Business Funding Application Form

Businesses are eligible to apply for the COVID-19 Small Business Rates Relief Grant provided they meet the
following criteria:

• Have an Australian Business Number (ABN)
• Are a small business as defined by the Australian Bureau of Statistics (fewer than 20 employees)
• Have either a lease on a premise in the City of Kalamunda; OR
• Are the registered owner of a small business in the City of Kalamunda and were carrying on the operation of a business as at 1 March 2020
• Have an annual turnover of more than $75,000 (excluding GST)
• Have been subject to closure or highly adversely impacted by COVID-19 related restrictions^
• The enterprise does not engage in illegal activity.

^ Businesses eligible for the Commonwealth JobKeeper payment will be deemed to be highly adversely impacted by COVID-19 restrictions.

Applicants must certify that they meet the eligibility criteria when submitting an online application.

If any information provided is found to be false or misleading, the grant will be repayable on demand.

If you require further information to participate in the program please refer to FAQs or contact enquiries@kalamunda.wa.gov.au

The City of Kalamunda reserves the right to amend these guidelines and application terms as required.

Applicants should be aware that the City of Kalamunda is subject to certain legislative and administrative accountability and transparency requirements of the Local Government Act and Freedom of Information Act, including public disclosure in accordance with the Public Interest Disclosure Act 2003.

The City of Kalamunda will treat all information provided by applicants sensitively. Any information contained in, or relating to, an application, including information identified by an applicant as confidential, may be disclosed by the City of Kalamunda:

• to its employees, advisers or third-parties in order to assess and process an application;
• where information is authorised or permitted by law to be disclosed; and/or
• where the information is already in the public domain.

The City of Kalamunda will not contact you via text message regarding your application. Please ignore any text messages claiming to relate to the COVID-19 Crisis Relief Fund.

• Can I access the Grant if I am a non-employing business?
  The Small Business Grant is open to businesses that have employed staff during 2019-20 and had employees as at 1 March 2020. If your business has had to let staff go after 1 March 2020 as a result of closure or being highly impacted by shutdown restrictions announced by the Government to-date, subject to meeting the other eligibility criteria you will be eligible to apply for this grant.
  
• Is a contractor considered an employee for the purpose of assessing eligibility for the Grant?
  Generally, to be considered an employee, staff must be under the control of the business, and have Pay As You Go Withholding amounts and superannuation paid by the employer.
   
  
• Are sole-traders eligible for the Grant?
  A business or not-for-profit must have employed staff as at 1 March 2020 to be eligible for the grant. Generally, to be considered an employee, staff must be under the control of the business, and have Pay As You Go Withholding amounts and superannuation paid by the employer. An owner is not considered to be an employee for the purpose of the Grant.
  
  
• Are partners in a partnership eligible for the Grant?
  A business must have employed staff as at 1 March 2020 to be eligible for the grant. Partners are not considered to be employees for the purpose of the Small Business Grant.
  
  
• Are directors or shareholders of a company deemed to be an employee for the Small Business Grant?
  A company can employ a director or shareholder in a role other than a director or shareholder. The employee would receive a wage and Pay As You Go Withholding amounts and superannuation would be paid by the employer. Where the company employs workers, including a director or shareholder, they are be eligible for the Grant.
  
• Why are applications only open to businesses with an annual turnover of more than $75,000?
  Businesses with a turnover below this level are likely to be sole traders that do not employ people or not the only source of business/income for the owners. $75,000 is also the threshold for when the Australian Taxation Office requires a business to register for GST.
  
  
• How do I calculate turnover?
  Turnover will be defined according to the current calculation for GST purposes and is reported on Business Activity Statements. It includes all taxable supplies and all GST free supplies but not input taxed supplies. Under the GST law, only Australian based sales are included and therefore, only Australian based turnover is relevant.
  
• What evidence do I need to provide to prove my business has an annual turnover of more than $75,000?
  A Business Activity Statement (BAS) is required as evidence that your business has an annual turnover of more than $75,000. If you are unable to provide a BAS, you must provide business bank statements to evidence that your business activities in the 2018-19 or 201920 financial year meet the eligibility criteria.
  
