McLEAN AND CO.

Accounting                    Taxation                      Business Advice and Development Assistance                              P.O. Box 10 , Clive        133 Main Rd, Clive          Tel. (06) 8700952         Fax. (06) 8700955 

Email murray@mcleanandco.co.nz                                  Website www.mcleanandco.co.nz

 
 
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.nzwhich 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.

 

NEW CLIENTS

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:

www.mcleanandco.co.nz/Documentationrequired.htm

 

INDEX

  1. Tax Payments Due.

  2. Debt Options- if you are Unable to Pay Tax

  3. Tax Payers should Call if Records Lost in Floods

  4. Tax Information for Farmers affected by the Floods

  5. Eight Steps to Start a Business

  6. 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:

Accounting Concepts                                  www.mcleanandco.co.nz/Page69.htm

Venture Capital                                           www.mcleanandco.co.nz/Page65.htm

Revolving Credit- Hidden Costs                www.mcleanandco.co.nz/Page96.htm

Setting Prices                                               www.mcleanandco.co.nz/Page105.htm

Creating a Successful Market Niche          www.mcleanandco.co.nz/Page83.htm

 

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:
  1. Who will buy it and how often?
  2. Who also sells it or something like it?
  3. How big is the market?   What segment will you target?
  4. Who is the competition?
  5. What are the legal and licensing compliance requirements?
  6. What will it cost to produce, advertise, sell and deliver the product or service?
  7. 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
  1. People
  2. Capital
  3. Machinery, Equipment
  4. Stock
  5. 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
  1. How will I package it?
  2. How will I price it?
  3. How will I distribute it?
  4. 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.
  1. Home-based business considerations.
  2. Office location considerations, lease negotiations.
  3. Zoning and signage considerations
Order Phone, Fax, Email
Order Office Equipment, Supplies
Order Fixtures, Signage, Stock
Open Business Bank accounts
  1. Cheque Account.
  2. Savings Account
  3. Credit Card
  4. Money Market
  5. Line of Credit
Obtain Insurance
  1. Business- on Assets, Income Protection, Liability.
  2. Health.
Accounting System.
Retain professional team
  1. Select a Lawyer.
  2. Select an Accountant.
  3. Select a Banker.
  4. Select an Insurance Agent.
  5. 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:
All text must be copied without modification and all pages must be included.
This document must not be distributed for profit.    

 

If we can assist further, please email McLean and Co as follows:

 CONTACT McLEAN AND CO. BY EMAIL BY CLICKING ON THIS LINK

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