Archive for September, 2009

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The Unknown Unknowns

Monday, September 7th, 2009

Just how comfortable are you that all your work is being done correctly and you’re not getting to a place where your business is falling foul of things?

Many people believe that they are being well served by their professional advisors because, well, they’re professional advisors. Sort of like saying I know they’re good because I say so!

In many cases, this is not quite right. We’ve seen numerous occasions where a potential customer has approached us with a view to doing their work.  The thing is that we will find (usually) a raft of issues where there are significant omissions from their reporting/tax. I’ll give you some examples:

  •  a medical specialist who came to us – he was structured completely incorrectly – we sorted that out and realised a saving of $16,000 for him EVERY YEAR from then on;
  • a customer who approached us about doing their work – they have a number of commercial buildings on which their then accountant wasn’t claiming the depreciation – cash savings to him of around $25,000 per year EVERY YEAR from then on including amendments for previous years getting them tax back; and
  • customers who came to us to review their situation – we were able to implement strategies which gained them about $10,000 tax back for previous years and enabled them to get additional deductions EVERY YEAR from then on.

In all cases, these people were using advisors who they believed were doing their work correctly – they were, it’s just that they weren’t thinking about things as we do with the consequence that they were paying far more tax than they needed to be.

We don’t pretend to be the stars out there – it’s just that, based on our experience, we see a lot of opportunity to do high value work for people where they haven’t been aware of what they can be doing.

So have a think about what you (and your advisors) know and don’t know – odds-on there are a range of unknown unknowns out there that are potentially costing you money.

Trust – In Deed!

Thursday, September 3rd, 2009

There is starting to be a little bit of discussion amongst the leaders of the legal and accounting professions regarding the use of Trusts for client structures.

Trusts have been around in Australia (and most UK-based legislatures) for years and they generally work very well.

The problem comes about when a number of accounting and legal firms start drafting and selling Trust Deeds to their clients when the firms doing the drafting are not really “over” the issues with regard to the drafting.

There are a raft of matters to be considered when drafting a Trust Deed and, unfortunately, many of the sellers of these Deeds do not fully consider the issues before selling them to an un-suspecting client base.

We’ve recently had cause to review some Trust Deeds prepared by some firms for clients (prior to them coming to us). The issues created by these Deeds are absolutely horrendous! Rather than dealing with the matters which they should deal with and consider carefully some pretty fundamental matters like definition of income, they seem to cut and paste very old definitions which are no longer referable or applicable to the legal enviroment in which we now operate.

In some cases, the Deeds are, as a Tax Barrister friend of mine said recently “internally inconsistent”. This makes it impossible to use the Deeds in any effective way.

So, you need to be very careful when ordering your Deeds – they need to be drafted by a lawyer who understands the issues around them (and not only the commercial aspects - the taxation aspects).

One other thing we’ve noted over the past 10 or so years – a number of accounting firms will merely grab a Deed from (usually) an existing client, copy it and attach a new schedule to the back of it in an attempt to create a new Deed. This is not only dangerous, it’s stupid and negligent.

When considering your structure and whether you will use a Trust as part of that, take your time and carefully consider the knowledge and expertise of your advisor with regard to the Trust Deed you end up with – it can create more trouble than you would believe if it’s a poor Deed and your advisor has not been careful in operating the Trust in accordance with the Deed.

A little bit of care at commencement can, quite possibly, save a whole heap of pain and cost down the track.

So, who do you Trust?