Deciding Between Corporate Versus Individual Trustees For An SMSF

If you have a Self Managed Superannuation Fund (SMSF), the Fund is considered to be a trust and must have a trustee. There are two options as to who this trustee can be.

Barring a few exceptions, it can be individual members, or it alternatively can be a company with the members as the directors and shareholders of the company. The choice, either way, is that the trustee of an SMSF can be either an individual trustee or a company as a trustee.

When choosing the appropriate trustee structure for your SMSF, a closer examination of the advantages and disadvantages will assist you in determining what is right for your needs.

The Cost

When looking specifically at the cost, a company as a trustee could initially cost around $1,000 or more to establish. An annual fee of roughly $50 will also need to be paid to ASIC, and when you are finished with the company, there will be costs associated with deregistering it. Using individual trustees, there is no initial cost associated.

Asset Separation

Most importantly, you have asset separation. The assets are held in the name of a separate entity; if the individuals are ever attacked financially, there is nothing to point toward the super fund.  Even though the fund’s assets should be protected even with individual trustees, if assets are in the individual names, you will need to spend legal fees to prove they are fund assets.

If the fund members are changed, you will need to change the trustees, and if you change the trustees, you need to change the ownership of all the assets. This will be a major administrative burden, as a lawyer will need to be engaged to do the necessary documentation to change the trustees and is required to be engaged if real estate is involved. In most instances, simply changing trustees and ownership of the assets will cost far more in the long run than the initial investment costs of setting up a corporate trustee.

Compliance Concerns

People always make mistakes, but with SMSFs, mistakes can create breaches of the law. If you have all of the assets in a special purpose company name, there is less chance that you will make the mistake of thinking that a particular fund asset (such as a bank account) will be your own asset. If you take money from the super fund account by mistake, thinking it is your own money, the auditor may report a breach. If you deposit money into your SMSF account, which is yours and not the fund’s, you may not be able to take that money back if the mistake isn’t realised in time. While price-wise, individual trustees may seem advantageous at first glance, companies as trustees possess more benefits over individual trustees.

Do you already own a company, and after reading this article, are you asking yourself if you can use that to set up a corporate trustee? It is only recommended that you do so if the company is not operating in any other capacity, but yes, doing so can save on the initial set-up costs.

There is no one size fits all advice we can give you, but we can try to determine what would best suit your needs. We may sit down with you and agree that individual trustees may be appropriate, but if our recommendation is for a corporate trustee, it is for sound financial reasoning.

Debt financing vs equity financing

Gathering funding is a challenge that almost all business owners face at some point. Financing can come in two forms – debt financing and equity financing.

Debt financing is money that you borrow and plan to pay back within an agreed time frame and interest rate. Common forms of debt financing include bank loans, mortgages and credit cards. This may appeal to business owners that wish to maintain complete control and ownership over their business, without having to manage the expectations of investors. Debt financing also means that business owners do not have to share any profits made by the business, as their only obligation to their lender is making payments on time. As well as this, debt financing methods are usually tax-deductible, unlike private loans.

However, debt financing also has its downsides as the cost of capital is higher. Loans from official lenders such as banks typically come with interest rates that also need to be paid in addition to regular repayments.This means that your business must generate enough income to meet the requirements of the debt, which can affect cash flow and could even result in bankruptcy if the business fails and is not able to repay the debt. As well as this, new businesses may struggle to secure a bank loan, as banks often have a strict protocol regarding who can receive a loan.

Equity financing, on the other hand, is when you invest your own money or someone else’s money (usually family and friends, venture capitalists, business angels, or public floats) in your business. As a result of this, the investor of your business partially owns your business and shares the profits you make. This method of financing may be more suitable for business owners who can accept sharing their profits and not having complete ownership and control over their business.

One advantage of equity financing is having freedom of debt as repayments do not have to be made on investments. As well as this, equity financing methods can potentially expose business owners to additional funding opportunities if investors decide to provide more support for the business as it develops. However, business owners considering equity funding should also keep in mind that these methods can often put a strain on personal relationships if the financing was sourced from family and friends, depending on if the business succeeds or fails.

Death Benefits & Super

Intrinsically linked with tax, superannuation is a minefield of concerns for many of us. One such concern is whether super gets taxed after a death.

When a person’s super is paid after their death it’s called a ‘death benefit’. Death benefits can be paid to a dependant only after the owner of the super dies.  A dependant is anyone who has been nominated as such by the deceased in a legal document.

Since super is designed to help fund retirement, the death benefit is made up of the deceased person’s super account balance, and if they had death insurance cover, any insured benefit.

The tax on a death benefit depends on whether:

  • you were a dependant of the deceased
  • it is paid as a lump sum or as a super income stream benefit (Essentially, a super income stream is a way of receiving regular income using the money you have built up in your super).
  • the income stream is an account-based (receive a regular payment and continue to have super invested) or a capped defined benefit income stream (where the amount of tax-free income received from these income streams is limited).
  • the super is taxable or tax-free, and whether the super fund has already paid tax on the taxable component
  • your age and the age of the deceased person when they died.

