By John Kelly
Editor-in-Chief, Smart Tax Handbook


Now that the Abbott Government has had time to settle in and consider the changes announced but not legislated by the previous Government, it will be interesting to see what tax changes 2014 holds in store for us.

A press release addressing which of the unlegislated Labor tax initiatives the new Government would proceed with and which they would abandon was issued just before Christmas.

The 4 main initiatives the Government intends to proceed with are:

1. Capital gains tax (CGT): inclusion of earnout payments, i.e. additional purchase payments for a business that are dependent on the earnings of the business after the change of ownership, as part of the value of a business asset.
2. Not-for-profits: clarification that not-for-profits must operate principally in Australia to be eligible to access to income-tax exemptions and deductible gift-recipient status.
3. Instalment warrants: treatment of investors in instalment warrants, which are a method of purchasing an asset that allows for instalment payments, as owners of the relevant underlying assets for income tax purposes. 
4. Goods and services tax (GST): replacement of GST-free concessions for going concerns and farm land with a reverse charge mechanism, which would move the responsibility for accounting for GST from the seller to the buyer. Note that a side effect of this initiative may be an increased stamp-duty charge if the GST is considered to be part of the consideration for the sale.

The 4 main initiatives the Government intends to abandon are:

1. Research and development refundable tax offset: allowing this offset to be paid in quarterly instalments.
2. Bad debts: ensuring consistent treatment in related-party financing arrangements.
3. Not-for-profits: ensuring that tax concessions for not-for-profits are targeted only at those activities which further the not-for-profit's altruistic purposes. Note, however, that the Government will not be abandoning this issue altogether and will still seek simpler and better ways to target not-for-profit tax concessions.
4. CGT: providing CGT relief for taxpayers buying replacement assets after a natural disaster.

The Coalition intends to pass any of the previous Government's tax legislation it has decided to move forward with this year, in an effort to provide greater certainty for taxpayers.

Matrix Announces Collaboration with Google Glass; Marks the First Professional Beauty Brand to Pioneer the Application of Wearable Technology

JANUARY 17, 2014 (NEW YORK, NY) - Matrix, a subsidiary of L'Oréal USA and the leading professional hair care and hair color company, announces the launch of "Matrix Class for Glass™." Setting the standard in beauty and trend innovation, Matrix introduces a program featuring the wearable device for the next generation of beauty education.

"Matrix Class for Glass" is an ongoing program throughout 2014 that features a three-phase rollout, including an exclusive Blogger Video Series, The Matrix Eye for Style Google Glass Salon Chair and a salon professional education platform. Also coming in late spring, the first Professional Google Glass App will house an exclusive library of content that can be downloaded by consumers and professionals.

"This new initiative will completely transform the hair styling experience," declares VP/ Matrix General Manager Paul Schiraldi. "Wearable technology is the next frontier -poised to revolutionize the way we live and work, in the same way that smartphones and tablets have done.  "We’re extremely excited to be leading the way in professional and consumer hair education with this initiative," says Schiraldi. 

Exclusive Blogger Video Series

Using Google Glass technology and expertise from Matrix Celebrity Stylist, George Papanikolas and Matrix Artistic Director, Ammon Carver, intimate and in-depth tutorials will capture styling sessions directly from the eye of the stylist.  These videos will offer a new and unique view from behind the chair and power the styling experience with unbounded technology.  The "Matrix Class for Glass" video series will showcase a cast of America’s best known bloggers as they explore the latest trends and share their experience. Videos will live on mymatrixfamily.com, youtube.com/matrix and blogger social media channels.

John Kelly
Editor-in-Chief
Smart Tax Handbook


The ATO has now also released details of further compliance-related activities for 2013-14, and the following all feature on its 'to-do' list:

1. 125 risk reviews and 26 audits of large and medium businesses suspected of engaging in profit-shifting activities.
2. 5,000 data-matching cases and 700 risk reviews and audits of trusts, to be conducted over 4 years.
   
3. 680 reviews and 118 audits of taxpayers who use tax havens.
4. 2,500 contacts with and 1,000 reviews and audits of medium-sized taxpayers, focusing on capital gains tax, consolidation, trusts, private company schemes and fraudulent phoenix activity, i.e. when a company goes into liquidation, leaving its debts behind and starting trading again under a new name.
5. 750 contacts with and 500 reviews and audits of high wealth individuals, i.e. those controlling a net worth of more than $30 million.
6. 3,000 contacts with and 1,000 reviews and audits of wealthy individuals, i.e. those controlling a net worth of between $5 million and $30 million.
7. 2,050 reviews checking GST systems and GST payable, focusing on specific industries including mining, financial and insurance services.
8. 150 reviews of property developers, focusing on developers engaged in phoenix activity.
9. 35 advance pricing arrangements and mutual agreement procedures, which focus on the transfer-pricing provisions.
10. 1,500 contacts, 19,000 letters, 3,000 phone calls and 2,800 audits related to fringe benefits tax, general audits and reviews, tailored advice, and follow ups on late tax lodgers and employer obligations.

Will you be on the ATO's list this year?

