Case Study: Best possible benefits achieved in complex TPD claim Sometimes circumstances are such that they cause you, as the adviser, to exercise your entire repertoire of knowledge and experience. In this case study, circumstances were so complex and our desire so great to create the very best possible outcomes for our client, it required us…
COVID has, and continues to, disrupt workplaces around the world. Employment and workplace laws have adapted to consider new and unprecedented circumstances. Meanwhile, it’s the companies and employees at the coalface (pardon the pun) who have had to navigate and comply with changing government requirements, all while managing employee workplace health and safety issues alongside…
If in recent times you’ve thought about adjusting your business plans, you wouldn’t be the only one. Many business owners are giving thought to scaling back their involvement in day-to-day operations and what their role in the business will be in the long term. Matters that have long awaited attention have recently enjoyed a new level…
I’ve worked with dozens of executives who have sought assistance and a remedy for symptoms that many executives will immediately recognise – feelings of not being in control, failing to remain on top of personal administrative matters and not having enough to show for a career of hard work and considerable stress. These, among other…
Taking on the responsibilities of a trustee should never be taken lightly. There are obligations, often complex, that must be navigated carefully and it’s a foolish trustee who takes them on without professional help.
It’s been touted a Cash Splash Budget with something for everyone and I’m sure you have already received your share of Budget analysis emails. While I might be at risk of adding to your already bulging inbox, there are a few gems amongst the rubble (pun intended) that provide some interesting reading for mining and…
The COVID-19 vaccination rollout is raising plenty of questions in workplaces and shaping up to become a complex employment matter for mining and resources business owners, executives and their employees.
Executive Share Scheme tax rules are complex, especially with respect to the timing of taxing points and the various amounts of tax incurred. Knowing in advance when taxes are due and how much tax is payable at each point, will enable Executive Share Scheme (ESS) participants to plan. This can be especially important if it…
It’s a rather melodramatic headline I admit, but I make no apology for it. All too often in life, mining and resources executives work hard to generate significant wealth and assets, only for the legacy they wish to pass on to those they love to be tied up in legal actions and their grieving relatives…
There are ongoing Executive Share Scheme (ESS) commitments for mining and resources personnel that go beyond your term of employment. For those who move on from the employer that first granted their ESS or if they retired, were terminated, the role they worked in was made redundant or even if they passed away, there will…
Australia’s economic situation has changed dramatically in recent times and you’d be forgiven for wondering how to put your money to best use. If you have surplus cash, you will no doubt be considering whether repaying debt, contributing to super or building your investment portfolio is right for you. Tax will also be a significant consideration…
Why mining & resources business owners need to consider audit in their business strategy. Most business owners consider audit a compliance requirement for Government legislation, and sometimes it is. However, its real value lies in the confidence it can bring in terms of business financial security, improving profitability, efficiencies and productivity, as well as the…
Australian mining and resources expatriates returning from overseas, need to pay close attention to three key issues BEFORE leaving their host country to avoid unexpected and unwelcome financial impacts.
Testamentary & Super Proceeds Trusts for Mining & Resources Personnel Estate planning is about ensuring (when you’re no longer here) your assets are distributed to those you care about most and in a manner that will leave them better off or able to continue their lifestyle in the manner you want for them. To achieve…
The Government announced temporary ‘loss carry-back’ rules in 2020 that can deliver cash flow benefits for mining and resources businesses.
Last year I celebrated 20 years as a financial adviser and I took a moment to reflect on my experiences helping people manage their financial affairs. While much has changed over two decades, I came to the conclusion that one thing in particular had not. And that is, in my opinion, couples who share their…
The differences that can save you money & TAX! The lending terms, home loan redraw and offset account, are often misunderstood. Mostly, because both arrangements allow borrowers to make extra payments toward their home loan (to reduce the interest on the loan), as well as the ability to access this extra funding if needed for…
You may be familiar with BOMAD, otherwise known as the Bank of Mum and Dad. According to MOZO, a finance comparison website, it’s Australia’s fifth largest residential lender and parents are forking out on average $73,522 to help children buy their first home.[1] But it’s not just parents who are helping out with money. High…
The 2020 Federal Budget was built on a number of assumptions…that a COVID-19 vaccine would be available by the end of 2021; state borders (other than WA) would be open by Christmas and business conditions would have moved from recessionary to growth. It also rests on the absence of further and more widespread outbreaks of…
As you’ve learned in our earlier articles there is much to consider when it comes to business succession planning. While selling your business may be a cornerstone of succession, achieving it involves completing a multilayered process that rests on an abundance of decisions. These directly relate to how and when capital can be extracted from…
The coveted 2020 Independent Financial Adviser (ifa) Holistic Firm of the Year award is the second for Stratus Financial Group. The highly respected Brisbane-based financial planning firm and Resources Unearthed contributor, took the honour in 2019 as well, shoring up their reputation for delivering quality and truly ‘holistic’ financial planning that is underpinned by integrated services and…
Business sale structures that extend beyond the ‘as is where is’ sale approach include alternatives that are becoming more common for high-value mining and resources business owners who aim to maximise return whilst balancing or minimising risk to achieve a successful business succession. The most successfully executed business sale transactions are those that consider the…
Research* indicates that a large number of business owners, among them those in mining and resources, are planning to exit their businesses within the next five to 10 years. Importantly, findings also indicate that on average, getting exit-ready requires three to five-year lead time.
