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McLEAN
AND CO.
NEW CLIENTS
IRD warns against Income Splitting through Trading Trusts
Early Payment Discount
Use of Money Interest Rates to rise
Franchises- Knowledge Centre
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Back Claiming of Rebates www.mcleanandco.co.nz/Page57.htm![]()
| Borrowing Money www.mcleanandco.co.nz/Page123.htm![]()
| What is an LAQC? www.mcleanandco.co.nz/Page142.htm![]()
| Setting Prices www.mcleanandco.co.nz/Page105.htm![]()
| To Lease or Own? www.mcleanandco.co.nz/Page21.htm |
Preparing a budget is a crucial step in planning your business activity for the next financial year. Operating a business without a budget is like taking a road trip without a map.
One of the benefits of having a budget is that you can compare results and quickly identify where you are going off track and then take action to rectify the situation. If your not meeting profitability target and sales are down, look for items in the budget that can be trimmed or cut.
Preparing a budget forces you to sit down and critically look at your business. You need to think about where you want your business to go and how you're going to get there. Start with looking at income and expenditure for this financial year to identify opportunities or problem areas.
A budget is just a plan of the goals you would like to achieve. There is a saying ‘If you aim at nothing, you will hit it with amazing accuracy.' Only by having a goal can you do any better than in the past.
Once you have set your goals, then you can start preparing your budget. Here are some questions you should consider:
• Which market segments were more profitable/least profitable?
• How can I expand the more profitable segments ie. More advertising, specialisation, relocation or new location?
• Do I need extra or more qualified staff and what will be the added expense?
• What training will they need?
• Am I expanding or consolidating my business?
• Has there been an increase in business input costs and how do I translate that across my product range or service?
• Will I need to make additional capital expenditure ie. software/hard ware?
• Will I need extra funding to achieve these goals?
• Where or how will I obtain this funding ie. Overdraft facility, new business partner or bank loan?
• Are my margins realistic or too low?
• What is your break-even ie. Income = overheads?
Your budget should be flexible enough to allow for economic or environmental changes ie. Interest rate increases, long or short winters.
You should review and update your budget regularly so it more accurately reflects the current situation. Measure actual performance against budget and make adjustments where necessary to keep your business on target and allow for contingencies.
WORKING FOR FAMILIES
Working for families is a new government initiative to help working families gain assistance. To view information to see if you may now be entitled to receive family assistance under the new criteria, check out the website at
http://www.ird.govt.nz/related-sites/keyword/workingforfamilies/
FAMILY TRUST- MUST IT HAVE AN IRD NUMBER?
In some cases trusts are not deemed taxpayers, and there is no need to obtain an IRD Number.
If a family trust is a taxpayer it must have an IRD Number and have a return of income filed each year. Whether the trust is deemed to be a taxpayer depends on whether it earns income or has any income-earning assets. These would include:
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bank accounts |
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shares or other investments |
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business assets that produce income |
If the trust has no income and no income-earning assets it is not a taxpayer, therefore no IRD Number is required. An example of this would be a family trust that owns a family home but no other assets.
If you have a family trust with an IRD Number that has been allocated in error, you can contact IRD in writing and the IRD Number will be ceased.
INCOME THRESHOLDS FOR STUDENT LOAN REPAYMENTS AND INTEREST WRITE-OFFS TO RISE
Income thresholds for student loan repayments and interest write-offs will rise from 1 April 2005.
The income level at which borrowers must begin to repay their loans will rise from $16,172 to $16,588. The maximum income level for a full interest write-off for part time students will rise from $26,140 to $26,799.
Borrowers whose income is below the repayment threshold will not have to make repayments on their loans and a large portion of their interest will be written off.
Full-time, full-year students will continue to receive a full interest write-off while they are studying, regardless of their income.
IRD WARNS AGAINST INCOME SPLITTING THROUGH TRADING TRUSTS
Inland Revenue has recently warned professionals and others who are reducing their taxable income by operating through trading trusts.
Following a ruling by the Taxation Review Authority (TRA), the department warned people to "consider taking advice" as the arrangements may be subject to review by IRD.
IRD had been asked to comment on common structures which have the effect of income minimisation, involving income generated from professional or skilled services using trusts.
It said interest in the issue, which was not new, had been rekindled following a TRA case in which the authority held that a dentistry practice was transferred to, and carried on, by a "trading" trust for tax avoidance purposes.
"Inland Revenue has always looked closely at situations where professional people conduct their business through trusts, and sometimes companies, which they or their families control," said IRD deputy commissioner Naomi Ferguson.
Ferguson said it was by no means the case that every professional operating through a trust was doing so for tax reasons but the department had concerns that some professionals, after becoming employees of associated trusts or companies, were setting their incomes at levels considerably below what they could earn as self-employed practitioners.
In these cases some, or all, of the difference in income might be distributed by the trust to other family members as beneficiaries to save tax. This can result in the professional appearing to earn an unreasonably low level of income, she said.
"There may be legitimate reasons for these arrangements, and we will look at each case on its own facts."
She said it was very difficult to set down rigid rules.
"We do not expect a full market salary to be paid where the business is operating at a loss or is earning very little.
"However, where business income generated by the skills of the proprietor is at, or more than a relevant market salary, we would expect at a minimum that a market salary is paid. Our view is that generally, income gained from personal skills should be taxed in the hands of the person who generates the income."
IRD would consider several factors to assess the purpose of the arrangement, including:
* The taxpayer's commercial reasons for using the structure.
* The way that arrangements are actually implemented and operated.
* The level of salary or drawings paid compared with any previous earnings and with expected market salary rates for a person in a similar situation.
* The degree to which the business relies upon the specialist skills of the proprietor
* The overall tax impact (including income diverted to associated
parties).
EARLY PAYMENT DISCOUNT
An amendment in the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 provides a discount of tax to encourage individuals who commence receiving self-employed or partnership income to voluntarily pay tax in the year before they become liable to pay provisional tax. This will help relieve the financial strain faced by these taxpayers when they commence paying provisional tax and have two years' worth of tax payments to make, namely income tax for the prior year and provisional tax for the current year. The amendment applies from the income year commencing 1 April 2005.
Who qualifies for the discount?
To qualify, the taxpayer has to:
![]() | be either self-employed or a partner in a partnership
![]() derive gross income predominantly from a business (not interest,
dividends, royalties, rents or beneficiary income)
| ![]() not be required to pay provisional tax in the income year
| ![]() make a voluntary payment of income tax before the end of the income year
(31 March for a March balance date taxpayer)
| ![]() elect to receive the discount within the timeframe for filing a return
of income for that income year
| ![]() not been liable to pay provisional tax in the previous four years, and
| ![]() never received an early payment discount unless they come within the
four-year rule outlined below. | |
Once the taxpayer has made a voluntary payment they must keep a credit balance in their income tax account until the terminal tax date for the income year. The credit balance must be greater than, or equal to the lesser of the following:
![]() | the amount paid as voluntary payments before the end of the income year,
or
![]() the amount of terminal tax for the income year. | |
Taxpayers who are already provisional tax payers before they start to receive self-employed or partnership income will not be entitled to the discount as they do not face two years' tax payments in their second year in business and are already aware of the need to make provisional tax payments.
The discount is not available where a taxpayer only ceases paying provisional tax. For example, a business that is in a loss situation would not qualify for the discount.
Calculation
The discount is calculated on the lesser of:
![]() | The amount of any voluntary income tax payments made for the year
![]() 105% of the residual income tax for the income year. | |
The current discount rate is 6.7%.
Example
A taxpayer makes voluntary payments of $5,000 for the year ended 31 March 2006.
Their residual income tax for 2006 is $8,000.
The discount is calculated on $5,000 being the lesser of the voluntary payments made and 105% of the residual income tax amount ($8,400).
The value of the discount is $335 being 6.7% of $5,000.
USE OF MONEY INTEREST RATES TO RISE
To align with market interest rates, the interest rates on any unpaid and overpaid tax will increase from 8 March 2005.
The new interest rates are:
![]() | 13.08% for any unpaid tax, and
![]() 5.71% for any overpaid tax. | |
FRANCHISES-KNOWLEDGE CENTRE
The following are the current articles in our Knowledge Centre about Franchises. Click to read:
A Consumers Guide to Buying a Franchise
Franchising- Advantages/ Disadvantages
Pros and Cons of Starting a Franchise
Buying a Franchise- What you should consider
Evaluating a Franchise Agreement
Fifteen Questions to Ask before Choosing a Franchise
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If we can assist further, please email McLean and Co as follows: