EMAIL NEWSLETTER FEBRUARY
2004
Welcome
again to the McLean
and Co. Newsletter
in which we discuss current taxation and business matters. We trust
you find it informative. Any feedback would be welcomed.
McLean
and Co. is a
home based chartered accountancy practice based in Clive, Hawkes
Bay.
Readers are invited to peruse the practice website
www.mcleanandco.co.nz,
which lists
services
provided, gives contact details and indicates how to become a client, contains
an extensive base of articles on business and taxation matters, and has
links to other websites that may assist your business. Being a
small firm itself, McLean and Co. strives to provide a personal and
professional service largely to a self employed person and small business client
base. Enquiries are welcomed.
We
are happy to accept new clients. Please contact ourselves at the contact
points highlighted above if we can assist you in your accounting and taxation
requirements. Our website lists information required for this in the following
link:
INDEX
-
Tax
Payments Due.
-
Debt
Options- if you are Unable to Pay Tax
-
Tax
Payers should Call if Records Lost in Floods
-
Tax
Information for Farmers affected by the Floods
-
Eight
Steps to Start a Business
-
Comparison
between Sole Trader, Partnership, Company
RELEVANT
BUSINESS AND TAXATION ARTICLES
The
McLean and Co. website contains an extensive number of articles prepared by
McLean and Co. relating to taxation and business matters. Here
are a selection that will be of interest:
TAX
PAYMENTS DUE
The
third instalment of 2004 provisional tax is due on 7
March 2004 for
people who have a March balance date.
As
7 March 2004 falls on a Sunday, all payments received on or postmarked 8 March
2004 will be treated as received on time.
Terminal
tax is due on 7
April 2004
(for taxpayers with no tax agency arrangement with the IRD, terminal tax was
due two months earlier on 7 February).
If
you think you may have something to pay but you are not sure, call IRD on 0800
377 774.
If
you are a corporate (with a group turnover of more than $100 million or
industries where specific legislation applies) call IRD on on 0800 443 773
DEBT
OPTIONS- IF YOU ARE UNABLE TO PAY
TAX
If
you cannot pay your tax or other amounts on time you should contact Inland
Revenue Department as soon as possible.
IRD will consider your financial position and discuss with you the best
option for dealing with your debt, and may take one or more of the following
steps:
-
Request
immediate payment in full
-
Enter
into an instalment arrangement
-
Defer
debt collection action
-
Grant
relief or remission from payment of tax and/or penalties.
PAYMENT
IN FULL
Consideration
will be given to your financial situation, and if IRD think you are able to pay,
they will ask you to make immediate payment of an outstanding debt in full.
This may happen, for example, if you have:
-
Sufficient funds in a bank account
-
The
ability to raise and service a loan
-
Sufficient
equity in assets to raise finance e.g. insurance policies, houses, cars or
shares.
There
are advantages in paying in full as this will avoid any penalties for late
payment and interest that would be charged by IRD.
If you raise money specifically to pay an IRD debt (and if
you are running a business) any interest paid is tax-deductible whereas if you
don’t pay it on due date only interest charged by IRD (and not their
penalties) are tax-deductible.
INSTALMENT
ARRANGEMENTS
In
some situations, if you are in financial difficulties, IRD may agree to an
instalment arrangement. This
is where the tax and any penalties and interest due are paid off in two or more
instalments. Instalment
arrangements can be agreed before or after the due date for payment of the tax.
There are greater reductions in the penalties charged if the arrangement
is agreed to before the due date.
IRD
will generally accept an instalment arrangement after establishing that full
payment cannot be made immediately. Factors
they will take into account are:
-
Whether you are in financial difficulties.
IRD considers a taxpayer to be in financial difficulties when their
financial position means that debts cannot be paid in time, and either there
is a real prospect that creditors will be able to have the taxpayer put into
liquidation, or judged bankrupt, or the taxpayer’s debts substantially
limit the carrying out of normal income- producing activities.
-
Whether
the repayment proposal is realistic (can the instalment payments be met
based on the income or other amounts being received?)
