Cashflow is one of the biggest issues facing small business.  We all complain about it and get upset at the client who has not made payment, particularly if you have gone out of your way to do a great job for them.  In my business cashflow management is a huge issue as we have a large number of clients and it is very easy to lose control of our Accounts Receivable.  You need to be vigilant.  Take you eye off those debtors and they can very quickly get out of hand.

Money is what makes business happen.  If we don’t invoice our products and services, we don’t get paid and we are no longer in business.  Yet discussing price and payment is a topic that many of us do not feel comfortable with.  I know, because I am one of those business owners who cringes at discussions on pricing and payment.  Debt collection is without doubt my least favourite part of owning a business.

There will always be clients who don’t pay you bills or have difficulty paying our bills, but are we doing the best we can to give our clients the opportunity to pay our bills?  What is your invoicing process?  How easy is it for your client to make payment?

Here are four tips to help your client make timely payments of your invoices.

1.       Use an online invoicing system

Whether you are using Xero, QBO, MYOB or a purpose-built app, there will be the ability to create and send your invoices on the spot.  Honestly, if you are still handwriting your invoices you need to move into the 21st century.  We have mobile technology in our telephones that is infinitely greater than anything we could have imagined 20 years ago (when it was standard practice to hand write or type up invoices).  Everyone who is below the age of 80 (and many who are over the age of 80) has an email address.  Why are you not using the mobile app on your phone or tablet to create the invoice and deliver it (via email) while you are with your client?  I guarantee if you sit down with your accountant for 1 hour to get your invoice program set up, and you genuinely take an interest in learning how to use the program – you will be able to do it.  The investment you make by paying your accountant to help you, taking the time to learn and paying the subscription fees for the software WILL pay off if you embrace the technology.

The faster you get your invoice out – the faster you will get paid.

2.       Attach a payment system

Do you have the option on your invoices to press the “Pay Now” button to allow for fast and easy payment?  If not, why not?  There are many payment apps out there that easily connect to your accounting system to make payment as easy as possible.  Examples such as Pinch (see link to interview below), Stripe, Go Cardless and Paypal are all very simple to set up.  These systems charge you for each payment, so you only pay when the service is used.  In many cases you can get the client to pay the fees, or perhaps you just accept the fees as part of doing business (and getting paid faster).

3.       Consider a card reader so you can get payment in person

The Square card reader is now available at Officeworks so it is fair to say that mobile payment devices are becoming mainstream.  It is a simple mobile app and a small device that allows your client to tap their card while you are out on site.  You can’t get paid much faster than that.  For more details check out their website.

https://squareup.com/au/en/hardware/reader

4.       Debt collection policy

It is important that you have a policy for debt collection, but that policy needs to be followed closely.  Due dates are given for a reason so if the due date has passed, follow up.  There are some people out there who will not pay invoices until they have been followed up (which I personally think is very disrespectful as a customer) but be aware that some of your clients may be waiting for you to chase them because that is their arrogant way of doing business.

As a customer I don’t wait for a follow up to pay my invoices, but I do sometimes forget that something is due and payable.  Maybe the invoice has been sent to one of my staff, so I was not aware it needed to be paid.  Maybe my busy schedule has not made paying an invoice as a priority and I have simply overlooked it.  Maybe you need to do something to get my attention? I am sure in most cases non-payment of invoices is simply due to an oversight.

Whether it be an automated invoice reminder (set up in Xero), a statement, an email or a text – a soft communication method will normally get your invoice paid.   If that doesn’t work a follow up phone call should be made to remind your client that you did something for them and they have not paid for it.  It is not for you to be embarrassed about – they are the ones who have not paid.  There should be no fear in asking for what is rightfully yours.

If you do not feel comfortable making these calls consider a debt collection service.  An example is Chaser https://chaserhq.com/, which is an app that integrates into Xero and provides real follow up on your outstanding debts.  There is nothing wrong with outsourcing the tasks you don’t feel comfortable doing. Your time is valuable so paying someone else to do something you don’t like doing is never a waste of money.

You have done the work and you deserve to be paid for it.  Take this part of your business seriously.  If cashflow is an issue for your business think about what changes you could be making to improve your cashflow.

Explaining how a Trust structure works to a client who does not have a legal or accounting background is difficult.  In fact, explaining a trust to someone who does have an accounting background can sometimes be difficult as well.  Trusts are complex beasts.  I spent a semester of my Masters degree intensely studying the topic of Trusts.  I have read many books and been to conferences specifically about Trusts, yet I definitely would consider myself an expert.  It is completely OK to think that Trusts are complicated because they are.

I want to share with you the way I explain Trusts to my clients.  This is an intentionally simple explanation.  I am aware that there is so much more to know, but I also feel that understanding the basic concept is a critical stepping stone in your journey to become the proud owner of a Trust.

Let’s go back to Ye Olde England

Trusts started back in 12th Century and relate to the King of England and The Crusaders, but I prefer to explain trusts as they would have been used in Jane Austin times.  I may be taking some creative liberty with this story, but I think it helps get the message across.

