THE McLEAN REPORT

 EDITION 27 DECEMBER 2005

Welcome again and Hi

 

Hello again!!!!

Another year has nearly passed and isn’t it great to see the summer weather conditions we’ve been getting lately here in Hawkes Bay ?  

Many thanks to those who put up with some temporary inconvenience during the construction of our new office in front of the previously used office. We’ve finally moved into that , and have also  arranged the  construction of a new carpark park directly outside the office for clients, so feel free to use it.  

I’.m off to Mount Maunganui early January for my holiday- the office will be closed January 5-12  2006 .

 

Kind regards

MURRAY McLEAN

 

 

 

Inside…

PAGE 2

Five Step Mortgage Guide

 

PAGE 3

Choosing your Loan Finance

 

PAGE 4

Understanding Financial Statements

 

PAGE 5

Dealing with Cashflow Problems

 

PAGE 6

What to Check before Signing a Lease

The Seven Financial Stages

 

PAGE 7-8

Tax Titbits

 

PAGE 9

Trustee of a Family Trust- some Helpful Guidelines

   

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Just visit

 

www.mcleanandco.co.nz

 

 

McLEAN AND CO.  

 DIRECTORY

\Manager

Murray McLean , C.A. (Chartered Accountant)., Diploma in  Business Studies (Taxation Consultancy),   Diploma in Business Studies (Personal Financial Planning)  

Address

133 Main Rd , Clive , New Zealand

P.O. Box 10 , Clive , New Zealand

 Office Telephone Number

 ( Hawkes Bay STD Code 06) 8700952  

Office Facsimile Number

( Hawkes Bay STD Code 06) 8700955  

Web Sites

www.mcleanandco.co.nz

www.taxreturns.co.nz

www.taxreturnz.co.nz

Email Address

murray@mcleanandco.co.nz

murray@taxreturns.co.nz

murray@taxreturnz.co.nz

 Memberships

**  Institute of Chartered Accountants of New Zealand   (with Certificate of Public Practice)

**   Taxation Institute of New Zealand

 

            Page 1 December 2005 Newsletter

      McLEAN AND CO DECEMBER  2005  NEWSLETTER  PAGE 2     

FIVE STEP MORTGAGE GUIDE

House buying is like looking for a needle in a haystack - it's often hard finding the home you love and that fits your budget. Chances are you'll also have to negotiate a mortgage. So how do you go about getting a good deal on a mortgage?

1. Work out how much you need to borrow
The first step is working out how much you need to borrow. Remember to factor in other costs, such as solicitor's and application fees, and future expenses such as renovations.

2. How much can you borrow?
The next step is to work out how much a lender will lend you. This depends on two things: how much you can afford to repay, and the maximum a lender will lend on a particular property.

What you can afford to repay
Lenders want to be sure you will keep up with your repayments and still have enough disposable income left over to live on. Some say that your fixed payments (the mortgage repayments plus any other loan or hire purchase payments) should be no more than 30 to 40 percent of your gross income.

If you're borrowing a high proportion of the purchase price, lenders will expect you to have more spare income so you can cope with any future uncertainties.

Lenders will also look for a cash deposit. The greater the deposit, the smaller your mortgage will be and the better you will be able to manage the repayments. That makes you a better lending proposition.

How much a lender will lend on a property
Many lenders will lend up to 95 percent of the value of a house, and some may even lend 100 percent if you have a large and reliable income. However many lend less for properties outside urban areas, and on apartments.

To work out how much a lender will allow you to borrow, ask them for a calculation (you'll have to tell them your income, spending details and the property value).

3. Choice of interest rates
There are usually three interest rate options: fixed, floating and a mix of the two. With fixed interest rate loans, you pay a fixed interest rate that stays the same for a fixed period of time - usually between six months and five years.

With a floating rate, lenders will lift or lower the interest rate as interest rates in the wider market change. This means your repayments may go up or down.

It's also possible to split a loan between fixed and floating rates. This lets you make extra repayments without penalty on the floating rate portion, while you currently get lower rates on the fixed portion.

Each has its advantages and disadvantages - so do your homework to work out which one best suits your circumstances.

4. Repaying your loan
Your lender will offer a range of repayment options. The most common type is a table loan. With this repayment option, most of your early repayments pay the interest, while most of the later repayments pay off the principal (the lump sum you borrowed). The option you choose will influence the total cost of your loan so it's critical you understand the implications of each.

5. Striking a deal
By taking out a loan with your chosen lender, you're giving them your business - so look at it as a deal where you can negotiate. When negotiating, try not to be distracted by giveaways, competitions or gimmicks which don't have any effect on the loan itself. Focus on negotiating a loan that suits your circumstances that you can pay off as quickly as possible.