By Jeff Haden

Mistakes are a great way to learn. But why not skip the pain and suffering yourself--at least on these 9 mistakes.

Making mistakes is a great way to learn. Making mistakes is also not particularly fun.

It's a lot more fun to avoid them entirely.

Here are some of the most common mistakes entrepreneurs—and businesspeople in general—tend to make:

1. Think of a plan as an end result. Say you’re agonizing over a business plan; somewhere along the way you've forgotten your goal is to actually start the business. Establish goals, create long-range plans, make to-do lists, and get going.

Most successful people are solid planners and excellent adapters. Get started so you can start adapting.

2. Assume style indicates substance. Logos, identity packages, killer wardrobes, eccentric work spaces... none of those matter if you can't deliver. Businesses are built on go, not show. Your business or personal style will create a memorable brand as long as you deliver.

Just be you. And get to work.

3. Think of business as all-you-can-eat. Ideas are thrilling. Opportunities are tantalizing. Dreams are exciting.

Great, but execution is everything. Take on too much and you do few things well. Keep getting distracted by the latest trend and your best ideas get ignored.

Check out everything on the business menu, but only select a few items at a time. Don't be afraid, or have too big an ego, to start small. Small is almost always your start-up friend.

4. Underestimate the time required. Nothing ever goes as quickly as you predict; in a start-up, time passes in reverse dog years. Create timelines but always factor in scenarios and sensitivities. If you don't reach your estimated sales in six months, what will you do?

An estimate is theoretical. Plans are more concrete. Know what you will do if your timelines are wrong. They will be.

5. Assume perfection is required. Trying to create a product that meets every conceivable customer need? Sooner is almost always better than later, so do a Tim Gunn and make it work. Get to market and then start refining your products or services based on actual customer feedback.

6. Underestimate the money required. It’s easy to underestimate cost when you let hope creep into your calculations. A start-up, no matter how bootstrapped, always has unforeseen costs. Just because you really want something to work out doesn't mean it will magically cost less.

Apply sensitivities and create plans in case your estimates are wrong. Just like your time estimates, they will be.

7. Give up too soon. Success rhymes with excess for good reason: Entrepreneurs who succeed do so because they work harder and longer. Before you give up, take a step back and decide whether additional effort is all that's required to overcome roadblocks or hurdles.

Sometimes it's not the business or the market. Sometimes it's you. Never quit until you’re sure it’s not you.

8. Stop acting silly. If you’re like me your favorite childhood stories involve something stupid you did. (How else would I know the right mixture of sulfur and saltpeter will burn hot enough to turn a Tonka truck into a glop of metal?)

Business is serious enough. Every once in awhile, do something silly. Silly is memorable. Silly makes you feel like a kid again. Laughing at yourself will make the toughest day a lot easier.

9. Adopt expectations. We are all influenced to some extent by what other people think about us. But what do you want? What really matters to you? Live your life based on the opinions of others and you live their lives, not your own.

What matters most is what matters most to you. Always be sure you're living your life. It’s the only one you get.

Heather Smith 11 December 2013.
Innovation is often touted as the secret to business success. But what exactly does being innovative involve, and how can you do it?
The late US management consultant and scholar Peter Drucker once said, “Business has only two functions – marketing and innovation. All the rest are costs.” The accountant in me has always found this sentiment a bit hard to swallow (does this mean I’m just an expense?), and led me to continuously ponder what innovation in small business is and what value it has.

To explore the concept of innovation I spoke with Mark Paddenburg, CEO of Innovation Centre on the Sunshine Coast. Paddenburg says innovation in a business can take many forms – from changing your business model to the introduction of a new or significantly improved products or services. It could also involve improving business systems and processes or finding a better way of promoting and distributing your products.

“ Innovation that is misguided, not based on research, or carried out for the sake of innovation itself may prove costly and not be in the interests of the business at all. ” According to Paddenburg, the important thing to remember is: innovation shouldn’t be relied on to right wrongs in your business; rather it should be intrinsic to its progression – an “embedded, ongoing practice” as opposed to a quick fix.
When looking to innovate, he says it’s essential business owners understand the competitive environment, the direction their business is heading in and what the unique selling proposition (USP) is.
“Innovation that is misguided, not based on research, or carried out for the sake of innovation itself may prove costly and not be in the interests of the business at all,” he says.

Innovation can also help to boost business growth.

“For business – it’s essentially innovate or stagnate,” says Paddenburg. “We’re in a highly competitive environment and often it’s innovation that makes the difference.”
He gives the example of the retail sector using technology to attract and keep sticky customers, citing companies such as women’s fitness-wear line Lorna Jane, whose digital strategy has helped it secure over $50 million in extra sales.

Statistics support that innovation is important for business growth, both in terms of profit and workforce. It also helps to improve productivity.

Research from the Australian Bureau of Statistics shows a third of businesses that took steps to innovate during 2011–12 saw an increase in productivity, while only 14 per cent of non-innovation-active businesses reported any increase in productivity.

It’s estimated that only 38.8 per cent of Australian businesses employing 0–4 persons are actively innovative. That means over 60 per cent of micro business are not taking advantage of all that innovation has to offer.