-
Whether
future tax liabilities can be met as well as the agreed instalment payments
-
Whether
any previous arrangements with IRD have been met
-
Whether
all returns have been filed
-
Tax
payment and return filing history
-
Other
recovery options available
All
applications for instalment arrangements to IRD should be made in writing.
IRD may ask you for a Cashflow Forecast and a Statement of your Assets
and Liabilities.
Once
an arrangement is made, IRD will send you a letter of confirmation, which will
set out the amounts under the arrangement, the terms of the arrangement (how
much you have to pay and when) and any other conditions of the arrangement.
If you do not keep to the arrangement IRD will cancel it, and take other
action to recover the debt.
Penalties
and interest will continue to be added to your account during the arrangement
and will show on your regular statements of account.
If you meet your obligations, at the end of the arrangement IRD will
cancel any late penalties charged after the date the arrangement was agreed to.
Any amount of interest accrued during the term remains payable.
IRD
have the right to review the arrangement if your financial position changes.
DEFERRAL OF
COLLECTION ACTION
Deferral
of collection action means that IRD will temporarily stop any action to collect
your outstanding debt. They
may do this when you can show that your financial position will improve,
allowing the debt to be paid in the future.
This may be, for example, a prospective increase in income, decrease in
other debts, sale of assets, financial windfall, or other improvement.
IRD
have the right to offset any subsequent credits from tax returns against the
outstanding debt.
Penalties
and interest will continue to accrue on your account.
TAKING
SECURITIES
IRD
can take a security over a taxpayer’s property to secure the payment of
outstanding tax debts. Generally,
the security would be taken over land, but could be over other valuable assets.
IRD
may do this with your consent if there is a long-term arrangement in place with
IRD, or they may do it without your consent if you have not taken any action to
deal with your debt. In both
cases, you will be responsible for any costs incurred.
Penalties
and interest will continue to accrue until the debt is paid in full.
RELIEF FROM
PAYMENT DUE TO HARDSHIP
You
can apply in writing to IRD for relief from payment if you are in financial
difficulties or if payment of the amount owed will cause serious hardship.
Relief from payment means that the outstanding debt is legally waived,
and IRD will not pursue collection of the outstanding debt.
Serious
hardship means the taxpayer or their dependant family members could not meet
basic living requirements.
The
relief provisions apply only to income tax or fringe benefit tax debts-
IRD cannot grant relief to other taxes such as GST and PAYE.
As
all taxpayers have a legal right to pay tax in full and on time, granting relief
from payment of tax is a last resort.
Once
relief has been granted, it can only be cancelled if the information was
misleading, or IRD receive further information about your affairs as at the date
the relief was granted and if they had this information at the time they would
not have granted relief.
WHAT
WILL HAPPEN IF YOU DON’T DO ANYTHING ABOUT YOUR DEBT
If
you do not pay or make contact with IRD about your debt there are a number of
recovery actions that they can take.
IRD will endeavour to contact you before they take further action.
The recovery actions they take may include:
-
Deducting
money from your wages or bank account, or form a third party that owes you
money
-
Offsetting
future tax refunds against the debt owed
-
Taking
securities
-
Serving
documents on you to start civil legal proceedings, possibly leading to
bankruptcy or liquidation
-
Charging
you court and other collectioin costs
-
Publishing
your name in the Mercantile Gazette if they obtain judgement against you.
-
Prosecuting
you if you have outstanding returns, which may result in a criminal
conviction.
Penalties
and interest will continue to accrue on your account.
TAXPAYERS
SHOULD CALL IF TAX RECORDS LOST IN FLOODS
IRD
has advised that taxpayers should contact the department as soon as
possible if they have lost their tax records in the recent flooding in the
central North Island.
Colin
MacDonald, General Manager Business Development and Systems, says that IRD will
approach each situation on a case-by-case basis.
"We
are also aware that there may be some taxpayers who have tax due dates coming
up. If they have concerns about meeting those dates it is important that they
contact us as soon as possible, before the payments are due," says Mr
MacDonald.
Inland
Revenue's 0800 numbers are available weekdays from 8am to 8pm and from 9am to
1pm on Saturdays. For personal tax enquiries please call 0800 227 774, and for
business enquiries, call 0800 377 774.
