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Director ID – Who can apply and when

Beginning in November 2021, company directors will be required to apply for a Director ID. The qualification is being an eligible officer of a registered company, namely a director or an acting/alternate director of the following:

  • Companies
  • Aboriginal and Torres Strait Islander corporations
  • Corporate trustees, for example, of a self-managed super fund
  • Charities or not-for-profit organisations
  • Registered Australian body, for example, an incorporated association that is registered with the Australian Securities and Investments Commission (ASIC) and trades outside the state or territory in which it is incorporated
  • Foreign companies registered with ASIC and carrying on business in Australia (regardless of where you live).

CreditorWatch notes that business defaults rose by 20% in the past month, with an average of 10% increase over three months. They note that there is something of an artificial economic environment due to lockdown. This is compounded by uncertainty due to the duration of lockdowns.

Accountants are being relied upon to assist with grant applications and eligibility retests, but it is suggested that some accountants may propose business closure as a strategy. In general accountants have the measure of their SME clients, and a feel for whether such entities are viable or not. The decline in trade receivables (12.5%) plays into this.

Government support has prevented business closures on a wider scale that was feared, but a rise in external administrations seems inevitable. The outcome remains to be seen.

Business owners are encouraged to reconsider their future projections and the real possibility of restructuring their affairs ahead of what some are saying could be as bad or worse than the GFC.  Feel free to contact us for some expert guidance to see you through the next cycle.

Source:  AccountantsDaily

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Australia is thought to have weathered the COVID storms economically better than most countries. However, lockdowns have had an impact on work and economic data for the September 2021 quarter could show shrinkage, according to Deloitte.

It is expected that increasing vaccinations and re-opening of businesses could lead to some recovery, the shape of which is yet to be seen.

pexels karolina grabowska 5632382An Online Christmas Boom?2

Almost half of Australians are expected to buy Christmas presents online and, despite uncertainty, most expect to spend the same or more than last year.

The research is encouraging for retailers, who make a great deal of their profits over the Christmas period. Small businesses have been hard hit by lockdowns, yet the outlook for Christmas appears more optimistic.

Rising vaccination rates and reopening will only help consumer confidence.

1 Very real chance we have entered recession
2 Bumper Christmas to provide online boost for retailers.

Are directors personally liable for their company’s tax and superannuation debts?
Answer:  Yes they are! 

In April 2020 the ATO added GST, Luxury Car Tax and Wine Equalisation Tax to the list of debts for which a director can be held personally liable.  There is also a 200% penalty that can be imposed if employees Superannuation Guarantee Charge (‘SGC’) is not lodged on time.  With Jobkeeper now ended, it is imported to review the Company tax debts and understand the potential personal liability.

Tax Free COVID-19 Payments

A new law has been passed to ensure that COVID-19 Disaster Payments will be considered non-assessable, non-exempt income. Workers will receive payments to compensate for the effects of lockdowns in Australia. Business support payments will also be considered non-assessable, non-exempt income if they meet certain requirements such as an aggregated turnover of less than $50 million. Payments to businesses affected by lockdowns are expected to continue into the next year.

Source:  Accountants Daily

Recovery?

Australia, with large parts of the country in lockdown, has fallen behind in vaccinations. However, economically Australia has been remarkably resilient and has not been as impacted as many countries have been in terms of economic damage done. The long-term effects remain to be seen, as economies around the world will recover at different rates.

Source: In the Black

Here we bring you the definition of an insolvent trading claim and how such claims can come about in relation to SMEs which fall within the scope of our work.

What is Insolvent Trading?

An insolvent trading claim is applicable to companies as opposed to directors as individuals, given they are treated under law as separate personalities. Directors have a duty under this to prevent insolvency and can be liable if the following grounds are met: a reasonable suspicion of insolvency or if debt is incurred while insolvent. Insolvency arises if there is a shortage of working capital, and if the company is unable to meet its debt obligations.

1 January 2021 saw the New Restructuring and Insolvency Process for Small Business come into effect.

A fact sheet in relation to this new process can be found on the Treasury website.

The ATO has commenced reviewing all of the assistance claimed by businesses throughout the 2020 period to ensure that reporting was accurate, criteria was met and that guidelines were followed.

Some of the flags they will be looking at are:

Small businesses heavily affected by COVID-19 may now be able to make insurance claims on their business interruption policies.

Insurance Council of Australia recently lost a case in the New South Wales Supreme Court of Appeal opening up the door of hundreds of millions of dollars in payouts.

Insurance companies had originally rejected COVID-19 related claims arguing that their policies did not cover ‘quarantinable diseases’. The court found that COVID-19 was not considered a ‘quarantinable disease’ opening the insurers up to thousands of claims from businesses that have suffered losses during the lock down period.

The Insurance Council is considering an appeal in the High Court of Australia however Suncorp recently announced that it would allocate an extra $125 million to potential business interruption claims due to Victoria’s extended lockdown.

As we start a hopefully better New Year a lot of SME's will be looking for ways to ensure that they continue to survive.  Now is the time to revisit business plans and look at strategies to help thrive in 2021.

Cash Flow

A lot of businesses struggled with cashflow in 2020 during the various lockdown periods.  Now is the time to be looking at how you can improve your cashflow moving forward.