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As one year ends and the next begins, interest regarding the future of the tax system is natural. In regards to property laws, many of the changes being considered by the Tax Working Group could prove detrimental to those who invest in real estate.

For some time the government has been proposing various modifications that will result in higher taxes being paid by property investors. It is unlikely that any of the proposals will result in immediate change but it is a good idea to become aware of what’s on the table.

As it gets closer to the time when a definite determination will be made – most likely soon after the beginning of the year – it is appropriate to consider how these changes may affect investors.

It is expected that the following revisions will be considered for inclusion in the new tax system:

* While individual tax rates will decrease, the rate of GST will increase in order to make up for the deficit. Corporate and trustee rates will become more closely aligned.

* The tax rates are expected to change drastically but tax laws will most likely remain unchanged in regards to assessments of capital gains and equity. The government’s stance is that it is disinterested in instituting sweeping changes at this time that could negatively impact a strengthening economy.

* There should be no surprises in the federal budget, either. Should any new tax rules be implemented, such as a risk-free rate of return investment property tax which has been bandied about, the legislative process is such that it will take some time before they are enacted.

* Throughout the year of 2010, additional options in the tax rules are likely to be debated and subject to public review. The Tax Working Group will probably propose several options rather than strongly back only one. This will allow the government to select the most favourable to stand behind and bring to public review.

* Tax changes regarding property investments will most likely be considered at some time in the upcoming year during the budgeting process. It would not come as a surprise if the deduction for building appreciation is denied. Whether or not it would apply retroactively is in question.

The tax program currently under review in Australia will probably influence the decisions for future tax structures in New Zealand. Depending on the results of the Henry review, our tax laws may or may not change as expected.

Paul Easton works in marketing for Mathew Gilligan – an accountant and partner at Gilligan Rowe & Associates Ltd (GRA). GRA is a Chartered accountant firm specialising in property in New Zealand.

Are your children going to be surprised after your passing by what they do or do not inherit? Perhaps it is time to sit down and have an honest discussion about the terms of your will.

This issue comes to light on the heels of a case that was tried in court last fall. The case involved a deceased man whose daughters were not notified of his death, nor did they inherit any part of his estate, per his will. There was only a public notification to creditors, of which there were none that came forth. The daughters tried to make a claim two years after their father died but the courts denied the motion. They were left with nothing, just as the father had wished.

This ruling is in direct opposition to historic cases where the courts were more sympathetic for the cause of the surviving children. Clearly there is no law stating that parents must leave an inheritance to their children. Luckily there were no creditors to lay claim to the estate and the man’s surviving partner received the inheritance.

How This Affects the Property Investor

In the previously mentioned case, the father drew up a will that designated the public trust as executors. For the investor, this is not a good plan.

It is advisable instead to place assets in a company trust, not one under your personal name. This type of legal structure protects any assets – including real estate – from creditors, the Official Assignee, and duties paid on gifts. This also allows the trust to be passed directly into another trust specifically established for surviving children upon the parent’s death.

Another good idea is to draw up a Memorandum of Wishes and ensure that it is kept updated. This will inform the trustees of exactly how your assets should be handled after your death. Along with the Memorandum of Wishes, a will should also be filed. Your will designates the disposition of personal assets outside the company trust.

Why go to all this trouble? For one thing, family relationships tend to change over time. Not all family members get along with each other throughout their lives. Having the proper legal documents in place before you die means that your assets will go where you want them to go and be safe from claim. It also relieves any possible family disputes over an inheritance someone feels entitled to.

As a property investor, it is important to think of all possible scenarios when planning an investment strategy. Take care of the necessary paperwork now, before it is too late. This is an action you won’t regret.

Paul Easton works in marketing for Mathew Gilligan – an accountant and partner at Gilligan Rowe & Associates Ltd (GRA). GRA is a Chartered accountant firm specialising in property in New Zealand.

When financial woes hit a married couple the unfortunate outcome is often a divorce. Of course, this means the division of assets, along with the usual amount of bickering over that division. But if those assets are in a trust, what happens?

The Creation of the Trust

For the property investor or any other type of investor, a trust is always recommended for placing assets. Do take some care, however, before creating the trust. An individual’s rights to the assets are affected by this legal structure, so it is a good idea to consult a lawyer.