• I am registered for GST, however my turnover was below $75,000 in 2018-19 and is likely to be below $75,000 in 2019-20. Can I still apply? No, eligibility requirements are for turnover greater than $75,000 in 2018-19 or 2019-20.
  
• What are acceptable versions of BAS?
  Evidence must clearly indicate that the business activity statement has been lodged with the ATO (lodged Business Activity Statements are available on the ATO’s Business Portal or through your tax agent). Activity has occurred in FY2019-20 (can be either monthly or quarterly BAS, depending on how your business reports).
  If on an ATO letterhead – it should include the phrase “Activity Statement”. Multiple forms of evidence may make up an acceptable submission, as long as there is:
  • Evidence it has been lodged with the ATO (could include payment confirmation).
  • An ABN (first 11 digits of BPAY reference may include ABN if not stated elsewhere).
  • Activity has occurred in the current financial year.
    
• How much can my business apply for under the Grant?
  Small businesses can apply for a one-off grant of $1,000 to pay local government rates, fees or charges.
  
• What if my total Australian taxable payroll was over $1.5 million in 2018-19 but is now expected to be below $1.5 million in 2019-20 due to impacts from the COVID pandemic?
  You can apply for the payment if you expect that your payroll will be below $1.5 million in 2019-20.
  
• I have applied for JobKeeper, can I still apply?
  Yes. You may upload evidence of your JobKeeper approval if available, such as a screen shot of your eligibility confirmation from the ATO or a bank statement demonstrating receipt of JobKeeper payments.
  Note that you may be required to provide evidence of your eligibility at a later date, in accordance with the grant Terms and Conditions
  
• Are JobKeeper payments included to calculate the payroll threshold ($1.5 million total Australian taxable payroll)?
  JobKeeper payments are excluded from the calculation of total Australian payroll.
  
• What constitutes ‘highly impacted’?
  A small business eligible for the Commonwealth JobKeeper payment will be deemed to be highly impacted.
  
• What businesses are subject to closure?
  Businesses subject to closure are based on directions issued by the WA Department of Premier and Cabinet relating to COVID-19. For further information see: https://www.wa.gov.au/organisation/department-of-the-premier-and-cabinet/covid-19-coronavirus-business-and-industry-advice
  
• My industry wasn’t directed to close, but my business has been highly impacted. Can I still apply for the Grant?
  Yes, provided you are eligible for the Commonwealth JobKeeper Program. You may upload supporting evidence to demonstrate eligibility for the Commonwealth JobKeeper program, such as a screen shot of your JobKeeper eligibility or bank statement demonstrating receipt of Jobkeeper payments. Note that you may be required to provide evidence of your eligibility at a later date, in accordance with the grant Terms and Conditions.

