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Review Your Trusts Before January 2021

MSBCA • Oct 11, 2020

As you may already know, there are a raft of changes to the Trusts Act which will effect the way in which trusts operate and are managed from January 2021. The cost of compliance is forcing everyone to review the value of maintaining their trusts, and we encourage you to do so too.

We are now offering a complete trust review service to help clients get a handle on whether it is worthwhile continuing with their trusts and the implications of doing so.

The first question we ask is, "Why did you set up your Family Trust, and does it reflect your current objectives?"

The robustness of Family Trusts is under ongoing scrutiny as a result of the Law Commission review on the law of Trusts.  

Trust Review Service

Our Trust Review service examines the set up of your trust, identifies any administration gaps, and ensures your Trust is compliant with legislation and that Trustees are meeting their obligations. 

We've developed a number of resources to help you to understand this sometimes complex topic.  We provide this service to ensure your existing Trust reflects your current intentions, using the simplest structure possible, and ensure it meets statutory requirements.

It's about maximising benefits you may be entitled to and protecting your assets from relationship property, family and creditor claims, while preserving value for future generations. 

Changes in circumstances and legislation can seriously impact your existing Trust structure.  Call us today for a Trust Review.

Benefits of a Trust Review

Trust Deeds are living documents and it is important to make sure they are regularly reviewed and updated. Changes in circumstances and legislation can impact existing Trust structures.

It's likely that you set up your Trust to meet the following objectives:

  • To protect your assets from creditors

  • To preserve value for future generations

  • To protect your assets from relationship property or family claims

  • To protect your assets from the government

  • To maximise any benefits you may be entitled to

  • To facilitate the transfer of assets to beneficiaries on your death

Our Trust Review service ensures your existing Trust reflects your current intentions using the simplest structure possible and meets statutory requirements.

What is involved?

Initially, we will require a copy of your Trust Deed and associated documents (including Wills) to review. We will then have a meeting with you to discuss what you want your Trust to deliver and make recommendations accordingly. Based on the outcome of the meeting, we will forward instructions to your lawyer for proposed changes, or put forward a more detailed proposal for services if required.

When should I begin using this service?

As soon as possible. All Trustees have a responsibility to safeguard and administer Trust assets properly. Our experience is that many mum and dad Trustees simply don't receive the guidance and support to have certainty that they are doing just that.

By MSBCA 07 Oct, 2022
Entertainment and other employee related expenses could be either fully deductible, only 50 percent deductible as entertainment, subject to FBT or PAYE depending on the circumstances. It helps if you know which is which. XYZ Ltd is a limited liability company involved in the building industry. It is seldom practical to return to the company base for morning and afternoon tea so the directors buy coffee and snacks (light refreshments) for their staff when they are out on the job. The cost is 100 percent tax deductible. They have also decided to reimburse their workers for the cost of their lunches. The cost would only be 100% tax-deductible if it were a meal while travelling on business. Otherwise, it forms part of wages and would be taxable (see below). The employer also needs to be careful, if paying a regular allowance to cover morning teas and/or lunches, that the payments are not just for tax avoidance. They have to be for reimbursement. Due to the high price of petrol, a director offers to reimburse one of his staff $20 per week as a contribution to the cost of getting to work. Since this is a cost which she would have incurred out of her tax-paid income, it should be treated as part of her wages The value of the petrol needs to be adjusted upwards for tax before being added to her taxable income. It should be treated as an extra emolument. Another director has decided as there are two office staff it would be fair to give the other person petrol vouchers of an equivalent amount. So long as the petrol vouchers cannot be redeemed for cash, this is a fringe benefit and is subject to fringe benefit tax payable by the company. However, there is a $300 threshold per quarter for each employee for unclassified benefits like this. Provided the value of the petrol vouchers is equal to or less than $300, no fringe benefit tax has to be paid, assuming the company does not exceed the total exemption for a business, which is $22,500. One of the staff is leaving so the directors decide to buy him an expensive box of chocolates from a supermarket. This is an entertainment cost and 50 percent tax deductible. However, just before they do this they discover if they were to provide a gift voucher, the cost would be 100 percent tax deductible, so they give a gift voucher instead. The $300 limit for fringe benefit tax purposes applies. The owner of a construction company (an ordinary company for tax purposes) visits a building site to meet the client. Both of them are away from home on business. The owner invites the client to lunch to discuss the project. Both meals are 50% tax-deductible because this is an ordinary entertainment expense. However, if the owner were to dine alone the meal would be 100% tax-deductible to the company because this is an expense incurred while travelling on business. If the client were a self-employed person, the cost of the meal when dining alone would not be tax deductible because it is deemed a personal cost. If you incur entertainment expenses overseas, instead of them being 50% tax-deductible they are 100% tax-deductible. Entertainment expenses are only tax deductible so long as they are completely business-related. In other words, the purpose of the meal together is to discuss business.
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Some employers provide a non-taxable allowance for their employees who incur additional transport costs. 
By MSBCA 10 Aug, 2022
Interest rates are soaring, prices for groceries and fuel are rising, and businesses have unreliable supply and cost pressures. Add staff shortages because of the lingering effects of Covid-19, and some small businesses are under severe stress. The natural reaction of many businesses is usually two-fold: Earn more, and/or spend less. Spending less is the easier option, but many businesses are already cut to the bone. If you do look at cutting costs, be careful not to apply measures that affect your ability to earn more. One example is marketing. During a downturn, more than ever, it’s important businesses do whatever they can to stay top-of-mind for customers. Research has shown the businesses who continue to put resources into advertising, a website and social media are stronger when times improve. They are better able to take advantage of the opportunities better times bring. Whatever your marketing message and delivery, through email newsletters, follow-up emails, phone calls, or advertisements, highlight your company’s brand. You’re letting customers and prospects know (or not forget) who you are and what you stand for. Look at your core business, hopefully the things you do best and make you the most money. Concentrate on that and build it if you can. Don’t put effort into weaker products or services.  Focus on existing customers and look after them like the gold they are to your business. Remember, it costs more to get new customers than to keep existing ones. They’re all likely to be clamping down on their spending, too, so never give anyone a reason to go elsewhere. If you’ve built a strong relationship with your customers, you will together navigate the tough times and you will have customers for life. And be the leader of your business. Delegate the “work” if you can so you have time to make the tough decisions and plan for the future.
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