Evaluating risks in business  

Business owners are faced with constant challenges and tough decisions to make on a day-to-day basis. Risk-taking is often necessary to achieve more in the business, but owners need to make informed choices to avoid potential damages. To manage risk effectively, a proactive stance needs to be taken in identifying and responding to risks before a crisis strikes.

Identify risks:
The Australian standard defines risk as ‘the chance of something happening that will have an impact on objectives’. Risks can be hazard-based, uncertainty-based or opportunity-based, with both tangible and intangible items posing risks for your business. Owners may find it easy to list the physical items at risk such as assets and infrastructure, yet neglect intangibles such as injury to staff, loss of important business information, fraud, product recalls, supply chain disruptions and more. It is important for business owners to be aware of the risks they could face in their business.

Calculate your risks:
Making an educated assessment of both the likelihood and potential severity of risks can help prioritise your responses. Once the risks have been identified they should be ranked on the likelihood of occurrence and the severity of consequence it might impose on the business. This risk criteria helps to form a risk rating which can be ranked from low to extreme. The risk rating helps you to determine what situations need more time, attention and resources.

Manage your risks:
Finally, the risks need to be managed effectively. There are four ways of managing risk including avoiding the risk, transferring the risk, reducing the risk and accepting the risk. Avoidance is not always the best or viable solution as there is no way to ever be completely risk free. Transferring is a common way of avoiding damage as the risk is no longer your problem, for example, insurance and product warranties. Reduction of risk comes from a sound knowledge of your business and little things you can do that make a difference. Acceptance is for those owners with experience and a clear mind. Nothing in life is without risk, the business owners who accept this and learn from challenges are the ones who find success.

What to look for when choosing a super fund

Over the course of your life, the contributions made to your superannuation fund can often end up being your greatest asset. Because of this, selecting a super fund is an important decision, choosing a fund with the right investment strategies for you could be the difference between retiring comfortably or not. There are five different types of superannuation fund to choose from but not all options are available to everyone.

SMSFs:
Self-managed super funds (SMSFs) are those where the trustee is responsible for managing and making regular contributions to the fund. This option allows for more responsibility in terms of administration, compliance and investment decisions. A lot of work goes into the management and legal requirements of an SMSF so knowledge and understanding of obligations are vital.

Industry funds:
Industry funds generally cater to employees from a specific industry although they are open to everyone. Industry funds are not-for-profit, meaning they have historically charged lower fees on average with profits funnelled back into members’ funds.

Retail funds:
Retail funds are offered to everyone and are usually run by investment companies or banks. They were developed in the interest of those who were interested in investing and saving for their retirement. Retail super funds offer investment expertise and personal service to their clients, charging a commission for that service. A portion of the profits derived from the activities of retail super funds then goes to the shareholders.

Corporate funds:
Corporate funds are offered to specific corporations or if you are employed by a particular employer. They often return profits to their members (although they can be retail funds too), offer a wide range of investment options and are low to mid-cost funds if the business is large.

Public sector funds:
Public sector funds are offered to state and federal government employees. They generally include a wide range of benefits, lower fees and allow members to make higher super contributions.

When making comparisons between various super funds, you should look at factors, such as associated fees, benefits you will be eligible for, opportunities to invest and customer service provided by the fund. Also look for any extra benefits, such as the ability to make higher contributions, and how the fund has performed in the past five years.

FBT car parking threshold changes

The ATO has released the Taxation Determination 2019/9, which outlines changes to the fringe benefits tax (FBT) car parking threshold.

The car parking threshold for the year commencing on 1 April 2019 is $8.95. This replaces the amount of $8.83 which applied to the FBT year ended 31 March 2019. The increase has been set by adjusting the previous year amount by a factor equivalent to the movement in the Consumer Price Index (1.3%).

Section 39A of the Fringe Benefits Tax Assessment Act 1986, sets out a number of conditions that must be met before car parking facilities provided by an employer to their employees will be subject to FBT. These conditions include:

  • A commercial car parking station is located within a one-kilometre radius of the employer-provided car park.
  • The lowest fee charged by the car park operator is more than the car parking threshold.
  • The car is parked for more than four hours between 7am and 7pm on any day.

