Are your accountant, lawyer and financial planner working as a team for your benefit?


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As a business owner, you need to leverage off all the relationships you build as your business develops. You therefore need to make smart choices between service providers to your business and advisors who go that step further to help your business grow by adding their expertise and experience. Many successful businesses have an advisory board to guide them in areas where they know they have weaknesses. However, many entrepreneurs need advice, but feel that they can’t ask for help since they’re “in charge”, so I need to start from a more basic position.

I’ll be very blunt and say you can’t afford to have:

  • an accountant who simply prepares your financials, processes your BAS and takes your calls from time to time as issues arise;
  • a lawyer who handles your contract needs for employment or agreements with suppliers and agencies, or who provides those nasty letters to overdue debtors;
  • a financial planner who updates your insurance every few years and diversifies your superannuation to protect your nest egg; or
  • regularly changing business bankers or mortgage brokers who only contact you to service your loan and sell you a new service.

I could go on, but these are probably the core of “service suppliers” to any business. If I have sketched a good representation of your relationships, then you are wasting your time and money.

You need to hire advisors who are going to look after and out for opportunities for your business. You are probably focused on what you do best; you should be using the benefit of your advisors’ expertise to guide and protect your business. For example one pro-active accountant I deal with now asks clients if he  can end me the details of client’s income and super once over 55 to see if a TTR is suitable for them. I run a quick calculation and as a team we meet the client to discuss this and other  savings ideas. Regularly we see savings of over $100,000 in a 5 year period. That’s teamwork.

I regular refer clients back to their accountant or lawyer when I see gaps in their strategies or opportunities for clients to have more certainty in business, finance or estate planning.

Your advisors must have a passion for small business and engage with you, rather than reacting to requests when you to contact them.

They must be thinking ahead. Good advisors should be acting pro-actively for you by:

  • running workshops and seminars on innovative ideas for business growth or expense reduction;
  • providing solutions to improve budgeting and sourcing business concessions;
  •  revamping your credit terms or systemising your data processing through “the cloud”;
  •  thinking years in advance on ideas to fund expansion and manage risk;
  • bringing ideas from other business cases to adapt to your  needs;
  • analysing employment and entity structure options to cater for business growth; and
  • seeking introductions to each other to develop holistic proposals benefiting from their interaction, in your best interest.

You may often not know what the next steps for business growth entail, but they, as a collective, should be able to share other clients’ experiences as stepping-stones to help you negotiate the rapids.

Don’t be afraid to change. If a member of your advisory team is not up to scratch, look for an alternative. If you are not sure what you are looking for, Google “small business advice” in your suburb and seek out the small business professionals that offer case studies, blogs, networking, advice seminars, forums, checklists and other services that show they are not paper shufflers, but business professionals willing to bring more to the table than a service proposition.

Stalk them! Check them on Google, LinkedIn, their website, blog and Twitter. Also check their Professional Association to make sure they are legit. For financial planners look up Adviser Ratings and Independent source of feedback on Advisers.

In summary, understand what different advisors can do for you. Decide what you need from each advisor, leveraging off their strengths, and encourage them to work as a team to meet your needs.

Now the next step is to develop a Strategic Advisory Board, but that’s for another day!

I hope this guidance has been helpful and please take the time to comment. Are you looking for an advisor that will keep you up to date and provide guidance and tips like in this blog? Then why now contact me at our Castle Hill or Windsor office in Northwest Sydney to arrange a one on one consultation. Just click the Schedule Now button up on the left to find the appointment options.

Liam Shorte B.Bus SSA™ AFP

Financial Planner & SMSF Specialist Advisor™

SMSF Specialist Adviser 

 Follow SMSFCoach on Twitter Liam Shorte on Linkedin NextGen Wealth on Facebook   

Verante Financial Planning

Tel: 02 98941844, Mobile: 0413 936 299

PO Box 6002 BHBC, Baulkham Hills NSW 2153

5/15 Terminus St. Castle Hill NSW 2154

Corporate Authorised Representative of Viridian Advisory Pty Ltd (ABN 34 605 438 042) (AFSL 476223)

This information has been prepared without taking account of your objectives, financial situation or needs. Because of this you should, before acting on this information, consider its appropriateness, having regard to your objectives, financial situation and needs. This website provides an overview or summary only and it should not be considered a comprehensive statement on any matter or relied upon as such.

Image courtesy of aechan at FreeDigitalPhotos.net

Adapted from my original article on MYOB’s small business blog in 2012 http://myob.com.au/blog/are-your-accountant-financial-advisor-and-lawyer-operating-as-a-team-for-your-benefit-2/

11 most common Family Trust Deed faults that can still be rectified


Deeds

I am always on the look out for interesting tips for clients and while this may not necessarily SMSF related, many of my readers are also involved in family or discretionary trusts.  I came across a blog from Dr. Brett Davies at Legal Consolidated over the weekend and found it useful for my own circumstances so, with his permission, I am “paying it forward”.

