Changes to CGT discount and its potential impact
Client alertExplores proposed CGT discount and negative gearing reforms and what they could mean for investors.
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It is only after this period of crisis management that attention can move to addressing the longer term financial and business implications flowing from the disaster.
The chaos that follows a disaster which has impacted your business is a challenge and it is difficult to determine and focus on the priorities whilst responding to the demands and resulting emergencies which seek management’s immediate attention. It is often difficult to identify what is most important, let alone how to deal with these issues and where and how to seek assistance.
There are critical areas which must be addressed to stabilise a business and to enable a return to operation and ultimate recovery. These may differ in priority for each business however there is a common base. We consider the critical factors to address include:
Cash is the oxygen of every business and it is crucial to consider your short term cash flow requirements and evaluate how these needs might be met. In reviewing your cash flow requirements you may need to consider:
It is important to establish a sustainable cash generation strategy that aligns with your business’ immediate needs. You will need to revisit your cash flow forecast and ensure you take into account the potential for reduced sales and/or higher costs and delays in supplies and services. Further, you ought to address sourcing government grant assistance, taking advantage of concessions offered by government agencies to disaster affected business (for example, ATO lodgement and payment deferrals), deferring or re-prioritising (where possible) major items of expenditure and reviewing your commitments to your customers and suppliers.
We have detailed your tax obligations and relief available separately here.
Further, we have also set out where and how you can seek and access support from your Bank here.
Grant Thornton can also assist you in dealing with your cash flow needs, whether it is organising and quantifying them or in addressing your position with the ATO, government or your financier.
Your employees may have been directly or indirectly impacted by the disasters and support for and from your staff at this time can be critical to the recovery of your business. Consideration should be given to ensuring staff are able to take an appropriate amount of time off work (both when directly affected and also to participate in voluntary clean-up activities where appropriate), providing support services such as Employee Assistance Programs, and ensuring premises and work sites are safe.
Other factors to consider include actively managing your workforce to preserve working capital, ensuring employees are focused on tasks that provide the greatest benefit to your business, and being mindful of potential legal obligations and responsibilities to your employees.
Above all, it is extremely important to communicate effectively with employees at times of crisis, to ensure that they remain focused on the things that matter to your business, and to ensure that a lack of information is not filled by counterproductive speculation and rumour.
Businesses should consider how the floods have impacted key customers, as disruptions to the sales pipeline may have significant adverse impacts on cash flow. Many of your customers and clients will be facing the same issues as you. It is appropriate to engage with them to discuss:
Consideration should not only be given to those customers directly impacted, but also to those indirectly impacted (including customers of your customer, etc).
Your suppliers may also be affected by the floods and consideration of how they have been impacted is important given the potential disruption to your supply chain and the resulting potential adverse impact on cash flow. It is appropriate to engage with them to discuss:
Consideration should not only be given to those suppliers directly impacted, but also to those indirectly impacted (including suppliers to your supplier, etc).
Most businesses have important long term contracts that impact their relationships with suppliers and customers. Many of these contracts contain “force majeure” clauses that protect the parties in the event that a significant part of the contract cannot be performed due to factors, like a natural disaster, that are outside of the control of the parties.
Businesses need to carefully consider how force majeure provisions may impact upon their key contracts. Aspects to consider include whether the force majeure provisions excuse, or merely postpone, the contracted commitments. Working proactively with your customers and suppliers can help to alleviate the practical and potential legal issues.
Businesses will also need to consider the impact of contracts that do not contain force majeure clauses, as these contracts may present even more pressing obligations. Consideration should also be given to the appropriateness of current contract wording for all future business.
It is at these times that insurance really matters. A successful claim can be make or break for a business which has been devastated by the floods. It is therefore critical to know what cover you have and to be able to make a claim as soon as possible.
In this regard the starting point is to locate your insurance policy and review its terms. Contact your Broker or Insurer to request a full copy. It is important to review the document and discuss with your Insurer or Broker the terms of your policy and your eligibility to make a claim and the information required to support your claim.
Many business policies may include a provision for claims for loss of trading profits in addition to the general claims for property, equipment, stock and fixtures.
A claim for any loss should be submitted to the insurer for their consideration, regardless of whether you believe your policy does or does not cover you for the loss you have sustained.
Grant Thornton can assist you manage through this disaster and support you in responding to the challenge and addressing the critical factors outlined above.
Research from the Australian Small Business and Family Enterprise Ombudsman shows only one in four small businesses have a current business continuity plan. Once the crisis stabilises, future business continuity plans and crisis management strategies should be considered.
Areas to consider include:
In situations where there has been an extreme change in the business environment, it is necessary to reconsider your strategy. Look at whether or not you are in a position to continue to deliver your current service or product, or whether new pathways have arisen. We encourage you to consult your advisor for assistance in developing your short, medium and long term strategy.
Explores proposed CGT discount and negative gearing reforms and what they could mean for investors.
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