There are circumstances where car parking benefits are exempt from FBT. These exemptions apply to:

  • Employers who meet the conditions of a small business entity.
  • Institutions of certain research, education, religion and charity.
  • Employees with a disability (irrespective of the type of employer).

The small business car parking benefits exemption applies where all of the following conditions are satisfied:

  • The parking is not provided in a commercial car park.
  • The employer qualifies as a small business with a gross total income for the last income year before the relevant FBT year of less than $10 million.
  • The employer is not a government body or listed public company.

Find the perfect employee for you

Picking the wrong employee after a long interview process ultimately results in wasted time and lost money for a business. A successful interview can often start before even meeting, as social networking sites such as LinkedIn are becoming an increasingly popular way to identify job candidates. There are constantly new ideas emerging about how to best conduct interviews, many of which will be able to give you a much better idea of how a candidate will perform in the role.

Consider graduates:
Hiring recent university graduates is a great way to bring fresh ideas and energy to your business. Having learnt the newest technical skills and the best ways to implement them, graduates are eager to gain experience, giving you the potential to shape their work habits to suit your company. Graduates also have far lower salary expectations, meaning that they can be an affordable source of talent. Explaining what the different career progression options for them within the company would be or demonstrating how experience with your organisation will look great on their future CV can also help appeal to graduates with more long term goals.

Re-frame interview questions:
Most interview candidates will have rehearsed their answers to traditional job interview questions, making it hard to get an accurate reading of their abilities. If you present a question in a slightly different way to normal, you will get a more natural answer that is reflective of the candidate’s adaptability. Try using;

  • Fact-based questions: helps the interviewer confirm whether or not the potential candidate has the skills required for the job, as well as provide information that can be cross-checked against their resume to verify accuracy.
  • Situational questions: provides any insight into how the candidate would handle situations that may arise in the business.
  • Behavioural questions: gives insight into how a person may behave, helping to determine whether or not they will work well with others and be a good fit for a business.

Get a second opinion:
Inviting other staff members to sit in on interviews, either as silent observers or active interviewers can give you a second opinion. This also helps to more accurately read a candidate as other people will focus on different qualities or skills that could be valuable to the company’s inner workings.

Deduction rules for small businesses

Spending on capital assets usually cannot be deducted immediately. Instead, small businesses claim the costs over time in accordance with the asset’s depreciation. There are many different processes that businesses can employ to make claims on their assets. For small businesses with lower-cost assets, methods such as simplified depreciation or the threshold rule can help to make more effective claims.

Simplified depreciation:
Under simplified depreciation rules, business owners can immediately deduct the business portion of each depreciating asset that was first used or installed ready for use up to:

  • $30,000 from 7.30pm (AEDT) on 2 April 2019 until 30 June 2020.
  • $25,000 from 20 January 2019 until 7.30pm (AEDT) on 2 April 2019.
  • $20,000 before 29 January 2019.

Owners can also pool the business portion of most other depreciating assets that cost more than the relevant threshold in a small business asset pool. Then they can claim a 15% deduction in the first year, regardless of whether they were purchased/acquired during the year, and then a 30% deduction each year after. When less than the relevant threshold, the balance of the small business pool can then be written off at the end of an income year. This is calculated before applying any other depreciation deductions.

The threshold rule:
The threshold rule allows owners to claim an immediate deduction for most expenditure of $100 or less, including any GST, to buy physical assets for the business. The rule is designed to help save time as purchases don’t have to be specified if they are of revenue or capital nature. The threshold rule doesn’t apply separately to expenditure on an element of a composite asset. This means items that are not functional on their own wouldn’t normally be classified as a separate asset. Some examples of items costing $100 or less that fall within the threshold rule are:

  • Office equipment – staplers, pens, books, etc.
  • Catering items – cutlery, glasses, table linen, etc.
  • Tradesperson small hand tools – pliers, screwdrivers, hammers, etc.