In his blog Son lost the farm to his sisters – Family Trust guilty he explained how the best intentions of a person in setting out their wishes and division of their assets on death can be overturned by not understanding how control of assets is managed and passed on properly to the intended beneficiaries when dealing with companies and trusts. I’ll leave you to read the blog yourself but I will point out the key 11 issues Brett and his team identified from reviewing thousands of trust deeds over the last few years. Take the opportunity to review your trust deed and look for the ability:

  1. For the Commonwealth Bank and other lenders:
    · indemnify out of trust assets
    · allowing conflict of interest under both statute and common law
    · increasing the class of investments including exotics, warrants, derivatives and options
  2. Allowing greater powers and methods of amending the trust deed
  3. Improve Asset Preservation, strengthen bankruptcy protection and ensure no Partnership relationships
  4. Changing trustee with minimum stamp duty, especially for land rich trusts
  5. Managing Division 7A issues and avoiding automatic breaches
  6. Change the vesting date pursuant to the new taxation cases
  7. Change jurisdictions to allow forum shopping and ease of litigation
  8. Change beneficiaries and classes of beneficiaries (but subject to CGT rules)
  9. Allowing changes to the trust to be verbal and via minute or any other mechanism
  10. to adapt the general ‘Streaming provisions’ based on ATO’s latest rulings:
    · franking credits
    · streaming different classes of income and capital for minors for deceased estates, life insurance and super funds
    · attribution relating to distributing capital gain to beneficiaries
    · Bamford Decision including defining ‘income’
    · Loss Recoupment
  11. to decide if the majority of Appointors should be able to take all the proceeds of the trust over the minority or not.

Maybe take this list to your advice team (solicitor, accountant and financial planner) and ask them to review your trust deed and estate planning to ensure you have a trust that can confidently meet your needs and manage your affairs for you while alive and for your ultimate beneficiaries. If you are not sure your legal advisers are up to it then ask us to put you in touch with Brett and his team at Legal Consolidated or to liaise with your current solicitor.

Looking for an adviser that will keep you up to date and provide guidance and tips like in this blog? Then why now contact me at our Castle Hill or Windsor office in Northwest Sydney to arrange a one on one consultation. Just click the Schedule Now button up on the left to find the appointment options. Do it! make 2016 the year to get organised or it will be 2026 before you know it.

Please consider passing on this article to family or friends. Pay it forward!

Liam Shorte B.Bus SSA™ AFP

Financial Planner & SMSF Specialist Advisor™

SMSF Specialist Adviser 

 Follow SMSFCoach on Twitter Liam Shorte on Linkedin NextGen Wealth on Facebook   

Verante Financial Planning

Tel: 02 98941844, Mobile: 0413 936 299

PO Box 6002 BHBC, Baulkham Hills NSW 2153

5/15 Terminus St. Castle Hill NSW 2154

Corporate Authorised Representative of Viridian Select Pty Ltd ABN 41 621 447 345, AFSL 51572

This information has been prepared without taking account of your objectives, financial situation or needs. Because of this you should, before acting on this information, consider its appropriateness, having regard to your objectives, financial situation and needs. This website provides an overview or summary only and it should not be considered a comprehensive statement on any matter or relied upon as such.

Image courtesy of Stuart Miles at FreeDigitalPhotos.net

#SMSF Alert : ASX reduces trade settlement period from 3 to 2 days


I know that many SMSF Investors manage their cash very carefully to eek out the best possible returns so this is just a warning for those that don’t fund share purchases until the last moment.

On 7 March 2016, the Australian Securities Exchange (ASX) is shortening the trade settlement period for Australian share market trades from three days to two days.

This means that SMSF investors buy and sell trades will settle one business day earlier.

The new Settlement Date will be the Trade Date (T) +2 business days. For example, if the order executes on Tuesday, settlement will take place on Thursday

Source: CommSec Adviser Services

Source: CommSec Adviser Services

When the ASX moves from a T+3 to T+2 settlement period, you will need to ensure that for buy trades, cleared funds are available in their settlement account one day earlier on the morning of T+2. You will also receive proceeds from sell trades one day earlier.

I hope this guidance has been helpful and please take the time to comment. Feedback always appreciated. Please reblog, retweet, like on Facebook etc to make sure we get the news out there. As always please contact me if you want to look at your own options. We have offices in Castle Hill and Windsor but can meet clients anywhere in Sydney or via Skype.