 

      McLEAN AND CO DECEMBER 2005  NEWSLETTER  PAGE 3     

CHOOSING YOUR LOAN FINANCE TYPE

Your home is likely to be the biggest purchase of your life, and a mortgage your biggest financial commitment. Deciding which type of mortgage - fixed, floating or a mix or both - can save you thousands of dollars over the lifetime of your loan.

If you're on a tight budget and like the security of knowing how much you will pay each month, a fixed rate may suit you better. But if you have a fluctuating income, or would like to pay lump sums without being penalised, then a mix of fixed and floating might be preferable.

The level of fixed and floating rates is driven by the market and the types of rates offering the lowest interest does vary. Recently fixed rates have been lower than floating.

Fixed Interest Rate

With a fixed rate loan, the interest you pay is fixed for a period - usually between six months and five years. At the end of the period, a fixed interest loan automatically moves to a floating rate unless you negotiate another fixed term.

There are several advantages of a fixed rate loan:
•You know exactly how much each repayment will be over the term;
•Fixed rates are currently lower than floating rates, as lenders compete with fixed rate "specials". A one percentage point difference in interest rates can save you thousands of dollars over just a year or two;
•You can "lock in" lower rates if market interest rates are rising however the flip side is that you lock in higher costs if they are falling.

The disadvantage of a fixed rate loan is that you will often be penalised for lifting repayments or making lump sum payments. And if you take a longer term, there is a risk floating rates may drop below your fixed rate. Capped rates can overcome this issue because with capped rates the interest rate cannot rise above the "cap", but will drop if floating rates fall below the capped rate.

Floating Interest Rate

With a floating rate, lenders lift or lower the interest rate as interest rates in the wider market change. This means your repayments may fluctuate over time.

The main advantage with a floating rate is that you can lift your repayments or lump sum repayments without penalty. It can also be easier to consolidate other debt into floating rate loans than fixed rate loans.

The disadvantages of floating interest rate loans include:
•Floating interest rates are currently higher than fixed rates;
•When rates go up, the repayments also go up, squeezing your budget.

A Mix Of Both

It is possible to split a loan between fixed and floating rates. This lets you make extra repayments without being penalised on the floating rate portion, while you may get lower rates on the fixed portion.

So Which One?

Which interest rate option best suits you depends on both your circumstances and on current financial markets. If you're someone with a fixed budget who likes stability, you may decide a fixed interest rate is better for you. Another person might decide a mix of fixed and floating rates best suits them because it allows them to plan while still having the freedom to pay lump sums without being penalised. On the other hand, during a period of falling rates and if rates are at a relatively low, stable level, the floating rate option may be better.

No matter which option you choose, it's important you do your homework first. Take the time to read up on the 'ins and outs' of mortgages, shop around to find the best rates, and if you're inexperienced or confused, seek advice from an experienced expert.

 

      McLEAN AND CO DECEMBER 2005 NEWSLETTER PAGE 4     

UNDERSTANDING FINANCIAL STATEMENTS

For most small business owners, the term financial statements refers to three key documents – the Income Statement (or Statement of Financial Performance), the Balance Sheet (or Statement of Financial Position) , and the Cash Flow Statement.

The descriptions and tips below are designed to ensure you use these documents effectively, to give you a solid grounding in basic financial controls.

INCOME STATEMENT

What it is?   A view of your revenues and expenses for a period of time such as a month, quarter or year. Also called the profit and loss statement or P&L.

How you should use it?    Look at it to make sure that you are making money. An income statement shows you whether you are making money when all expenses are taken into account. It is useful because many business owners overlook overhead, insurance or other expenses when conducting an informal profit analysis. It can be helpful to create an income statement for a specific product, project or client, to be sure that each part of your business is firing on all cylinders.

How often you should refer to/create?     A monthly income statement is advisable for many small businesses. Any more often may be too much for you to find time for, any less frequently and you may miss problems that are brewing.

BALANCE SHEET

What it is?      A snapshot of a company’s assets and liabilities including so called non-cash items such as depreciation.

How you should use it?    Typically created to coincide with your income statement because it complements your profit picture (income statement) by providing a complete view of all assets and liabilities. A balance sheet provides a picture of what your equity in the business is worth.

How often you should refer to/create?      Time its creation to coincide with your income statement.

CASH FLOW STATEMENT

What it is?     Also called a “sources and uses” statement, this document lists your sources of income and your uses for this money, e.g., what you spend money on. A cash flow statement tells you what your cash position is currently and how you have progressed from your previous cash position to this one, in other words, where your money has gone.