The threshold rule doesn’t apply to expenditure on:

  • Establishing a business, business venture, building-up a significant store or stockpile of assets.
  • Assets held under a lease, hire purchase or similar arrangement.
  • Assets acquired for lease or hire to (or that will otherwise be used by) another entity.
  • Any part of a collection of assets that are dealt with commercially as a collection.
  • Trading stock or spare parts.

Ineligible downsizer contributions and how they are administered

When a downsizer contribution is ineligible, the fund must re-assess the amount in accordance with the Superannuation Industry (Supervision) Regulations 1994 and the trust deed. This is to determine if the amount can be retained as a non-concessional contribution.

Provided the trust deed allows so, the fund can return the contribution to the member or adjust the prior downsizing contributions to nil and report this amount as a non-concessional contribution when the member meets the age and work tests.

When a contribution can’t be returned or returned in full:
Members who no longer have a super interest with the fund, or an insufficient return amount, must have their contribution re-reported as non-concessional, even if the contribution was returned because the member did not meet the age/work tests. Some of the contributions may be an excess non-concessional contribution (ENCC). Regardless of the age of the member, if this is the case the member will receive an ENCC determination or when the fund can’t return the full amount. Members will continue to have access to all review rights under the ENCC scheme including:

  • Applying for a Commissioner’s Discretion if they have special circumstances; or
  • Lodging an objection to the ENCC determination.

Even if the member is in pension phase, the funds will still need to return an ineligible downsizer contribution if it cannot be accepted.

When a fund receives a release authority:
An amount released under these circumstances is treated as a super lump sum as it is a portion of the member’s super interest. Being in pension phase doesn’t prevent a fund from complying with the release authority although it may mean the full amount can’t be released, as the available balance may be lower than the amount stated in the release authority. Where the member’s available balance is lower than the release authority amount, the fund must release the maximum amount available.

The ATO monitors the rectification of this contribution reporting. Where funds don’t act within legislative timeframes, the Australian Prudential Regulation Authority (APRA) may be contacted.

New ATO toolkit helps small businesses get expenses right

The ATO has developed a new toolkit that helps small business owners to understand their entitlements and avoid mistakes in their tax returns.

The 2019 Tax Time Toolkit Small Business covers information about:

  • Three of the most common expenses: home-based business, motor vehicle, and business travel.
  • Single Touch Payroll (STP) for small employers.

These toolkits are designed to highlight areas that small businesses may struggle with at tax time. Subjects include:

  • Information about claiming deductions for home-based business expenses.
  • Types of motor vehicle expenses that you can claim.
  • The importance of accurate record keeping.
  • How to differentiate between business and private use.

As it is common for there to be confusion around these topics, taking the time to understand your obligations as a business owner can streamline the returns process and help to ensure correct reporting.

One of the factsheets, in particular, provides options and support for employers using STP. Some of the important topics outlined in the fact sheet include:

  • What information you need to report and when you need to report it.
  • How to correct the amounts reported.
  • The changes to payment summaries.
  • Information you need to provide to your employees.
  • Available exemptions.

With STP now applying to all businesses, owners who are not familiar with requirements are encouraged to look into areas they are unfamiliar with.

Whether you use a registered tax agent or lodge your own tax return, this toolkit and other tax toolkits provided by the ATO includes practical information to help small business owners and operators with their tax obligations throughout the year.

Teaching your staff to be social media savvy

Although approximately 52% of the Australian population use social media, not everyone understands how online presence, both individual and work-related, reflects on a business. Your staff are representatives of your business meaning their online profiles can unintentionally affect your brand’s image and influence potential customers. While this isn’t always a bad thing, enforcing a social media policy and educating your staff on the importance of your business’ online presence can help to avoid mistakes and better prepare for issues that may arise.