Back in those days, women were not able to own property in their own names.  This caused a dilemma for the wealthy landowner who only had daughters.  What would happen when he passed away?  How could he leave his property to his wife and daughters when they were not legally able to hold the title to the property?

Enter “Old Mate” down the road, the landowner’s trusted friend.  What if he left the property to “Old Mate” who could be the legal owner of the property, with an agreement (based on the landowner’s trust of the moral fortitude of “Old Mate”) that he would do the right thing by the women family members?  They could live in the property and benefit from any income the property would derive without any legal entitlement to do so. There is a distinct reason that the word “trust” is used!

Essentially a Trust is just a relationship.  The relationship between the Trustee (Old Mate) and the Beneficiaries (the wife and daughters).  The relationship between the legal owner and those who should reap the benefits of the assets of the trust.

In current time

Return from the times of Pride & Prejudice and think about your own trust structure and how it works.  The Trustee is likely to be a company (a Corporate Trustee) or it may be some individuals.  The rules that define the relationship between the Trustee and the Beneficiary are formalised in a document called the Trust Deed.  The Trust Deed names the beneficiaries of the Trust, explains the powers of the Trustee, and outlines the operating rules for the Trust.   If you do have a Trust, take half an hour to read your Trust Deed.  It will be riveting reading (I know), but it is a very important document.

Our court system has come a long way since the days of the Crusaders and now it is the legal obligation of the Trustee of a Trust to act in the best interests of the beneficiaries.  This is known as a fiduciary duty, the requirement to put another person’s interests in front of your own.

The Settlor

There are a few more concepts and roles that you need to be aware of so I will try to explain them as simply as I can.  A trust must be settled over a piece of property and the person who provides that property is known as the Settlor.

In our Ye Olde England example, the Settlor would have been the landowner who was giving the property to Old Mate to create the Trust.  I appreciate that may have been part of a will, but let’s just set that aside for this example and assume he created the trust prior to his death.

In today’s typical Trust set up the Settlor is often a lawyer, accountant or friend who is generous enough to give the trust a sum of money (usually $100 – $500) to start the trust.  Once this act of generosity has been performed, the Settlor has no further role in the Trust.  Most Trust Deeds specifically say this – so please don’t think your lawyer or accountant has somehow wormed their way into your family business or investments by being the Settlor.  In some states (eg NSW), stamp duty is payable on the trust property when the trust is settled, and that is why you keep the trust property amount low.  You don’t want to inadvertently settle a Trust on a large value and end up with a high stamp duty charge.

The Appointor (or Principal)

In your Trust Deed you will find reference to the Appointor or Principal of the Trust.  This is the person who has the power to replace the Trustee of the Trust.  Typically this role does nothing, but it does have the ultimate power.  If the Appointor is not happy with the Trustee – they can be replaced.

Vesting Date

Unlike a company that has an unlimited life (until you choose to wind up a company), a Trust has a limited life.  The termination of a Trust agreement is called the Vesting Date and this will typically be 80 years after the start of the Trust.  On that date the Trust should be “vesting” the assets to at least one of its beneficiaries.

What is a Discretionary Trust?

There are many variations on Trusts but I will discuss the two most common forms of Trust – the fixed Trust (Unit Trust) and the Discretionary Family Trust.

A Family Trust is considered “discretionary” because the distribution of the income of the Trust, or the assets of the Trust is as the “discretion” of the Trustee.

A Family Trust Deed will list some named beneficiaries, and then the family relationship to those named beneficiaries that will allow us to find potential beneficiaries.  Allowing additional beneficiaries based on a family relationship stops you from having to change the deed as the family dynamics change.  Potential beneficiaries can include parents, grandparents, children, grandchildren, siblings, aunts, uncles, nieces and nephews.  There is a large net that can be cast to find the potential beneficiaries.  You do not need to name your children in the deed as they will automatically be potential beneficiaries.

To some people this sounds scary.  What about that crazy cousin who may want to get their hands on your money?  The key to all of this is that although they can be beneficiaries to your trust, there is no entitlement to anything without the Trustee exercising their discretion to distribute to that beneficiary.  Your investments are safe from that crazy cousin.

If you have distributed income to someone and the money has not been paid to them, they do have a legal right to that money.  This is called an unpaid present entitlement.  The entitlement is limited to the amount you have distributed to a beneficiary.

The Fixed Trust

As a business owner you may want to use a Trust structure but you have a business partner who is not related to you.  You can’t use a Family Trust as you are not part of the same family.  You will also want some assurance of your share of the assets of the Trust.  In this instance you would have a Unit Trust.

As the name implies, the beneficiaries are issued Units and the number of units indicates the unit holder’s share of the assets and income of the Trust.  It is very similar to a company, except the income must be distributed to the unit holders each year.

Distribution of Income

The Trustee of a discretionery Trust does not have to distribute the income of the Trust, but any undistributed income is taxed at the highest marginal tax rate.  As such, it is usually in the best interests of the beneficiaries that the income is distributed to at least one beneficiary.