How you should use it?     One of the most important documents for small business owners, a cash flow statement presents a picture of where your business’ money goes. It is useful for determining if you are spending wisely.

How often you should refer to/create?      Monthly timing suits many businesses, but more frequent is appropriate if you do a high volume of business

BUSINESS SURVIVAL

Your chances of surviving is business are said to be double if you have regular accounting reports. The bigger your business the more often you need to analyse its profit.  By monitoring the progress of the business, you can correct trends early.

      McLEAN AND CO DECEMBER 2005  NEWSLETTER PAGE 5     

DEALING WITH CASHFLOW PROBLEMS

Many small businesses experience cashflow problems occasionally and need working capital.

For most, the immediate response is to go to the bank and ask for an overdraft or overdraft extension. But the money might be there in your business. To unlock your hidden funds, and make your business more efficient at the same time, you need to look closely at your assets, customers and suppliers.

ASSETS

Your assets include debtors, stock, pre-paid expenses, vehicles, plant and equipment, fittings and property.   Each of these is a possible source of funds.

Debtors

Are you letting some customers have the free use of your money for months? This is a common occurrence in small businesses where the owners are so busy getting products out the door or services completed that they don't pay enough attention to basic business procedures. Many customers will take advantage of this 'free money', but your business isn’t a bank.

Stock

Do you have excessive capital tied up in stock? This can occur if you are carrying large numbers of  items that you could obtain from suppliers at short notice, or if you have too many slow-moving items.

It’s important to regularly review your stock levels and turnover rates, and your purchasing policies.

Can you free up money by reducing stock? What about moving out of the slow-moving lines or having a quick sal e of the slow-moving stock? It might pay you to discount some items quite heavily to get some money in quickly. If you need additional funds to purchase more stock, make sure that you're replacing slow-moving stock with the faster selling lines.

Pre-paid expenses

These pre-paid expenses often relate to services. For example, you might pay your insurance bill for the year all in one hit, but you could arrange to pay small monthly amounts. There might be an additional cost for doing this, but you must weight the extra cost against the advantages of 12 small payments which your cashflow can comfortable handle versus one large annual payment.

Fixed Assets

Fixed assets can often be the source of a significant amount of cash. Do you really put all your assets to full use? You might be able to sell off little-used assets and hire suitable replacements when you require them. You might be able to sell vehicles and lease others instead.

Customers

Your customers can be a source of business funds. Apart from the good debt collection tactics referred to above, try these tactics:

If you're starting a new business, consider establishing it on a cash-only basis to  keep the funds inside your business rather than locked up in

If you supply goods over a period of time, or if you're a service business, ask if you can invoice for progress payments. Otherwise, you’ll have to wait until the job is finished and then another 30 days or more before you get paid. This approach also gives you an early warning if the customer isn’t going to be pay, allowing you to cut your losses and get out. It’s a very suitable approach for tradespeople subcontracting to a developer.                       (cont Page 6)

      McLEAN AND CO DECVEMBER 2005 NEWSLETTER PAGE 6     

Suppliers

Ask your suppliers if you can buy on consignment, meaning you don’t pay until you make a sal e. Or ask them for extended payment terms to give you the opportunity to sell the goods before you have to pay.    If the supplier won't budge, try splitting the order in two and offering to pay normal credit terms (30 days) on one half and 90 days on the other half. Your suppliers will be more likely to agree to this kind of arrangement if you've paid them promptly in the past.

WHAT TO CHECK BEFORE SIGNING A LEASE

A lease agreement is a major business commitment and therefore requires caution. If the building or location turns out to be unsuitable, you might (through a personal guarantee) find yourself and the business committed to several years’ rent, even though you may have moved out of the premises.

CHECK THE LEASE

Always get the lease checked by a lawyer with experience in commercial leasing who can spot unfavourable clauses. The lawyer can help you negotiate balanced terms.      Important tip: Despite its name, a preliminary ‘Agreement to lease’ document actually binds you to some essential terms that will appear in the final lease. Don’t sign it or any other document before you have your lawyer’s approval.

LENGTH OF THE LEASE

Whether you should sign a short-term or long-term lease depends on your circumstances. A new and relatively unproven business might see advantages in the freedom of a short-term lease (or even a sub-lease if one comes on the market) that allows it to test both the business concept and the location without longer-term financial commitment. A more stable and established business might value the security of a longer tenure and see considerable merit in renewal rights.    Most leases are medium term: for instance the 4 + 4 formula (four years lease with the right of renewal for another four years) is popular. Get advice from your lawyer and accountant on the term of your lease.

