Frequently
asked questions |
The
address for the Inland Revenue Department is P O Box 1535, Hamilton.
The
fax number at Chapmans is 831 0206.
Chapmans
office hours are from 8.30 am to 5.00pm, however appointments can
be made outside of these hours.
Business
Planning Basics
THE information
you can put into a business plan is unlimited.
One of the benefits of writing down your plan is it clarifies
your thinking. It forces you to be more specific about your rough
and woolly ideas.
Visualise your business as you want it to become in, say, five
years. If you can write this down clearly and can stay focused
on it, you will improve your chance of success. I stress the word
focus. Many people are undisciplined in business, so they never
achieve real success.
Start your planning by thinking of your business under these six
headings:-
1. Products
Can you specialise and become an expert in one aspect of your
field? Pick something which others find difficult to achieve.
You can charge more because you will have less competition: the
greater the difficulty, the greater the reward. For example, a
builder seeks out the most complex jobs from architects. He enjoys
the challenge and seldom has to compete based on price. You’ll
find accountants specialising in liquidations and lawyers who
do only workplace law.
2. Customers
Not everyone is a possible customer, especially for small businesses.
A city plumber will service a restricted area because it will
be uneconomical to travel from one end of the city to the other.
Be selective. Your objective is to make a profit and a good one.
Start by culling customers who are slow to pay their bills. You
may have heard of the Pareto principle: 80% of your customers
will provide only 20% of your income. Try to increase the 20%
of big spenders. The smaller your market the more easily you can
become well known in it.
3.
Equipment
Make a list of the plant you will need. You do not need to buy
all of it. See Finance, below.
4. Premises
Will you be working from home or have an office or factory? Will
you have premises at several different locations? If you decide
in five years’ your business will be run from home, then
plan suitable facilities, storage, etc, as part of your home.
If you plan to open several shops, start thinking about their
location and the best order for creating them.
5. Staff
Describe the staff you will need; it will help you in your selection
process. Consider all the functions you will want carried out,
group them and finally allocate the people. Do not start with
the people, even if you already have a sizeable staff. Go for
talent and attitude in your staff selection. Often staff are chosen
on the basis of what they know - a big mistake. Anything which
can be taught is less important than attitude. List the essential
skills and then list those which are desirable but not absolutely
necessary. You should refer back to this part of your plan when
engaging new staff.
6. Finance
List your finance requirements. Unless you can afford to pay for
everything you need, consider all the ways you can think of to
get funds. See next page and our two previous newsletters for
ideas to improve your cash flow. When the Body Shop started, the
owner gave away a half shareholding in the business to establish
her second shop - an enormous price to pay for finance! Outsourcing
is often a useful way of using other people’s equipment.
You might also be solving an employment problem at the same time.
Some
ideas for short-term borrowing
Bank
Many clients assume they should use hire purchase to buy their
vehicles. They keep their bank accounts permanently in credit.
If they were to use an overdraft for such purchases and fluctuate
in and out of credit they could save significant amounts of interest.
Surplus cash in the bank provides a comfortable feeling. However,
using your surplus cash costs nothing and interest on the overdraft
is a cheap source of money. Avoid using your overdraft to its
limit. The unused credit limit is a quick
source of cash in emergency.
Creditors
If you are having a temporary cash flow problem, approach a major
supplier for some extended credit. If you habitually pay your
creditors on time, you are more likely to be trusted with special
credit terms. You could ask for 90 days to pay. This extended
credit will often be interest free. There’s no cheaper source
of funds. If you have to forgo a discount, this could be an expensive
way of financing. Use it sparingly.
Credit cards
A credit card has the potential to be a quick source of money.
It can be useful to handle a surprise ACC or tax bill. The interest
rate is high but the loan may be quite short term so the total
interest you pay will be small. It is a hassle free source. There
are no extra bank fees and it is on demand. See credit card borrowing
as your last choice for quick cash. The interest will cost you
less than IRD penalties and is tax deductible. Drive up your credit
card limit as high as possible in case it is required for that
rainy day. Do it now or you will never get round to it. Another
way to use your credit card is for business purchases. Provided
you pay on time, there is no interest.
Life Insurance
It usually takes a few days to arrange a loan on life insurance
policies. The interest rate is comparable with the bank and insurance
companies do not usually charge a fee. This is another way to
finance a vehicle. You can borrow at much lower rates than hire
purchase and enter into a similar instalment arrangement for repaying
the debt.
Don’t
be too quick to sign your lease
MANY people do not take enough care when signing a lease. If you
are about to sign a lease, consider the following:-
Who pays the rates and insurance?