TAX
INFORMATION FOR FARMERS AFFECTED BY THE FLOODS
Some
farmers may now be facing extreme financial pressure due to the recent floods
that recently hit the Lower North Island. The following will answer
questions about aspects of taxation as well as other programmes administered by
IRD, including Family Assistance, Student Loans and Child Support.
AREAS
WHERE IRD CAN PROVIDE IMMEDIATE ASSISTANCE
The
following is a list of areas in which Inland Revenue may be able to help in
these unique circumstances.
RECORDS
Some
farmers have lost all their paper and electronic records, while others cannot
access their computers. Such farmers should contact IRD as soon as
possible if they have lost their records.
LATE
PAYMENT
IRD
understands that it will take some time for farmers to be in a position to meet
their tax obligations and will approach each situation on a case-by-case basis.
If
any farmers are unable to make their tax payments in full by the due date,
contact IRD and discuss the options available.
If
farmers have tax outstanding with the department, and do not make payment,
penalties, and in some cases interest, is charged. However, in most cases, it is
possible to set up an instalment arrangement for payment. Where an instalment
arrangement is agreed to prior to the tax becoming due there will also be a
reduction in the initial penalty. Temporary or permanent relief from the payment
of tax may also be a possibility.
PROVISIONAL
TAX ESTIMATION/ RE-ESTIMATION
Some
farmers are provisional taxpayers. If they are, they can estimate their
provisional tax, based on their individual circumstances. This can be altered up
or down at any time until the date your third provisional tax instalment is due.
If their business income is down they could choose to estimate their provisional
tax to reduce their payments or, if they have already paid more than they expect
to be liable for, a refund will be possible. Interest may be calculated on any
under or overpayments once the tax return for that year has been assessed.
GST
REFUNDS
If
farmers are expecting a refund, and urgently need the money, contact IRD
on 0800 473 566.
Farmers
expecting a GST refund may wish to consider altering their taxable period to
either a two or one month return. This will allow them to receive refunds at
more regular intervals. It should be noted that any change will be effective
from when the department actions their request so they should advise us as soon
as possible if they wish to do this.
However,
if they are expecting to have a payment to make, and are unable to do so in
full, please contact us so that we can set up an instalment arrangement.
INCOME
EQUALISATION DEPOSITS/ WITHDRAWALS
IRD
has declared this an adverse event for the purposes of Section EI 4 (4) of the
Income Tax Act 1994. This will enable taxpayers who have made deposits to the
Income Equalisation Scheme to have these refunded within six months of the date
of deposit.
The
Adverse Event Income Equalisation Scheme is also available to defer income tax
on additional income that is generated by the forced sale of livestock due to an
adverse event such as flooding. The Adverse Event is self-assessed by the farmer
by way of a statutory declaration on a form IR139. A localised event that
affects only one farm could therefore qualify.
Deposits
to this scheme attract daily interest (currently 6.5%pa) and may be withdrawn at
any time. After 12 months they are, however, transferred to the main income
equalisation scheme. The maximum deposit into the Adverse Event Income
Equalisation Scheme is the difference between the sale price of the livestock
sold because of the adverse event and the previous year's closing value for the
class of livestock sold (at the class it would have been at the end of the year
of sale if it had not been sold).
If
any farmers have queries or would like some help they can contact the IRD
Equalisation Department on (04) 527 6439.
FAMILY
ASSISTANCE
This
is assistance that is either paid fortnightly to families based on an estimated
annual family income, and the number of children in the family, or as a lump sum
when the income tax return is filed at the end of the year.
If
farmers are receiving this at the end of the year, they may wish to consider
receiving their entitlement on a fortnightly basis instead. If their income has
reduced and they have never previously claimed, they may wish to apply by
completing an FS1 application form.
The
Child Tax Credit is paid in addition to family support where families are not in
receipt of an income tested benefit, ACC weekly compensation for periods of
three months or more, student allowance, NZ Superannuation or veteran's pension.
It is possible that with the recent increases in family assistance and raising
of the income levels at which the payments stop, they may now be entitled to
receive some Family Assistance.