AGREED TERMS

1. FUNDING AND INVOICING
   • 1.1 The Recipient must not issue a Tax Invoice in respect of a Taxable Supply.
2. 2. PROVISION OF INFORMATION
   • 2.1 If the City of Kalamunda reasonably suspects that the Recipient was not eligible for the Grant, it may request additional information from the Recipient and the Recipient must promptly comply with such request.
3. INSPECTION
   • 3.1 The Recipient must allow any officer or person authorised by the City of Kalamunda on the giving of reasonable notice, to enter the premises of and to inspect the operations of the Recipient and interview the Recipient’s personnel on matters pertaining to the operations of the Recipient and the Recipient’s eligibility for the Grant.
4. DEFAULT AND TERMINATION
   • 4.1 If City of Kalamunda determines that the Recipient:
     • (a) provided false or misleading information in its Grant application
     • (b) is otherwise ineligible for the Grant or
     • (c) has failed to comply with this Agreement at any time. City of Kalamunda may upon giving written notice to the Recipient:
     • (a) require the Recipient to repay either the whole or a portion of the Grant (whether expended or not) within 30 days of a written demand from City of Kalamunda, and the Recipient will comply with such demand
     • (b) withhold funds not already paid
     • (c) withhold future funding from the Recipient and/or
     • (d) terminate this Agreement.
5. EFFECT OF ENDING THIS AGREEMENT
   • 5.1 Any termination of this Agreement does not affect any accrued right of either Party.
   • 5.2 Despite termination or expiry of this Agreement, this clause 5 and clauses 2, 3, 4, 6 and 7, will survive.
6. CONTRACT DISCLOSURE
   • 6.1 City of Kalamunda may disclose this Agreement and/or information in relation to this Agreement in either printed or electronic form, and either generally to the public or to a particular person as a result of a specific request.
   • 6.2 Nothing in this clause derogates from:
     • (a) the Recipient’s obligations under any provisions of this Agreement; or
     • (b) the provisions of the Freedom of Information Act 1992 (WA).
7. GOVERNING LAW AND JURISDICTION
   • 7.1 This Agreement is governed by the laws in the State of Western Australia.
   • 7.2 The courts of the State of Western Australia have exclusive jurisdiction in connection with this Agreement.
8. ENTIRE AGREEMENT
   • 8.1 This Agreement constitutes the entire agreement between the Parties in respect of the matters dealt with in this Agreement and supersedes all prior agreements, understanding and negotiations in respect of the matters dealt with in this Agreement.
9. NO ASSIGNMENT
   • 9.1 The Recipient must not assign, encumber or otherwise transfer any of its rights or obligations under this Agreement without the written approval of the City of Kalamunda.
10. MODIFICATION
    • 10.1 No addition to or modification of any provision of this Agreement will be binding upon the Parties unless agreed by the Parties in writing.
11. NO FURTHER OBLIGATION
    • 11.1 The Recipient acknowledges that the Grant represents a one-off payment by the City of Kalamunda, and the City of Kalamunda is under no obligation to agree to pay any subsequent funding to the Recipient.
12. INTERPRETATION
    • 12.1 In this Agreement (unless the context requires otherwise):
      • (a) a reference to any legislation includes:
        • (i) all legislation, regulations and other forms of statutory instrument issued under that legislation and
        • (ii) any modification, consolidation, amendment, re-enactment or substitution of that legislation.
      • (b) a word in the singular includes the plural and a word in the plural includes the singular
      • (c) a reference to two or more persons is a reference to those persons jointly and severally
      • (d) a reference to dollars is to Australian dollars
      • (e) a reference to a Party includes that party’s administrators, successors and permitted assigns.
13. DEFINITIONS
    In this Agreement:
    • (a) “Agreement” includes these Grant Terms and Conditions and the Grant application form.
    • (b) “Grant” means the COVID19 Crisis Relief Funding Assistance received by the Recipient from the City of Kalamunda.
    • (c) “Party” means a party to this Agreement.
    • (d) “Recipient” means the business that has applied for and received the COVID19 Crisis Relief Funding Assistance. 

All questions in the application need to be completed to ensure timely assessment and grant payment.

The online application must be completed by:

• the sole trader: In the case of a business that is a sole trader that employs;
• a partner: In the case of a business that is a partnership that employs; or
• a director, secretary, public officer or equivalent: In the case of a business that is a body corporate that employs.

Note: It is permissible for an agent such as an accountant or lawyer to submit the application on behalf of business provided they have been instructed to do so by the above authorised people.

Applicants must meet the requirements of the grant, including that they employ staff to be eligible.

Applicants are required to provide a copy of their most recent Business Activity Statement (BAS). Other supporting materials can also be provided.

COVID-19 Relief Funds will be provided to successful applicants by the City of Kalamunda. Whether an applicant is successful or not will be determined by the City of Kalamunda in its absolute discretion. To access grant funding, applicants will be required to agree to the Terms and Conditions at the time of application
stipulating obligations and conditions under which assistance will be given to eligible applicants. The City of Kalamunda will not be legally obliged to pay any grant monies to an applicant.

Potential applicants should note that information received in connection with an application may be used and communicated outside the City of Kalamunda for due diligence purposes and may also be provided to the Western Australian Government and third parties engaged by City of Kalamunda to assist with the assessment
and processing of the applications received, together with program monitoring, reporting and evaluation purposes.