If you are a dependent of the deceased, you do not have to pay tax if you receive it as a lump sum, but if receiving it as an income stream you may need to pay.

https://www.canstar.com.au/superannuation/super-income-stream/

Dealing with work-related anxiety

Studies have shown that while only 9% of individuals have a diagnosed anxiety disorder, 40% experience ongoing stress or anxiety in their daily lives. For many, work can be the source of constant stress.

Signs that you may be feeling anxious at work include excessive or irrational worrying, sweating, increased heart rate, feeling jittery, or tiredness and fatigue.These symptoms can not only make it difficult to focus and excel at work, but can also reduce job satisfaction, affect your relationship with coworkers and managers, and lead you to turn down work opportunities. This is why it is important to make the effort to manage work-based anxiety so that you can get the most out of your experience at work.

The first step is to acknowledge your work-based anxiety. If you have been feeling anxious at work for months or years, it may almost seem like it is a part of the job. However, this is often not the case. Talking to your coworkers or supervisors about how you’re feeling can be helpful to clarify how others in similar roles are managing their stresses and to identify whether you might be putting unnecessary pressure on yourself. Being mindful of your work anxiety instead of ignoring it can also help you identify what is causing it. From there, you can prioritise tasks or situations that might reduce your anxiety.

Overworking and overthinking is a common source of work-based anxiety. Taking breaks when you feel too busy can seem counterintuitive, however, working for long stretches of time without a break can decrease your ability to properly focus. Allowing yourself to take a break and eat adequate meals throughout the day can refresh your mind and make it easier to concentrate when you return to work.

Another factor that can worsen work anxiety is feeling tired and fatigued. Poor quality sleep can also significantly impact your ability to perform well and make you more susceptible to stress and moodiness, which can contribute to feelings of anxiousness at work.

Individuals who feel like their work stress is no longer manageable should consider working together with coworkers and managers to develop strategies to tackle this stress.

Dealing with interview jitters

An interview can be intimidating even if you are the perfect person for the job. Improving your performance during an interview can be a matter of learning to alleviate your anxiety.

Preparing for your interview can be extremely helpful.

  • Read about the company and what they do
  • Prepare your responses to common interview questions (strengths, weaknesses, plans for the future, etc.)
  • Remind yourself of the achievements that make you worthy of the job

Change your mind-set about the interview

  • Remember that the interview is the best time to understand whether the company culture aligns with your values
  • Think about it as an opportunity to learn more about the organisation, and not just an opportunity for them to interview you

Small details

  • Get a good night’s sleep
  • Avoid caffeine
  • Set aside the clothes you’ll be wearing (Dress for success!)
  • Plan to get to the interview 15 minutes ahead of time

During the interview

  • Focus on your breathing to calm yourself
  • If you need, ask for a second to gather yourself
  • Take water with you and take small sips between questions

Dealing with customer breaches of contract

When two parties enter into a contract, they must follow the agreed terms and conditions outlined. If one party does not fulfil the obligations they agreed to, then a breach of contract has occurred. Businesses often enter many contracts with their clients, and figuring out what to do next can be difficult and stressful.

The first step is to review your contract to confirm that a breach has been made. Having a written contract policy is a great way to make this process easier, as you can refer back to the specified terms and conditions. Written evidence will usually make it easier to resolve the dispute and receive compensation. If your contract was verbal, look for ways to prove that you both agreed on the key terms of the contract.

Businesses are often entitled to a payment that will cover ‘reasonable costs’ of any losses they incur as a result of a consumer breaching a contract. It is expected under the law that both consumers and businesses take reasonable steps to minimise the losses incurred as a result of a contract breach.

Some deals are bigger than others, and you should consider how much the breach will cost your business. For contracts dealing with a small amount of money, common forms of compensation include:

  • A payment plan
  • Commercial settlement
  • An agreement between you and the customer.

If the customer refuses to reach an agreement with you, then you may need to take further legal action by taking them to court. Legal services and efforts to recover a debt can be expensive, so this option would only be suitable for large value contracts. To do this, you need to file a statement of claim, which lets the customer know that you are taking legal action against them. This file will include details of:

  • The relationship between you and the customer that breached the contract
  • What the breach was
  • What sort of compensation you are after.

If you and the breaching customer are still unable to reach an agreement after a statement of claim has been made, the court will then decide if a breach of contract has been made and award you with damages.

Dealing with a bad day at work

Bad days can happen to the best of us, but that doesn’t stop work from needing to get done. Whilst working when you’re feeling down is the last thing you want to do, here are a few ways to pick yourself up and carry on with tasks you need to do.

Take a break:
Stepping away from the office to think can drastically improve your mood and help you look at the day more clearly. Going for a walk or sitting in the park on your lunch break can help you feel relaxed and better energised to go back to work. Even stepping out of the office for a moment to the bathroom can help remove yourself from a stressful situation. Don’t let yourself think about what has gotten you into a slump, think instead of what you can proactively do once you return to the office.