Company profiles:
For best results, don’t give full access to social media accounts to everyone, too many employees logging on and changing things can lead to misuse. Instead, define team member roles and accessibility when you first employ a social media strategy to help create workable boundaries. By delegating regular tasks to particular employees, like content posting or customer service, helps to create a routine that everyone can follow and accountability if there is an issue. This also establishes who is allowed to speak on behalf of the company.

Have an action plan in place for different scenarios, such as security breaches or PR issues, and make sure everyone is aware of the procedures. In a crisis management plan, you should include an up-to-date emergency contact list with specific roles of the social media team as well as your legal and PR experts. Guidelines for identifying a crisis, communication plans and an approved process for response will also help. By having a plan in place, you are properly equipping your staff to handle problems in the correct manner and as quickly as possible.

Personal profiles:
Your employees’ online network can be a blessing and a curse to your business. To avoid reputational damage make sure your staff is aware that any inappropriate or harmful mentions of your business will be met with professional consequences. You should educate your staff on what constitutes unprofessional online conduct. Some examples include:

  • Any rants bad-mouthing customers or management.
  • Pictures of management or co-workers that are put up without consent or reflect poorly on the business.
  • Proof of pretending to be sick to avoid work.
  • Defamatory comments about your business or workplace.

Instead, try encouraging your staff to highlight the positive aspects of work such as your office environment, special offers or workplace achievements. Make sure they tag your business whether it be on LinkedIn or Facebook.

Getting on top of cash flow

Managing cash flow is critical to the success of a small business. While it is necessary to be profitable, your profit is a number that shows up on your accounts at the end of the year whereas your cash is the money you have in the bank. In a small business, it is cash that determines whether you can pay your expenses. By incorporating the following tricks, you can help to maintain the flow of money coming in and keep the business running smoothly.

Prepare a cash flow projection:
There are always unforeseen challenges or changes in the marketplace. While you won’t always be able to predict or forecast these, you can gain a better grasp on industry trends and patterns. No matter what business you’re in, you’re going to have a lag between outgo and income, often having to pay for raw materials and equipment before seeing a payment. Drawing up a cash flow projection can help you plan the ups and downs of your spending. In your projection, be sure to include:

  • Cash receipts, including income from sales and income from financing.
  • Cash disbursements, including all expenses (cost of goods, operating expenses, loan payments, income tax payments, etc).
  • Net cash flow — opening cash balance plus receipts, minus disbursements.
  • Ending cash balance.

Generate new business:
The business is going well; you’re meeting your targets, money is coming in, and you’re happy. This is not a time to relax, it is a time to be seeking out and generating more business. Cash flow may keep your business alive, but sales are what keeps cash flow alive. Keep expanding and preparing your business to cater for growth. This will help prevent you from chasing your tail when times are tough.

Be prompt with billing:
Businesses don’t get paid unless they send their invoices out. Many businesses, however, delay sending out their bills. This may be for various reasons such as feeling uncomfortable asking someone for money, being afraid of confrontation over how much they’ve charged, or just too busy working to compile and send the bill. The longer you wait to send out your invoices, the greater the chance you won’t get paid.

Be wary of unregistered tax preparers

The Australian Taxation Office (ATO) is warning taxpayers to keep an eye out for people posing as tax agents who are not registered with the Tax Practitioners Board (TPB). Only a registered tax agent can charge a fee to prepare and lodge your tax return.

There are concerns from the ATO about the number of people claiming to be tax agents, often promising refunds that sound too good to be true, or providing discounted services much cheaper than registered, legitimate tax agents. Unregistered preparers will often use a taxpayer’s personal login details to access their ATO Online account through myGov to lodge tax returns.

To protect yourself from a large tax bill or from facing penalties, check that your tax agent is registered on the TPB website or ask to see their Certificate of Registration of Tax Agent. Protecting your myGov login details and password will also ensure safety as a legitimate tax practitioner will never ask for your myGov credentials. Registered tax agents can access the information they need themselves through ATO online services dedicated to lodging returns for their clients.

Individuals should also be aware that if you use an unregistered tax or BAS agent and they are negligent, you will not be protected under the safe harbour provisions set out in the Taxation Administration Act 1953.