SUITABILITY OF THE PREMISES

It’s important to do research before you sign a lease. For a destination business (a business like a supermarket or video shop that consumers need to visit), a good location (high foot and road traffic, good access and parking) is vital. Other businesses (for example, businesses that sell to other businesses) might be more concerned with good access for trucks and containers.

THE SEVEN FINANCIAL STAGES

Age

Name

Spending Pattern

Pre 18

The Unburdened Years

For most people the majority of what we consume and spend is supplied by our parents.

18-24 Years

The Burning Years

Money's for spending, even if you don't have a lot of it.   There is a "live for the day" attitude and proportionally money is spent on leisure and luxuries than at any time of our lives.

25-34

The Learning Years

The realities of self- sufficiency hit home. Careers blossom, as do families and therefore costs.

35-44

The Earning Years

We tend to maximise our income.

45-54 

The Discerning Years

Our tastes are at their most extravagant and people can afford to splash out a bit more with children leaving home.

55-64

The Concerning Years

We increase worry about the gap between what we have saved and what we'll actually need for retirement.

65+

The Yearning Years

Many wish they had invested and planned more for retirement.

Source- Prudential Insurance

      McLEAN AND CO DECVEMBER 2005 NEWSLETTER PAGE 7    

TAX TITBITS

IF YOU ARE HAVING DIFFICULTIES MEETING YOUR TAX LIABILITIES?

The best way to make your tax payments is to plan ahead for them so you can pay the full amount on time.

There are a range of options available for paying amounts due.    If you are unable to pay the full amount due on time, you should contact IRD as soon as possible. You do not have to wait until the due date for payment has passed.

IRD will discuss your current circumstances and help you determine the best option for dealing with the amount due.   IRD will look at your current situation, your payment history and your ability to meet future obligations. When looking at your individual case we will follow established guidelines.

Options for payment are:

Payment in full
An instalment arrangement where you repay an agreed amount over time
Writing off an agreed amount if we determine that full payment would cause you serious hardship
A combination of an instalment arrangement and a serious hardship write-off.

We may need further information from you to determine the best options for you.

IF YOU THINK YOU CAN’T PAY BY DUE DATE

Contact IRD before the due date to let them know about your financial difficulties. Penalties and interest apply to tax bills that are unpaid by the due date but, if your financial situation prevents you from paying on time, IRD may for example set up an arrangement where you pay the amount owing in instalments. If you contact IRD and make a formal arrangement before the due date, as long as you meet all of your obligations under the arrangement you will only be charged one late payment penalty of 1%. No further penalties will be charged.

Note that even with an arrangement you are still charged interest on the tax owing.   So you may wish to consider borrowing money from elsewhere so that you can pay the tax bill by the due date.

IF THE DUE DATE HAS PASSED AND YOU HAVE AN UNPAID TAX BILL

If you make an arrangement after the due date, any penalties already charged will stand.  If you meet all of your obligations under the arrangement, no further penalties will be charged, however, use of money interest continues to be charged.

NEGOTIATION PERIOD

In some instances when you contact IRD to discuss your payment options, IRD may need further information from you to determine the best option for you. This may require you to phone IRD back, complete a form or file a return.  You will be given a specific timeframe to provide the information that we need.  During this time, IRD will not impose further late payment penalties or take new debt recovery actions.  Late payment penalties and recovery actions will recommence only if a conclusion is not reached before the end of the negotiated timeframe. The use of money interest continues to be charged during the period of negotiation.

OVERDUE INCOME TAX RETURNS

If you are required to file a tax return and you have not yet done so, IRD will estimate the amount of tax they think you owe. This is called a "default assessment". You may also be charged a late filing penalty. It is important that you file the overdue return so that your correct tax position can be confirmed. You may even be entitled to a refund.

 

      McLEAN AND CO DECVEMBER 2005 NEWSLETTER PAGE 8    

TAX TITBITS

FAMILY ASSISTANCE INCREASES

Family Assistance is made up of four types of payments – Family Support, Child Tax Credit, Family Tax Credit and Parental Tax Credit. You may qualify for one or more, depending on your personal situation.

From 1 April 2005 the maximum rate of Family Support will increase by $25 a week for your first child, and $15 a week for each other child.

Some families receiving a benefit will have part of their payments transferred to their Family Support. This will affect their benefit, but they will be better off overall with the increases to Family Support.