If you pay the insurance, what does it cover? Fire, loss of
rents, flood, indemnity or replacement? The cost will rise the
more cover the landlord wants, so ensure this is defined.
How long will it be until the landlord can increase the
rent?
Could your business be easily moved if necessary? If not,
then you should go for a long lease, with the right to get out
if you need to. A lease for three years with the right for you
to renew for three more years gives you the opportunity to stay
for six years, but the ability to cancel at the end of three.
Your lease should contain some control on the amount the rent
can be increased, when you exercise your right to renew. There
is no control over the rent when you have to negotiate a fresh
lease. Therefore, consider now going for as many rights to renew
as you can get.
Landlords commonly require tenants to pay the cost of preparing
the lease. Why not seek a 50:50 split?
How about the right to put up signs, restrictions against
competing tenants or troublesome tenants – noise or smell?
Some leases state the landlord does not warrant the premises
are suitable for your needs. Cross out a clause which says this.
Watch out for a demolition clause. This is one which gives the
landlord the right to demolish the building at any time without
compensating you.
If you cannot avoid a personal guarantee, can you impose a limit?
Say, a maximum of 12 months’ rent if you have to move out
or sell and assign the lease. If you cannot pay the rent, there
may be a default interest rate. Now is the time to set that figure
as low as possible.
Who will be responsible for internal and external maintenance
and cleaning?
The extent needs to be specified. Can you make the landlord
take some responsibility for making the premises safe from burglary?
Finally, there is likely to be an arbitration clause.
Arguing the case before an arbitrator is expensive. Try a
pendulum clause instead. It is excellent when renewing a lease.
The landlord and tenant each state the amount they think the rent
should be. The arbitrator determines a fair rent. The rent to
pay is the figure closest to the arbitrator’s. Landlord
and tenant have a big incentive to be fair and thus costly arbitration
is often avoided.
How to improve your cash flow
WOULD
you like to be able to take more money out of your business? Here
are some ways to improve the money supply when you need new equipment.
Do not fund everything yourself. Consider borrowing for your business
and having the interest tax deductible. Before buying equipment
look at these alternatives:
A finance lease means you pay no deposit but may have to pay a balloon
(lump sum) payment at the end of your contract.
An operating lease means you can never own the equipment. You pay
to hire it.
Hire purchase means you pay a lump sum at the start and spread the
balance of the debt.
Could you just borrow from the bank?
Do you need the equipment at all? Have you considered contracting
the work out, using someone else’s equipment?
Things to consider when buying a business
Income
How much is the total income to owners, including any company profit?
• Ask for five years’ accounts.
• Have these accounts been prepared by a qualified accountant?
If not, how do you know how the figures have been put together?
• If not supplied, insist on having the balance sheets. They
provide a wealth of information such as:-
1. Has the owner tried to manipulate the figures?
2. Could bad debts be high and not written off?
3. Is the business in financial difficulty?
Profit
arises only after a fair wage has been paid to the owners. Many
businesses for sale do not make a profit. The income they generate
is barely sufficient to cover the owners’ wages. This ought
to mean there is no goodwill. However, many people buy businesses
and pay goodwill even though the wages they will earn are low. Sometimes
they see opportunities to make a greater profit but often they are
merely buying a job.
When
buying a business, look at what you are going to get out of it and
deduct a fair wage. Is what is left over a sufficient return for
the risk you are taking with your money? In my view, you ought to
get at least 25% back on the money you outlay. This takes care of
the interest you would have got and also the risk you are taking.
Never overlook the very real possibility of losing your money.
Sales
What is the trend of sales over last five years? Are sales steady
or fluctuating? How does the future look?
Check
the sales over the last three months. Compare this with the same
time last year. Are sales going up? Go by money banked rather than
vendor’s records. Remember bankings could include non sales
income.
GST
returns can be useful for additional evidence of income. They contain
all sales including equipment so are not 100% reliable. Use the
IRD assessments as well as the copy of the GST returns to ensure
figures have not been altered.
Owner
runs a second business
Ensure the owners do not run a second business. If they do, they
can inflate the income of the business they are selling with sales
from the other business.
How
to minimise risks
Take a security (like a mortgage) over the business assets. If the
business goes broke you will have a prior claim over ordinary creditors.
This is very useful if you still owe money to the bank. Alternatively,
the security can be in the favour of the bank.
Avoid guarantees like the plague. Negotiate where ever possible.
Try and limit your guarantee. Refuse to allow your spouse to be
a guarantor. Renegotiate previous guarantees whenever you have the
chance.
Agencies
such as Lotto
Beware of dependence on one source of income and the ease with which
it could be removed. Also look out for expensive demands by the
firm granting the agency.