SPECIAL
TAX CODE
Instead
of having the normal rate of PAYE deducted from any employment income farmers
may receive, this could be deducted at a rate more suitable to their situation;
even a nil tax deduction rate, based on their annual income or loss and
estimated tax liability. To apply for this they will need to complete an IR23BS.
CERTIFICATES
OF EXEMPTION
In
some circumstances it is possible to have an exemption from the deduction of
resident withholding tax on interest you may receive. An exemption certificate
may also be available for people who receive income subject to the withholding
tax regulations. Application can be made on an IR332.
If
farmers have any questions on the above, contact IRD on 0800 473
566. This phone number is dedicated exclusively to storm and flood victims.
REVIEW
OF OTHER MATTERS WHICH MAY HELP PEOPLE EFFECTED
IRD
is also looking at other issues for flood victims. This includes:
-
Remission
of penalties and interest on late GST, PAYE etc returns and payments;
-
Lost/Destroyed
records
-
Deductibility
of flood damage repairs, replacement of plant etc;
-
Spreading
forward farm income;
-
Treatment
of insurance proceeds and other compensations;
-
Treatment
of donated stock/cash;
-
Child
Support payments/debt; and
-
Hardship
tax debt write-offs.
FREE
TAX ADVICE AVAILABLE
Advisory
and information services are also available to farmers to make it easier to
receive full entitlements to any credits while still meeting their taxation
obligations. IRD provide free tax advice on:
-
How
to complete returns/forms and other tax obligations;
-
What
expenses can be claimed;
-
Record
keeping
-
Payment
of tax; and
-
Other
information tailored to specific situations.
If
farmers require an appointment with an IRD officer, contact IRD on 0800
473 566.
EIGHT
STEPS TO START A BUSINESS
There
are many details involved in starting a business.
The process can be daunting. Below are eight “big” steps, each with
its own list of “baby” steps.
This is by no means an exhaustive list, but it includes the steps most
start-ups must take. Check them off if they are done and work your way down the
rest of the list
1-
RESEARCH,
PLAN, TEST, EVALUATE AND EXECUTE
- Choose
a business based on your skills and interests.
-
Assess
your strengths and weaknesses.
- Develop
clear business and financial goals.
-
Research
the business idea:
- Who
will buy it and how often?
-
Who
also sells it or something like it?
- How
big is the market?
What segment will you target?
-
Who
is the competition?
- What
are the legal and licensing compliance requirements?
-
What
will it cost to produce, advertise, sell and deliver the product or service?
- What
price can you charge? What is the markup?
How much do you need to sell to make a profit?
-
What
resources are required to launch and build the business
- People
-
Capital
- Machinery,
Equipment
-
Stock
- Office,
Supplies
2-
WRITE
A BUSINESS PLAN
- What
kind of team needs to be recruited?
-
What
is the mission of the business?
- Describe
the product or service
-
How
will I package it?
- How
will I price it?
-
How
will I distribute it?
- How
will I promote it?
-
How
will you position the company and products vis-à-vis the competition?
- What
will be your distinctive competitive advantages?
-
What
financial resources are required?
- What
are the risks?
-
What
are the start-up costs?
- How
long will it take to reach profitability?
-
What
is the exit strategy?
- What
is the return on investment?
3-
CHECK
AND RESERVE THE NAME OF THE BUSINESS
-
Choose
the name of the business.
- Verify
the availability of the name selected.
-
Research
and test the effectiveness of the name.
- Reserve
or register the name-
a unique name can only be applied for under a company structure.
-
If
an internet web site is being acquired apply for the unique domain name.
4-
CHOOSE
LEGAL STRUCTURE AND FILE ORGANISATIONAL PAPERS
- Decide
whether to organize as a Sole Proprietorship, Partnership or Company.
-
Apply
for taxation IRD Numbers, and GST and Employee registration with the Inland
Revenue Department if applicable.
5-
SECURE
REQUIRED PERMITS AND LICENCES
- Required
Public Notices
e.g Liquor Licences, Notice for Taxi driver.
6-SECURE
AND PROTECT INTELLECTUAL PROPERTY
-
Copyrights.
- Trademarks.
-
Patents.
- Legal
Agreements.
7-
PREPARE
MARKETING PLAN AND SALES MATERIALS
-
Business
cards.
- Stationery.
-
Flyer/
Brochure.
- Press
Release.
-
Web
Site.
- Email
contact list.
-
Advertisements.
- Promotional
items.
-
Networking
events
- Tradeshows
8-
SET
UP AND MANAGE BUSINESS OPERATIONS
-
Choose
the location of your business.
- Home-based
business considerations.
-
Office
location considerations, lease negotiations.
- Zoning
and signage considerations
-
Order
Phone, Fax, Email
- Order
Office Equipment, Supplies
-
Order
Fixtures, Signage, Stock
- Open
Business Bank accounts
-
Cheque
Account.
- Savings
Account
-
Credit
Card
- Money
Market
-
Line
of Credit
-
Business-
on Assets, Income Protection, Liability.
- Health.
-
Accounting
System.
- Retain
professional team
-
Select
a Lawyer.
- Select
an Accountant.
-
Select
a Banker.
- Select
an Insurance Agent.
-
Select
Directors if a company.
- Association
Memberships, Subscriptions.
-
File
all IRD Returns
COMPARISONS
BETWEEN SOLE TRADER, PARTNERSHIP AND COMPANY
Many
taxpayers are uncertain as to what business form to utilise when they go
into business.
The following table highlights significant implications of setting
up as a sole trader, in a partnership or as a company:
|
SOLE
TRADER
|
PARTNERSHIP
|
COMPANY
|
|
Credibility
|
|
|
Generally
has the highest perception of all.
|
|
|
|
|
|
|
Money You Owe
|
Liable for all money the business owes.
Liability is unlimited.
Personal assets can be seized to pay business debts.
|
Unlimited liability also applies.
You are liable for your partners share of the debts, including
unpaid taxes relating to the partnership.
|
Shareholders liability for debt is limited to the
amount paid for their shares in the first place. The personal assets of the directors can only be
touched if the company has been trading while insolvent.
|
|
|
|
|
|
|
Start Up Procedures
|
Cheapest form to organise- just advise IRD.
|
Do not have to get a written partnership agreement,
but would be sensible to do so if partnership is not husband and
wife.
|
Get a solicitor to set up the company and register
it with the District registrar of Companies. Annual Returns must be filed with the Companies
Office with annual fee.
|
|
|
|
|
|
|
Financial Accounts
|
Accounts Format not laid down by law.
No requirement to produce a Balance Sheet.
|
Same as Sole Trader.
|
More formal presentation required than Sole Trader
and Partnership.
|
|
|
|
|
|
|
Getting Accounts Audited
|
No requirement.
|
No requirement.
|
If public company on the sharemarket, have to be
audited.
|
|
|
|
|
|
|
Rates of Tax
|
Tax paid based on personal marginal income tax
rates on all income. This
may be lower or higher than 39c/ $
|
Tax paid based after distribution of partnership
profit on personal marginal income tax rates on all income.
This may be lower or higher than 39c/ $.
|
Company pays tax at 33c/ $ on profits after paying
of all costs including shareholder salaries.
|
|
|
|
|
|
|
When you Pay Tax
|
|
|
Company will have to pay Provisional Tax a year
earlier than individuals if certain income levels are met.
|
|
|
|
|
|
|
What to do with Losses
|
Set off Losses against future trading profits and
against other income in the year of the loss or the year after.
|
Same as Sole Trader.
|
Set off losses against future profits of the
company.
|
|
|
|
|
|
|
Raising Money
|
Options are fairly limited- to bank or other
individual.
|
Same as sole trader plus may be able to find a new
partner to bring in capital.
|
Same as sole trader plus raise funds from general
public plus venture capital fund.
|
|
|
|
|
|
|
Selling Business
|
|
|
Easiest form to sell as could sell some of the
shares instead of whole business.
|
The information
provided in this email newsletter is for informational purposes only.
McLean and Co. accept no responsibility for the opinions and information
expressed in the information provided and it is provided "as
is" without warranty of any kind. The user
assumes the entire risk as to the accuracy and use of this document.
Readers are asked to seek professional advice pertaining to their
own circumstances. The McLean and Co. email newsletter
may be copied and distributed subject to the following conditions: