INFOTELLIGENCE

Christmas in July? The ups and downs of Christmas marketing

The Christmas decorations started going up in shops just after Father’s Day in September. If it gets any earlier we’ll be experiencing Christmas in July.

As many client focussed businesses know, Christmas has a psychology of its own. Christmas, and the embedded message of gift giving (code for ‘spending’), is stretching well beyond the traditional Christmas months.

For retailers, the earlier they can get consumers into the Christmas spirit the more likely it is that they will ‘spend up’ in preparation – both in gifts and fixing up the home ready for entertaining. Sales and packaging also help impulse buying because “it was on sale.”

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Buying a business: More than just the sale price

If you thought reaching an agreement on price was difficult, wait until you get to the fine details of buying or selling a business.

So you’ve reached an agreement on price.  But, there are differences between the parties on how the sale price should be apportioned across different assets.

A solution that’s sometimes proposed is to simply show the sale price on the contract and let both sides manage their own apportionment but this depends on what assets you are buying.  Try and avoid this trap.

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Are you entitled to a GST refund?

If your customers prepay you for your services and are not entitled to a refund if they ultimately don’t take up the service, then a new court case opens the way for a potential GST benefit.

A large number of businesses, particularly those in the services sector, receive prepayments from customers for future services – in some cases these are deposits and in others, part or full payment for the anticipated service.  Often the contract terms provide that there is no refund of the prepayment if, ultimately, the customer does not take up the service.

If the customer does not ultimately take up the service, what is the GST position on the prepayment?

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Property and SMSFs: loosening the rules

If your SMSF has borrowed money (or thinking of borrowing money) to acquire ‘bricks and mortar’ property then there are a few things you need to know.

A new ATO ruling released last month helps to clarify what you can and can’t do with property that is under a limited recourse borrowing arrangement (LRBA).

The ruling addresses three key areas:

  1. Under the borrowing rules in the Superannuation Industry and Supervision (SIS) Act, the borrowing must be used to acquire a “single acquirable asset.”  The ruling seeks to define what constitutes a single asset.
  2. The borrowing rules allow an asset that is held under a borrowing arrangement to be improved, however, the trustees cannot use borrowed funds to make the improvements. There is a fine line between what is a repair or improvement and the ruling attempts to clarify how the ATO assess the difference between these terms.
  3. Also, if you do improve the property, any improvement must not result in the asset becoming a different asset.  The ruling looks at the factors the ATO considers, and what your SMSF auditor needs to consider, when they assess whether a property has been changed to such an extent that it is no longer the same asset.

If a fund falls outside of these rules, the fund must sell the asset.  Imagine having to sell a property your fund recently acquired, leaving your fund with the stamp duty, legal and agent’s fees (or perhaps making a loss because the market conditions were not as good as they were when you purchased the property).

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What does the new R&D tax incentive offer you

Australia has progressively fallen behind in the Global Innovation Index for the last few years.  Last year alone, Australia slipped three places from 18 to 21 (Switzerland, Sweden and Singapore were the top performing countries).

Boosting innovation is a question that has plagued the Government for some time and the restructuring of the research and development incentives is an attempt to better target and encourage true innovation.

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