From 1 April 2006 :

The new In-Work Payment will replace the Child Tax Credit for eligible working parents. The In-Work Payment will pay up to $60 per week per family, with an extra $15 per child for the fourth and subsequent children.
The Family Tax Credit will increase.
Income limits for Family Assistance will increase. This will mean families can earn more before their Family Support, In-Work Payment, or Parental Tax Credit starts to reduce.

From 1 April 2007 , the rate of Family Support will increase again by $10 per week per child.

If you are already receiving Family Assistance you don't need to do anything to get the increase. Your payments will be adjusted automatically.

If you are not currently receiving Family Assistance, and think you might be eligible from 1 April 2005, you can apply by calling Inland Revenue on 0800 227 773. 

HOW MUCH CAN YOU EARN AND RECEIVE FAMILY ASSISTANCE?

The table below shows the income limit for each type of payment. The amounts are based on all children being under 13 years. If you have children older than 13 years you can earn more and still receive a payment.

Number of
children

Annual Income (before tax)

Family Support

Child Tax Credit

Parental Tax Credit

1

$35,686

$38,286

$63,951

2

$43,833

$49,033

$74,698

3

$51,979

$59,779

$85,445

4

$60,126

$70,526

$96,191

5

$68,273

$81,273

$106,938

6

$76,419

$92,019

$117,685

Family Tax Credit is for families who earn up to $18,368 (before tax) a year.

 

DEPRECIATION CHANGES

Significant depreciation rule changes in the 2005 Budget were:

building depreciation rate reduced from 4%DV down to 3%DV.
low value asset threshold for writing assets off increases from $200 to $500. 

 

McLEAN AND CO DECEMBER  2005  NEWSLETTER  PAGE 9     

TRUSTEE OF A FAMILY TRUST- SOME HELPFUL GUIDELINES

Most discretionary trusts provide that decisions of trustees are to be unanimous. Most legal commentators agree that providing for unanimous resolutions is a safeguard against abuse and, when there is an independent trustee appointed, a safeguard against a claim that the trust is a sham by creditors including the Inland Revenue.

 

For resolutions to be unanimous all the trustees must have put their minds to the matter to be decided upon.

 

It is an established rule of law, that a trustee must not delegate his or her duties or powers not even to co-trustees. Delegation is however allowed where such delegation is specifically permitted by the trust instrument, is specifically permitted by statute is practicably unavoidable and is in the usual course of business and the particular agent is employed in the ordinary scope of his or her business.

 

A trustee has a duty to act personally and this duty requires trustees to be unanimous in any decisions they make.

 

It must not be thought, for example, that a co-trustee has delegated his, her or its authority to the remaining trustee(s). The law is simply that unless the trust deed provides otherwise - and we have suggested that there are good reasons for not doing so - the trustees are required to unanimously make a decision and have no authority to delegate to one of their number a general authority to make decisions on their behalf.

 

In the recent New Zealand Court of Appeal case of Niak and Sommerville v McDonald and Bank of New Zealand, an independent trustee who had not been consulted about action which was in line with past practice, tried to argue that the decision taken by her co-trustee was nevertheless effective. The Court held that while there was an empowering clause which authorised the trustee to appoint agents to implement decisions made by them - it did not empower the trustee to delegate to an agent a decision making authority which was reserved to the trustees.     The moral of this article is that trustees must consult, consider and record all important decisions to be made in respect of the trust.

Family Trust administration has come under the watchful eye of both IRD and beneficiaries.  The courts have set the following guidelines for trustees:

·         maintain a separate bank account for trust transactions, including distributions to beneficiaries

·         hold regular meetings (at least annually)

·         have a formal meeting agenda

·         keep formal minutes of meetings and include these together with any resolutions in the trust's minute book

·         minute investment decisions

·         make the minute book available to all trustees

·         ensure formal and timely approval of the trust's annual financial statements.

·         make formal decisions on the treatment of income

·         ensure that the power to use majority voting is exercised only after all trustees have been formally consulted on the issue

All information in this newsletter is to the best of the authors' knowledge true and accurate.  No liability is assumed by the author, or publisher, for any losses suffered by any person relying directly or indirectly upon this newsletter.  It is recommended that clients should consult a professional adviser before acting upon this information.

 

ARE YOU OVERDUE IN FILING YOUR 2005 OR EARLIER  INCOME TAX RETURNS?

 

We suggest you contact ourselves quickly  if you have  not as yet provided your records for the processing of your 2005 or earlier Income Tax Returns.            This will enable you to ascertain your tax position, pay any taxes on due date, avoid any potential penalties and interest oncosts, and meet your IRD filing requirements.    We are pleased to assist you in this service.

 

 

 

 

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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