Property Relationship Agreement

In the case of a married couple, the two parties should also enter into a Property Relationship Agreement (PRA). This component is essential for laying out exactly what happens to the property in the future, particularly in the case of separation. The PRA prevents the parties from having to go to court and argue the disposition of assets.

The PRA covers such matters as who owns what assets before they are placed in the trust. Additionally, the disposition of those assets upon separation is laid out in exact terms, such as provisions for sale of property and using the assets to repay outstanding loans.

The agreement is implemented by lawyers if the necessity arises. Any amounts outstanding after payment of liabilities and proceeds from sale are divided between the parties, who each now have their own private trusts.

Two Trusts Are Better Than One

Another option for the married couple is to create two individual trusts right away, one for each spouse. This allows each spouse to transfer property that was owned before the marriage into a private trust, such as family heirlooms or inherited property.

Often, the couple will each get half the value of the family home added to their private assets. The trust should also include a PRA that specifies disposition of the home upon separation.

Any additions to the trust do not have to have the spouse’s approval, provided that they are not named co-trustee. Property that is inherited during the marriage can be added to the recipient’s private trust. As well, each spouse can designate the assets they bequeath to beneficiaries – a great option for couples who have children outside of the current relationship.

Paul Easton works in marketing for Mathew Gilligan – an accountant and partner at Gilligan Rowe & Associates Ltd (GRA). GRA is a Chartered accountant firm specialising in property in New Zealand. Search Engine Optimisation by Digitalawol.com

As the end of the year rapidly approaches, the Tax Working Group is hard at work reviewing the current tax system of New Zealand. The Tax Working Group is a consortium of professionals in academics, government, and industry whose expertise shapes the proposals presented to the government.

The current proposals are expected to produce greater equity in the system and broaden the tax base to be used as funding for anticipated decreases in the rate for personal, corporate, and trust taxes. Property investors will be affected by proposed changes to the capital gains and land taxes as well as the addition of a risk-free rate of return income tax.

What’s Going to Happen?

Shortly after the beginning of the new year, the public can expect to be notified of the results of the review. What will the upshot of these proposals be?

More than likely major reform is coming. When it happens is questionable. Public and committee reviews will probably defer the chances changes are enacted any time soon.

Corporate and trust top marginal taxation rates will come into alignment (the 30-30-30 option) with Australia and be assessed at the same rate. Regular corporate and trust marginal taxation rates will also match those of Australia. Currently the Australian rate is set at 27% but that is expected to decrease to 25%. Clearly these reforms are meant as an economic boost.

How Will These Reforms be Funded?

Funding to make up for the shortfall in trust and corporate tax returns will obviously have to come from somewhere. Right now it appears as if the decreases will be financed through:

* The GST increasing to 15%. This is an easy and quick fix. * Imposition of ‘rifle taxes’ that are assessed on capital gains from rental and commercial properties. In addition, existing rules will be more rigorously enforced. * Speculative investors held to tax liabilities. Presumably this will reduce the risk of creating a market bubble based on speculative real estate investments. * Government spending will be reduced in order to effect cost reduction and economise current holdings. This is in direct opposition to a Labour type of government model.

Imposing a stamp duty on land transactions might be quite beneficial to the new tax program. Its progressive nature is both fair and equitable as well as being a simple piece of legislation that is easy to enforce. This would also reduce the practice of speculation by taxing the investor’s margin.

Only time will tell exactly what the Tax Working Group will propose to the government in the upcoming year but do expect change on the horizon.

Paul Easton works in marketing for Mathew Gilligan – an accountant and partner at Gilligan Rowe & Associates Ltd (GRA). GRA is a Chartered accountant firm specialising in property in New Zealand.

The advantages of outsourcing can be significant for small business owners and for the business. Reviewing the history of outsourcing as a business strategy demonstrates that the need for specialized and low cost labor was a key driver. Small businesses are often constrained by the need to keep costs down and to find competent labor. Many small business owners cannot afford, and do not need, a large number of employees. Yet, small businesses need to grow to survive.

How do you grow your business without increasing your staff? How do you stay focused on your business vision and strategic plan? Managing your every-day business activities can be hard work; adding growth objectives to that day-to-day effort can be overwhelming. Hiring outsourced services can help you meet your business plan.

What is outsourcing? It is hiring outside resources to do what you can’t, or don’t want to, do within the business. Large scale outsourcing is becoming more common on a global basis. Businesses are trying to narrow in on their core competencies and to contract out services that don’t align with their primary business. For example, a number of North American phone companies outsource call center work to India. Law firms outsource legal research to countries with lower labor costs. On a small business scale, outsourcing is about hiring services that a small business owner can’t handle internally.

Outsourcing specialized services can help your business contain and minimize payroll costs, reduce the need to recruit more staff and to manage more staff, and improve your utilization of resources (people, equipment, time and money). There are excellent benefits and paybacks to contracting out services, particularly highly specialized services.

There are many functional services that can be outsourced. Here is a short list of some of the most common ones: human resources support – including recruiting, training, salary surveys, writing of job descriptions, writing of employee policies, payroll and benefits; accounting support – such as accounts receivable, accounts payable, bookkeeping, financial statements; marketing – such as specific direct marketing programs, new product launches, promotional brochures, and email campaigns; information technology support – such as vacation relief, backing up remotely, hardware maintenance, and software analysis; transportation – such as warehousing, inventory, shipping; building and grounds cleaning and maintenance; sales – such as independent sales agents or distributors; management consultants; and more.

Transition from outsourcing services to hiring a full time person when the cost of outsourcing is significantly more than the cost of hiring staff; but make sure that you recognize that outsourced services are often specialized whereas an employee may be more of a generalist. For example, if your accounting outsourcing is costing you 20 percent more than an employee would, hire an employee who can do the accounting (receivables, payables, costing, and financials) and help in the administration of the office.

There are many good reasons to outsource but the best reason is that it allows you to focus on what you do best, and to focus on what’s harder to outsource (your passion for the business). Consider your strengths and weaknesses and focus your efforts on the higher impact and higher profit endeavor. Your decision to outsource needs to be balanced with what you gain or lose by outsourcing.

As a small business owner or manager, your goal is to grow your business. The advantages of outsourcing will help you achieve that goal by saving time and money, focusing on your strengths and weaknesses and achieving your plan. Find more proven strategies and resources from the More For Small Business site to better manage your business.

Each day, we all pass through life, hearing things that we’re not completely sure of. Honestly, with all of the information that we are expected to retain; it would be easy to see how some details start leaking back out. When you’ve come to this point in your life, you may benefit from hiring a certified public accountant.

While they serve many functions, the primary role of a certified public accountant is to track and control where the money goes. The Internal Revenue Service requires us to account for every single penny we make and those that we give away. It can be a daunting task, following the paper trail.

Certified public accountants have been taking care of financial matters for the small business sector for a very long time. It was the business owners who needed their personal wealth looked after, as well, who really made a difference in the way things are done these days.

As wealth grew over time, personal wealth separate from business owners, the need became apparent for the public sector, not just the private one. The Internal Revenue Service goes after both business and personal individuals, alike.

Certified public accountants review documents for companies and individuals. They look for errors in addition, subtraction and much more. They sift through files and find receipts. They make sure that every cent that has been spent or earned is accounted for.

CPA’s do so many things with your finances; it’s not as broad of a subject as some may think. CPA’s work with tax records, billing, and much more. They will help get your past records taken care of as well as getting all of your current dealings in order.

Your certified public accountant will see to it that you turn in correct documentation in the future to the government and will keep you from any future harm or issues with tax returns, payments and deferrals. If you have any questions regarding tax laws and payments, as well as state and federal mandates, your CPA is well versed in this information and will be a valuable resource to you.

Not only do large corporations need the services of certified public accountants, many people who find themselves in possession of sudden riches also seek their assistance. When you’re accustomed to having very little money and suddenly, money no longer becomes an issue, it is wise to have someone who can not only advise you on financial decisions, but also assist you in keeping track of your wealth.

People who have a lot of money in stocks, bonds and other investments find it very useful to have a certified public accountant in their corner. Keeping an eye on your financial decisions, your accountant can work alongside or completely solo, ensuring that your choices are going to be lucrative.

When you’ve got investments in the market or elsewhere, your CPA will work side by side with your broker and handle all of the important issues. You’ll sleep better knowing that you don’t have anything to hide or anything to fear when it comes to the IRS.

If you need a CPA, check out local accountants online. Find one who has experience working with financial situations that are much like yours. It’s also good to find a CPA who is close in proximity to your home or will be happy to come to you when you need him.

Self-study CPE classes are very appealing to many CPAs these days because it will allow them to accomplish their continuing education on their own schedule. These online courses are usually offered at an affordable rate and students can easily register and conveniently take care of all their requirements.

Sometimes, though, people may not have the discipline to finish the coursework on their own. On the other hand, many accountants are self starters that want to get the work done and out of the way as fast as possible. They only have a little time to pursue their education, so it has to be done on their own time table. For these people, a self-study course is a good idea.

All CPAs are required to continue their education. There are a lot of regulations around the accounting industry to make sure the public is safe from poor practices. One of those regulations is that an accountant follows through with their education to stay on top of the industry. This way any client will know they their CPA is a competent advisor.

Due to advancing technology, globalization, and increasing regulations, the accounting industry is always changing. Business transactions are also becoming more and more complex, and CPAs must develop their skills to understand what is going on. Luckily, a good self-study CPE course can help you manage this.

When you register for a self-study CPE program you should make sure that you are getting the education you need. There are many different subjects available, and you need to find the one that is most applicable. There are classes that revolve around basic accounting and estate planning and there are others that deal with taxation or professional ethics. Find the one you need.

When you look into a program, make sure the provider discloses the significant features of the coursework. Make sure that they have a reputation for being accurate, current, and developing effective learning tools. You should have clearly defined lesson objectives, a clear path to completion, and they should provide evidence of satisfactory completion as well.

Self-study courses open up the chance for professionals to continue the learning process. The provider should provide the necessary learning materials in a timely and efficient manner. You should also take the time to make sure they provide a clear description of their prerequisites upfront.

It may take a lot of time to complete a quality self-study CPE course, but many accountants find it worthwhile. Continuing education is required in the accounting profession, and studying independently will let you fulfill those obligations at your own pace.

The term first party collections refers to any collections that are performed by the company to whom the debt is owed. You may not have realized it, but any time you call a client and ask them to pay up on a bill or send a reminder notice, you’re doing first party collections. Some large companies go as far as to open their own collection agency as a subsidiary to handle this.

“First party” literally means that you were the first party in the original exchange of goods or services for money, i.e. the lender. The person who accepted the goods or services and promised to pay, i.e. the debtor, is the “second party.” If an outside collection agency becomes involved, they were not part of the original transaction, which is why they’re called “third party.”

First party collections activity has some unique advantages. For one thing, there is no lag in time between an account becoming delinquent and the beginning of the collections process. Also, you have knowledge of your customers’ needs and practices, making it easy to maintain a positive relationship even after debt is incurred, which helps down the road if you want to keep the customer as a client.

Often the debtor will be more inclined to try to please their original creditor, especially if you have a product or service that he or she needs in order to maintain their business. Sometimes a gentle reminder that you won’t ship any more items until their past due amount is cleared up is enough to get recalcitrant debtors to pay.

Another difference is that unlike third party agencies, first party collections do not fall under the Fair Debt Collection Practices Act. When you are the original party or a legal affiliate of it like a subsidiary, you are considered a lender rather than a collector. Third party agencies therefore do not have as much wiggle room in their practices as first party collections entities due, but the latter are still subject to state and federal law.

Once a bill gets past due beyond 2-3 months, though, it’s usually time to turn it over to a third party agency or sell the debt. The ability to collect on past due amounts drops steeply after this time statistically, so rather than continuing collections actions in vain, you’re better off handing them over to professionals with more resources.

In addition, first party collections aren’t very effective unless you have a specialized collections staff. Your sales force, accounting staff or management are not trained collections people and their time is better spent elsewhere while you save collections endeavors for people who know how to perform them.

If you hire an individual or create a department to handle first party collections, however, they can be just as successful as third party collections. If they are knowledgeable in modern collection techniques like private investigation to track down new addresses and phone numbers, offering incentives to get the debtor to call in or working out settlements, first party efforts can be remarkably efficient. When trying to make the decision of which type of collections instruments to use, keep in mind whether you’re spreading your resources too thin or if you have the team in place to do first party collections.