Whether it’s improving the goods or services you provide; enhancing your operational, organisational or managerial processes, or developing your marketing methods, why not embrace innovation as a part of every day practices, and reap the benefits?

How have you been innovative in your business, and has it been valuable?

How to avoid discrimination during the interview process:

✔ Select applicants for interview based on skills, abilities, qualifications and experience relevant to the role. Be consistent.

✔ Prepare interview questions that are consistent for each applicant and that do not imply discriminatory decision-making. Set aside any assumptions regarding sex, age, race, etc. Keep a record of questions and answers.

✔ Determine and assess pre-employment tests such as medical, competency or psychometric tests according to the role requirements. Check tests for any bias or indirect discrimination.

✔ Only contact referees specified and authorised by the candidate, and only ask the referred questions that relate to the selection criteria. Ensure that the information provided is recorded in a consistent way.

✔ Select the successful candidate on the basis that that they best meet the key criteria (i.e. are the best person) for the job. Record the reasons for your decision.

✔ Provide constructive feedback to unsuccessful candidates.

✔ Offer similar terms and conditions for candidates of similar qualifications and experience who are undertaking the same role.

Joanna Weekes
Editor
Health & Safety Bulletin
Health and safety legislation in every jurisdiction imposes a general duty on you as an employer to protect the health, safety and welfare of your workers, this includes doing everything reasonably practicable to prevent or reduce the risk of discrimination in your workplace.

You must have steps in place to monitor, manage and report on the prevention of discrimination in your workplace – including during the recruitment process.

Discrimination during the recruitment process

Recruiting and selecting the most appropriate person for a job is a complex task which requires trained staff who are aware of anti-discrimination laws and guidelines.

Discrimination is treating a person less favourably than another person or group in the same circumstances. There are many ways that an employee or job candidate can be subject to unlawful discrimination, including being treated unfairly due to the following protected attributes:

• age;
• race;
• sex or gender identity;
• disability or impairment;
• criminal record;
• religious or political belief or activity;
• parental status; or
• sexuality or sexual orientation

All decisions you make about employees or job candidates must be based on the specific requirements of the role and not on assumptions about the person because they possess a protected attribute.

How can discrimination during recruitment occur and how can you reduce it?

Discrimination during the recruitment process occurs mainly during job advertising and the interview process.

Write job advertisements which do not state, or even imply, that the job is restricted to people on the basis of a personal attribute. Avoid language relating to specific attributes, e.g. age or gender.

During the interview process, you cannot request information from a candidate if:

• you plan to use that information to unlawfully discriminate against a candidate or employee
• you ask for that information from candidates or employees with a protected attribute, but not from people who do not have the protected attribute.

Federal anti-discrimination legislation allows you to ask a candidate for information relating to a protected attribute if you need that information to comply with health and safety standards.

Remember, using recruitment agencies does not remove your responsibility during the recruitment process. Make it clear in the brief you provide to the recruitment agency that it must comply with equal opportunity practices and use selection methods that are non-discriminatory to meet the needs of your business.

Sometimes pre-employment tests are used to assess candidates. You must ensure that these test scores, e.g. literacy, numeracy, medical and psychometric testing scores, relate specifically to the job criteria and performance required for the role the candidate is applying for.

Please note, the information provided here is not all you need to know about discrimination in the workplace and how to manage it. It is a complex subject and one which employers and human resource managers need to be familiar with.

The Chamber of Commerce and Industry Queensland warns business confidence in the state will be impacted after new industrial relations legislation came into effect on January 1.

CCIQ General Manager Advocacy Nick Behrens said the new legislation, introduced in the dying days of the former Gillard Government, had added to the compliance and cost burden in relation to workplace bullying, apprenticeships and superannuation.

“This legislation came in to effect on January 1 and the sooner the Federal Government acts to repeal it, the better,” Mr Behrens said.

“We would like to see the Government use the first Parliamentary sittings of the year to act on this legislation and offer a much-needed reprieve to the business community, which is already battling increased energy costs.

“Just when businesses feel they are turning the corner and things are picking up, they are hit with more costs and compliance obligations.”

Mr Behrens said new workplace bullying legislation meant the Fair Work Commission was now involved in resolving bullying matters despite existing safeguards already covering those cases.

Employers can also be fined if they fail to stem the bullying against a complainant when a Stop Bullying Order had been issued by the Commission.

Increases in apprentice wages from January 1 would also have a significant impact on Queensland businesses, Mr Behrens said, sparking fears the changes would deter many from employing apprentices.

“Apprentices have just received a five per cent increase from January 1, while employers now must also pay them for time they spend at work-related training and are not physically working in the business,” he said.

“That is a significant increase in costs for business owners and will certainly make many of them think twice before pursuing that employment avenue in the future.

“There have also been changes made to union right of entry laws, which grant unions representatives entry to lunch rooms and force employers to make arrangements for them to travel to remote work sites.

“These changes affect every business across the state in some way and they cannot afford to keep incurring additional business costs and being tied down with red tape.

“We are seeing some positive signs in the economy and business confidence has been on the up in Queensland, but changes like these dampen that confidence quickly.”