The Times Australia
Google AI
Business and Money

Here's a 'frank' fix to make penalties bite

  • Written by Michael William Blissenden, Professor of Law, University of New England

All things considered, Westpac’s record A$1.3 billion fine for breaching anti-money-laundering laws could have been worse.

Each of the alleged 23 million breaches of the Anti-Money Laundering and Counter-Terrorism Act[1] between 2010 and 2018 carried a penalty of up to A$63,000. So the fine might have been more than A$1 trillion.

The A$1.3 billion equates to three months’ earnings for Westpac. It is A$400 million more than the A$900 million the bank set aside in its half-year results (in April). But that didn’t bother the market.

Westpac’s share price[2] ended the week 7% higher.

As Nathan Zaia, an analyst with investment research company Morningstar, explained[3]: “It’s huge. It’s the largest fine in history. It’s an eye-watering number. But it’s already pretty much been expected by the market.”

With Westpac’s annual profit exceeding A$6 billion, and its market capitalisation more than A$60 billion, Zaia said a few hundred million dollars more didn’t “really have much of an impact with the valuation we put on the bank”.

If the biggest fine in Australian corporate history doesn’t make a difference to a company’s share price, it’s hard to see how that fine serves as a deterrent. It is the job of the board and senior management to serve the interests of shareholders. What doesn’t matter to investors won’t matter much to the board either.

There could be a way, though, to use the tax system to give corporate fines more bite, by making shareholders feel more of the pain.

Read more: How Westpac is alleged to have broken anti-money laundering laws 23 million times[4]

What franking credits do

Franking credits – also known as dividend imputation payments[5] – are tax credits provided to shareholders with their dividend payments.

The credits are intended to ensure income from investment is not taxed twice – first by the company paying tax on its profit, then by the shareholder paying income tax on their share of that profit (their dividend).

Read more: Words that matter. What’s a franking credit? What’s dividend imputation? And what's 'retiree tax'?[6]

Franking credits on dividends allow shareholders to cut their tax bills by the tax already paid on the dividend income they receive.

In some cases, thanks to a provision in Australia’s law, where the shareholder pays no overall tax, they can receive a tax refund from the government, a dividend imputation cheque[7], of the kind Labor promised to wind back in the 2019 election campaign.

Franking debits as penalty

There already exists a mechanism to use the imputation system to penalise bad behaviour by companies.

Where a company has not followed the rules relating to franking credits, the tax office can debit the company’s franking account, leaving less to distribute to shareholders as tax credits.

A similar mechanism could be used to impose fines. Instead of the company writing a cheque, the government would debit the value of the fine from the bank’s franking account.

This would directly affect the bank’s capacity to “impute” tax it has paid on profits.

Though the same amount of money imposed as a fine might have little impact on a company’s operations or profits, the loss of franking credits is something shareholders are likely to notice.

Read more: Westpac ticking every anti-money-laundering box wouldn't make much difference to criminals[8]

And if shareholders care, the directors might get the message louder and clearer.

Authors: Michael William Blissenden, Professor of Law, University of New England

Read more https://theconversation.com/record-corporate-fines-dont-deter-heres-a-frank-fix-to-make-penalties-bite-146915

Business Times

Macquarie Capital Investment Propels Brennan's Next Phase of Grow…

Brennan, a leading Australian systems integrator, has secured a strategic investment from Macquarie Group’s principal inves...

Mint Payments partners with Zip Co to add flexible payment option…

Mint Payments, Australia's leading travel payments specialist, today announced a partnership with Zip Co (ASX: ZIP), a digi...

When Holiday Small Talk Hurts Inclusion at Work

Dr. Tatiana Andreeva, Associate Professor in Management and Organisational Behaviour, Maynooth University, Ireland, tatia...

The Times Features

Macquarie Capital Investment Propels Brennan's Next Phase of Growth and Sovereign Tech Leadership

Brennan, a leading Australian systems integrator, has secured a strategic investment from Macquari...

Australia’s Cost-of-Living Squeeze: Why Even “Doing Everything Right” No Longer Feels Enough

For decades, Australians were told there was a simple formula for financial security: get an edu...

A Thoughtful Touch: Creating Custom Wrapping Paper with Adobe Firefly

Print it. Wrap it. Gift it. The holidays are full of colour, warmth and little moments worth celebr...

Will the Australian dollar keep rising in 2026? 3 factors to watch in the new year

After several years of steadily declining, the Australian dollar staged a meaningful recovery in...

The Daily Concerns for People Living in Hobart

Hobart is often portrayed as a lifestyle haven — a harbour city framed by Mount Wellington, rich...

Planning your next holiday? Here’s how to spot and avoid greenwashing

More of us than ever are trying to make environmentally responsible travel choices. Sustainable ...

AEH Expand Goulburn Dealership to Support Southern Tablelands Farmers

AEH Group have expanded their footprint with a new dealership in Goulburn, bringing Case IH and ...

A Whole New World of Alan Menken

EGOT WINNER AND DISNEY LEGEND ALAN MENKEN  HEADING TO AUSTRALIA FOR A ONCE-IN-A-LIFETIME PERFORM...

Ash Won a Billboard and Accidentally Started a Movement!

When Melbourne commuters stopped mid-scroll and looked up, they weren’t met with a brand slogan or a...