The distribution of taxable trust income will be taxed in the beneficiary’s tax return at whatever their marginal tax rate is.  Be cautious about distributing to children under the age of 18.  Tax rates on minors are much higher than the tax rates of a grown up to discourage parents from putting investments into their children’s names.

If a trust is running at a loss you cannot distribute the loss.  It will stay in the trust to be offset against future gains.

ABN’s and Trading Names

My final point in this simple explanation (which probably doesn’t seem so simple now that I have written it) is about the logistics of trading through a Trust.

The legal name of the Trust is the Trustee’s name, as Trustee for (which is abbreviated to ATF), the Trust name.  As an example, my trust is Jigsaw Accounting & Taxation Services Pty Ltd ATF Jigsaw Family Trust. Yes, it can be a tongue twister and it is not something you want to write 100 times a day.

While you will open your bank account with this name, you are entitled to use the Trustee name as your business name or trading name.   In my example, I trade under Jigsaw Accounting & Taxation Services Pty Ltd.

Your Trust will have its own Australian Business Number (ABN) if it is running a business, and its own Tax File Number.  When your supplier looks up your ABN it will refer to the Trust name, not the Trustee name.  Trusts are common structures and you are not trying to hide anything or do anything dodgy by using a Trust as your business entity.

Hopefully this has shed some light on something that is very complicated.  As I mentioned, there is a whole lot more information available and I could talk about Trusts for hours, but a simple understand is better than no understanding at all.  If you have questions, please speak to your accountant or lawyer.

Many Australians have Income Protection (IP), or Salary Continuance. A great many will have a policy owned in superannuation. Few will understand the disadvantages of owning this important cover in superannuation.

  1. 1 tier vs 3 tier definitions – Super IP will have only one definition to assess your claim under. Non-super policies will offer three definitions – more chances of claim success.
  2. Indemnity vs Guaranteed – A super IP policy will require proof of income at the time of claim. Non-super policies can be ‘Guaranteed’ meaning no proof of income is required – more certainty you’ll receive the benefit you’ve paid for.
  3. Ease of claiming – To claim super IP, you must convince both the insurer and trustee of the superfund a benefit should be paid. Non-super IP – insurer’s definition only.
  4. Temporarily or permanently incapacitated –Super fund IP pays an income stream to a member who is temporarily incapacitated. This may cease if the insured is deemed to be permanently incapacitated & TPD claimed. You’ll need to check the terms & conditions with your super fund. Non-super IP pays an ongoing benefit for both temporary & permanent incapacity and you can claim TPD at the same time.
  5. Reduced benefit periods – Super IP may only pay a benefit to 2yrs reducing the benefit paid & leaving you without income in the long term – Non-super can pay to age 65 or 70.
  6. Restrictive policy conditions – Super IP will require you to use all your sick leave before a benefit can be paid – Non-super IP doesn’t have this restriction.
  7. Guaranteed Renewable – Super IP is often not guaranteed renewable, meaning the insurer can cancel the cover at any time. Non-super policies are guaranteed renewable.
  8. Taxation –The tax treatment of Super IP premiums & benefits may be less favourable than non-super policies.
  9. Reduction of retirement benefit – Paying premiums for super IP from your fund will reduce your retirement benefit.
  10. Unadvised – Without advice from a specialist Risk Adviser super IP may lead to inappropriate cover & poor outcomes.

Still wish to have your IP premiums paid from super, but want access to the superior terms, conditions, & ability to claim of a non-super owned policy? Super-linked Income Protection maybe a possible option to give you the best of both worlds. To properly understand the options and ensure you have the most appropriate cover – speak to a specialist Risk Adviser.

Mark Burgess
Director of MB Advice

If you wish to learn more or review your life insurances, contact Mark at MB Advice on 0478 171 656 or mark@mbadvice.com.au.

https://www.mbadvice.com.au/

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A reminder that as 30 June is approaching, that individuals can now contribute directly to their super and claim a tax deduction. If you have spare financial capacity, this may be a great way of saving on tax and boosting your retirement income.

Individuals can contribute up to $25,000 per annum. Note that is amount includes compulsory and additional employer superannuation contributions. E.g. an individual on $100,000 per annum would have 9.5% / $9,500 contributed to their super by their employer. You can make an additional $15,500 contribution to your super from personal funds, and claim a tax deduction.

* the above does not apply for defined benefit schemes such as PSS/CSS, FirstState, and other restricted retirement schemes.

What you need to do:
– determine whether a super contribution is right for you. You should always seek advice before making concessional contributions. Jigsaw Tax or your superannuation fund can help you. If you are earning less than $50,000 in taxable income, you must seek professional advice first, as there may be additional tax consequences.
– pay a contribution to your superannuation fund.
– advise your superannuation fund that you wish to claim a tax deduction. This can be done at a later point, but before you lodge your tax return. Your superannuation fund will require you to lodge a “Notice of intent to claim or vary a deduction for personal super contributions”.
– wait for confirmation from your Superannuation Fund and provide to your tax agent.