Liam Shorte B.Bus SSA™ AFP

Financial Planner & SMSF Specialist Advisor™

SMSF Specialist Adviser 

 Follow SMSFCoach on Twitter Liam Shorte on Linkedin NextGen Wealth on Facebook   

Verante Financial Planning

Tel: 02 98941844, Mobile: 0413 936 299

PO Box 6002 BHBC, Baulkham Hills NSW 2153

5/15 Terminus St. Castle Hill NSW 2154

Corporate Authorised Representative of Viridian Select Pty Ltd ABN 41 621 447 345, AFSL 51572

This information has been prepared without taking account of your objectives, financial situation or needs. Because of this you should, before acting on this information, consider its appropriateness, having regard to your objectives, financial situation and needs. This website provides an overview or summary only and it should not be considered a comprehensive statement on any matter or relied upon as such.

SMSF Jargon busting – Who are the related parties of an SMSF?


"Related Parties"

So you have a great idea to move some assets to your SMSF but you want to stay within the rules and keep your fund compliant. Then you hit the jargon associated with Superannuation rules and regulations.

You need to understand who are “related parties” of your SMSF for two reasons, to ensure compliance with the acquisition from a related party rules and to determine the in-house assets.

A related party is defined in the Superannuation Industry Supervision) Act 1993 known as the SIS Act. This is the bible when it comes to Superannuation so you should save that link above. Anyway in the SIS Act sec 10(1) a related party is defined as:

  • Fund member
  • Standard employer-sponsor of the fund or
  • Part 8 associate of a fund member or a part 8 associate of a standard employer-sponsor of the fund.

Ok the first one is easy. Any member including you yourself is a related party.

Standard Employer

A standard employer sponsor of a fund is an employer who contributes to the fund due to an agreement between the employer and the trustee of the fund. These were common in the early days of SMSFs but largely non-existent now.

Where an employer only contributes to a fund due to an agreement between the member and the employer such as under a salary sacrifice arrangement, they will not be considered a standard employer sponsor.

If an SMSF has a standard employer sponsor, which would be uncommon, the relationship will be noted either in the trust deed or in an attached schedule to the deed.

Part 8 associate

Now prepare for a headache to hit you hard after reading this one.

Part 8 associates are broken down in the legislation to Part 8 associates of individuals, companies and partnerships. However, if there is no standard employer sponsor, we only need to examine the part 8 associates of the members who will always be individuals.

The part 8 associates of a member are:

  1. a relative of the member (parent, grandparent, brother, sister, uncle, aunt, nephew, niece, linear descendant or adopted child of the member or their spouse or a spouse of the aforementioned)
  2. other members of the SMSF (a person who is not a member but acting as individual trustee or director under an Enduring Power of Attorney is not necessarily a Part 8 associate)
  3. a partner of the member (legal partnership, not ‘business partners’ i.e. company directors) and their spouses and children
  4. the trustee of a trust the member controls and
  5. a company sufficiently influenced by, or in which majority voting interest is held by the member and their Part 8 associates either individually or together.

A member of the fund will be deemed to control a trust where the member and/or their part 8 associates are:

  • entitled to a fixed entitlement of more than 50 per cent of the capital of the trust,
  • entitled to a fixed entitlement of more than 50 per cent of the income of the trust,
  • able or accustomed (formally or informally) to direct the trustees to act in accordance with their directions or
  • able to appoint or remove trustees.

A company will be deemed to be controlled by a member where the directors are accustomed or under an obligation to act under the instructions of the member and/ or their Part 8 associates or the member and/ or their part 8 associates have more than 50 per cent of the voting rights.

OK, so I warned you to beware of the headache inducing nature of dealing with “Part 8 Associates”. Was I right or was I RIGHT!

The best advice I can give you is to get advice before transferring assets and ask for the advice and get that advice in writing so all parties are sure of the scenario and no mistakes are made.

Are you looking for an adviser that will keep you up to date and provide guidance and tips like in this blog? Then why now contact me at our Castle Hill or Windsor office in Northwest Sydney to arrange a one on one consultation. Just click the Schedule Now button up on the left to find the appointment options.

Liam Shorte B.Bus SSA™ AFP

Financial Planner & SMSF Specialist Advisor™

SMSF Specialist Adviser 

 Follow SMSFCoach on Twitter Liam Shorte on Linkedin NextGen Wealth on Facebook   

Verante Financial Planning

Tel: 02 98941844, Mobile: 0413 936 299

PO Box 6002 BHBC, Baulkham Hills NSW 2153

5/15 Terminus St. Castle Hill NSW 2154

Corporate Authorised Representative of Viridian Select Pty Ltd ABN 41 621 447 345, AFSL 51572

This information has been prepared without taking account of your objectives, financial situation or needs. Because of this you should, before acting on this information, consider its appropriateness, having regard to your objectives, financial situation and needs. This website provides an overview or summary only and it should not be considered a comprehensive statement on any matter or relied upon as such.