Express emotions appropriately:
Expressing your emotions is ok and necessary to feel better. It can be very easy to rant to colleagues or friends when you are feeling rough but there is a line between venting and gossip. Strong emotions such as anger can see you act out instead of thinking a problem through. Try to observe the problem through an objective lens before discussing it with colleagues or management and keep it strictly professional. This can help you to communicate better and avoid getting caught up in office politics. If you feel the need to express what you are feeling, write down how you are feeling just for yourself and throw it away when you are done.

Practise gratitude:
Regardless of the reason behind your bad workday, there is always something you can be grateful for. Switching to a gratitude mindset helps you to focus less on the bad things that occurred and accept the situation for what is, one bad day at work. Try to leave your negative feelings at work, and spend your evening doing something you enjoy.

Learn from the day:
Problems or unforeseen circumstances are opportunities to learn and grow. After a particularly trying day, take a moment to reflect on what didn’t go so great and possible reasons why. Evaluating what went wrong can help you to better understand how to avoid doing the same thing in the future, teaching you to be proactive, rather than reactive.

Cyber security tips for your business

COVID has prompted businesses to go digital, making cyberattacks an easy job for scammers. Small businesses are especially at risk because of the lack of resources to purchase high security tools and software. Consider using the following strategies to avoid each type of risk to give your business the extra protection it needs.

Avoiding Phishing

Employees may receive emails that invite users to click on links attached to them. These emails can often mimic a casual interaction with a client or business partner, or even your electricity or telephone company. The most effective way to prevent phishing is to be more vigilant with responding to emails. Most organisations do not require personal information like bank details or date of birth over an email, and requests for these should raise a red flag. Checking email addresses for subtle misspells, pop-up messages and invoices for products you never purchased are common tactics to get you to interact with the link.

Anti-virus software

A traditional antivirus software can fail to pick up on newer forms of malicious codes that are used to steal passwords and your personal account information. Consider regularly updating your antivirus software to ensure that all firewalls are up (across all the computers used in your business). It can also be crucial to update your operating system and continually back up your folders and drives to make sure that you are able to access your information in case of data loss.

Securing your network

An unsecure network can cause a variety of security issues, including essentially granting access to anyone who wishes to join your network. Setting up a wireless network usually comes with a default password, and it is important to ensure that this password is changed. For heightened security, consider using multiple networks that separate guests, staff and contractors, for example, to complicate security breaches for hackers. It can be a great idea to use tools that generate random passwords to improve encryption across all your networks.

Multi/two-factor authentication

A growingly popular method of improving security is to use two different sources to identify the user trying to log into their accounts. This typically involves a combination of two types of verification like pins, passwords, fingerprints or a card. While criminals may have stolen one of these proofs, it can be harder to obtain your second proof of identity when being prompted to verify.

Customer service strategies to avoid liability lawsuits

Implementing these customer service strategies will help your business avoid liability lawsuits

Conduct follow-ups during the project

During a project, both you and the client can get busy with running the business and making sure everything goes to plan. This means that your client may not have the time to contact you when an issue arises. Setting time aside that is allocated to checking in with them and verify that things are running smoothly will be beneficial in the long run. It will let you address any problems earlier rather than later so that you can take the right steps to avoid a lawsuit down the line. 

Keep clients updated about their project

Keeping your client in the loop helps build trust and means that you might have some leeway if something goes wrong. For example, consider a scenario where you have done all the work but one of your suppliers is late and prevents you from meeting a deadline. If your client has been kept up to date and knows that you have taken all the necessary steps, then not being able to meet a deadline is likely to be received better than abruptly telling them you’ll be late due to a third party (a lot less believable).

Collect and respond to feedback

At the end of a project, conduct formal or informal surveys to give your customers the opportunity to give you feedback. If you end up implementing feedback, let your customers know that you have done so!

Know when to invest time in hyper-personal contact

Not every customer that experiences an issue is going to bring a lawsuit against you. Some customers will need to be given more attention – follow them up, talk to them, carefully listen to their comments, etc. 

Customer retention strategies

Retaining customers is just as important as acquiring new ones, if not more important. This is because unless customers had a negative experience with your company, they will use your services or buy your products again. 

Here are some strategies you can use to retain your customers:

  • Observing customer behaviours: Analysing customer behaviour patterns will help predict customer needs and create services or products that respond to those needs. This could involve having a sale during periods when your customers show a tendency to engage with your company. 
  • Targeted approach to customers: Collecting data can also help you personalise your approach to individual customers. For example, a certain demographic of customers may value free delivery, while others prefer discounted products. Ensure that you are making the best of the data you collect.
  • Create VIP programs: Rewarding customers that regularly buy from or use your services is important in making them feel valued. Create a VIP program that gives regular customers incentives and benefits so that they are encouraged to continue coming back.
  • Individualised communications: Interactions that are personalised have been found to be effective. This can start with something as basic as sending email campaigns that have the customers’ names.