scrutiny.

We regularly check our methods against the best approaches used by forecasters both domestically and overseas. And our methodologies are published in working papers that are freely available online – this includes our methodology for the medium-term projections. We are releasing today a short note that sets out in more detail our updated estimates of potential growth and the output gap.