When shopping for a collection agency you may not have stopped to consider the benefits of national collection agencies versus smaller local collection agencies. National collection agencies have a lot of reasons to recommend them. Following is a discussion of their benefits.

The first reason a national collection agency will trump a small local agency is their greater number of resources. Any business which has enough funds to operate offices in each state is going to be better equipped to collect on your debts. An example of this is the fact that over 50% of US states require that anyone doing collections have a license. The licensing procedure takes time and costs money.

If you’re using a local agency to call people in other states, they may not be aware of licensing requirements. National collection agencies will keep abreast of each state’s requirements and conform to them so you are in compliance with local laws at all times.

National collection agencies have well-trained staffs and make the commitment to continue this training even for their most experienced employees as collection techniques evolve. The debt management industry is very different today than it was even three years ago, and it’s crucial that you hire a firm that continually improves its practices if you want your collections to be successful.

Because they are more prestigious, national agencies get the cream of the crop when it comes to collection employees. They are also more likely to impress debtors into paying something. They will realize you mean business when you have a national debt collection firm representing you.

Since they attract the best people, national agencies are more likely to have specialized staff for unique industries. If you require medical collections, for example, you don’t want someone who’s mostly done collections on credit cards handling the files for you. If your collection needs are specialized, a nationwide firm is more likely to be able to fit them.

National agencies have an advantage when it comes to time as well. They have larger staffs so they keep longer business hours, and with offices in each state, you don’t have to worry about time zones. If you need to collect on accounts on the West Coast and your collection agency is on the East Coast, you’ll be missing out on some prime opportunities to reach the client due to time zone issues.

Finally, national collection agencies use advanced computer utilities that facilitate communication and allow you to check up on their activities. With most of them, you can monitor your account online in real time whenever you want. This is far preferable to the monthly reports that smaller agencies tend to send out. You want to check up on the rate of return, how quickly they’re getting your money back, and other details, and the best way to do that is by having access to your own files. Most smaller agencies just can’t offer this, so if keeping informed is important to you, you’d best consider national collection agencies.

Once you’ve decided on delegating your delinquent accounts to a collection agency, the next question is how to find the best one. In today’s current economy there are so many different kinds it can be confusing. Following are suggestions for finding the best collection agency to suit your needs.

The first question out of your mouth when interviewing a collection agency should be how they structure their fees. While some of them charge monthly fees, there are many who take a percentage of any recovered money. This costs you less cash outlay, obviously, and it also means they’re guaranteeing their ability to perform for you, so this is the kind of agency you want.

Some agencies belong to professional collection associations, while others do not. There are two such groups in the US, the Commercial Law League of America and the American Collectors Association. It’s preferable to hire a member firm for collections because they take their professional standing seriously.

For example, both organizations require perfectly professional conduct from their members. Not only do they conform to the Fair Debt Collection Practices Act, they are committed to training courses for members to teach the latest collection techniques.

The next question for a collection agency you want to hire is whether or not they will allow you to access your accounts online. Even though you’re delegating collections to them, you want to be able to check your files to see how things are going at any time. A truly professional agency will understand this need and take care of it for you rather than making you rely on monthly reports.

You also want to pick an agency that uses private investigators or does investigations themselves with skip trace software. (A skip trace is a search for a person based on their previous known addresses.) Collections efforts can’t be successful when you can’t locate the debtor. This is a practice that all good collection agencies follow these days so make sure the one you choose does as well.

Ask your potential collection agency if they do all their own work or outsource it. If you’re hiring a company you want that company to perform the actual work. Some agencies outsource their calls, including to offshore call centers. Unless your collections are international, in which case you will want an international collection agency that is familiar with the local culture, this is not a good idea. Debtors tend to take these calls less seriously.

The final thing you should check on when hiring a collection agency is what their business hours are. This may seem like a small thing but with national collections, time zones can be a problem, and with local collections, you still want people working outside of normal business hours. Consumer debtors are more likely to answer the phone before 9 am or after 5 pm, because they’re more likely to be home, and also because they believe collections calls are less likely at those times. A collection agency which spreads out its work hours is beneficial to you.