Make
comparisons
Shop around and make comparisons with similar businesses for sale.
The
following may be signs of a good buy
• Retirement - outgoing owner may have been undercharging
and you can put up the prices
• Trouble with the landlord. You may be able to negotiate
a good lease.
• Owners fighting amongst themselves including matrimonial
• Vendor prepared to leave substantial money in at a favourable
interest rate
• Business is making a loss but assets being sold at less
than their break up value.
• Business has excessive owner overheads which can be trimmed.
• Ratio of staff wages to sales out of kilter compared with
normal for industry - may indicate inefficient use of labour or
under pricing.
• Illness
• Dependent on key employee who has left
Set
up yourself
Look at the option of setting up a business, instead of buying.
Opportunities
Make allowance for the opportunity to make the business grow.
Competition
What is competition or possible competition in the area like? Could
someone set up in opposition to you?
Hours
of work
Number of hours of work, including family.
Interest
Remember you pay interest on borrowed money. This will reduce your
profit.
If you use your own money to buy the business, you will no longer
get interest. Allow for this. You need a higher return to compensate
for the risk of being in business.
Health
requirements
For food businesses check to see health requirements are up to date.
Lease
Check the terms of the lease. Will the rent be going up shortly?
When does the lease expire? If leasing premises you should check
the lease with your solicitor. Be sure there are substantial rights
of renewal. You do not want the landlord able to take over the premises
when you have paid goodwill to be there. If necessary, make it a
condition of purchase that you obtain a fresh lease acceptable to
you.
ACC
If you take over someone else's business either by "buying
the business or by taking over the shares in the business"
you may be given the experience rating of the previous owners. This
can mean you could face a loading on your ACC. It’s worth
checking with ACC.
Equipment
Does money need to be spent on it?
Product
life cycle
Is this a growing, mature or dying industry. Do you really want
to own a business in a dying industry?
Sale
and purchase agreement
Most assets (but not goodwill), can be depreciated for tax purposes.
Therefore, if buying a business be sure to list the assets and state
the price paid for each. Negotiate for goodwill to be as small a
share of the total price as possible.
Vendor
warranties
Anything a vendor has said can be put into your sale and purchase
agreement. If promises have been made, be sure to include them.
Be sure to include a warranty by the seller concerning the level
of sales. Also insist on seeing the final accounts so you can confirm
the sales were as warranted.
Include
in your agreement figures for liquidated damages. This means the
agreement states how much the selling price will be reduced if certain
conditions have not been met. This will save you any arguments later.
Skills
If special skills needed, the market for the business is limited
to those who have the skills.
Stock
Is some obsolete? Don’t buy the other person’s purchasing
mistakes.
Finance
Will vendor leave money in? If the seller misrepresents information
to you, you can withhold payments.
There
are several ways of financing a business. We can help you.
Staff
Any risk of staff leaving and competing with you?
If
manufacturing, would it be better to use subcontactors and out-workers?
Make
yourself familiar with the basics of the Employment Relations Act.
Threats
Consider possible threats from:-
Customers - E.G. Do it yourself market
Competitors
Economic changes
Government regulation - eg changes to parking or one way systems
Law Changes
Technology change
Social changes
Hidden
benefits
• Costs shared between business and private.
e.g. car registration, insurance etc.
• Opportunity to purchase stock at wholesale prices
• Sometimes cheap accommodation
• Better way of life being your own boss
• No fear of redundancy
When
you have bought
Take over as quickly as possible. A person who has sold a business
loses interest rapidly and their service to the customers deteriorates.
Require
the owner to assist you fully, as you require. This should be a
condition of purchase. EG to be available to work for the new owner
without charge for up to 20 hours a week for the first month after
purchase. You may find you only need a few hours of instruction
and it is better to get rid of the old owner as quickly as you can.
Some people can be reluctant to give up the reins and they get in
the way.
When
to use your accountant
Finally, before signing any contract, contact your accountant who
will be able to check the business for you and help with financing.
Important
business advice
When you have bought your business you should also make enquiries
about:-
• How to make your business grow and become more profitable
• Keeping Books and Records
• Income Tax, GST, Fringe Benefit Tax etc
Cash under the table
You may be told, as the business takes a lot of cash, we do, of
course, take money out of the till. These statements are not always
true. There are ways of determining whether this may be true and
perhaps getting an idea of the degree of dishonesty. You can never
be sure of these statements and it is best to disregard them.
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WARNING
The information supplied here is simplified and condensed.
It is only a guide and should not be relied upon as a substitute
for professional advice. |

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