While getting the numbers right indicates where your business is now and enables you to develop your vision for the future, sound strategy is what will bring the vision you have your mining and resources business to life. Here we explore four effective business tools that provide the insights necessary for determining successful business strategy.
In this video, James Marshall, Financial Adviser explores FIVE important financial matters expatriates need to consider. They are: Understanding your tax ‘residency’ Foreign tax residency and the implications on your Australian tax affairs Accumulating assets outside of Australia Will your estate plan work when you are overseas and cover other unfortunate events? Managing Australian entities…
While there is no denying that COVID-19 has resulted in extreme ups and downs for all businesses, including those in mining and resources, it’s important to know that regardless of circumstances, proactive and informed business management is, and will always be, the driving force behind surviving and thriving. As we move into the so-called ‘new normal’…
COVID-19 has changed almost every aspect of running a business, but the law is often slow to catch up with the real world and particularly the uncertainty of a pandemic. Many mining and resources business owners have struggled to understand what is required of them in relation to their employees and it is easy to…
Executive Share Schemes are complex. And this is especially true when an employee has unvested performance shares as part of their employer’s executive share scheme is made redundant or is considering taking voluntary redundancy.
So, you’ve recently won a key piece of work that should prove lucrative for your business for many years to come. Congratulations! The truth is, however, that the job and the price are often only the beginning of the story. For example, have you considered the terms on which that work will be provided? If…
Prior to my involvement with his affairs and following his unexpected death, my client had inadvertently created a devastating financial legacy that would take years to sort out and cost his estate hundreds of thousands of dollars to resolve. The situation had arisen in part because he received poor advice concerning a very large contribution of vested…
Prepared for mining and resources executives and employees who have an Executive Share Scheme (ESS) as part of their salary package, this document provides an insight into the nature of ESS. We aim to create an awareness of the inherent complexity involved in managing an ESS, the requirement for constant review and the high probability…
Graduates and students working full time in the mining and resources sectors for part of the year may be eligible for a $500 boost to their superannuation account thanks to the Government’s superannuation co-contribution scheme. It’s a little-known benefit that’s well worth looking into for income earners who earn less than what the Government considers…
Many mining and resources business owners are looking ahead to the medium and long term future and beginning to navigate the ‘new normal’ emerging on the other side of the COVID-19 pandemic. As we transition into the next phase, we’re asking business owners to consider what they need to do to structure their businesses so…
It always pays for a business owner in mining and resources to be proactive, particularly towards the end of the financial year. While careful tax return preparation is important, the fact is, most tax saving mechanisms need to be implemented before 30 June. The earlier you can identify the issues, the more time you have…
Most executives in mining and resources would agree that the opportunity to live and work overseas – whether permanently or temporarily – is an exciting part of their career. Many may not be aware, however, of the implications for their executive share scheme (ESS) of living in different tax jurisdictions. Multi-jurisdictional taxation, tax equalisation and…
To explain the legal impacts of COVID-19 regarding employment law, Robert Lamb, Director at Hillhouse Legal Partners, recently presented a webinar for the Institute of Quarrying. Hillhouse Legal Partners provide legal support for mining and resources executives, professionals and business owners. The webinar covers key elements of Australian employment law and examines the relevant economic stimulus…
For recipients of a past, current or future executive share scheme living in Australia or overseas, this video summarises key considerations as well as why you need specialist advice to make the most of your ESS: Vesting and the crucial decision about what you should do with newly vested shares; The implications of multiple tax…
Mining and resources executives who hold a large proportion of their overall wealth in an executive share scheme (ESS) need to be aware of the potential disadvantages of being in a ‘top heavy’ financial position. For executives whose ESS may account for the majority of their wealth, it is important to understand the risks and…
In 2020, more than ever before, and particularly in light of COVID-19 Government relief measures in superannuation, we recommend you review your financial situation, goals and strategies – including your super contributions – and make any necessary adjustments before June 30. In this article, we outline the Government’s COVID-19 superannuation relief measures. We also include a…
The share market is nothing short of a roller coaster ride and investors are holding on tight. When it comes to mining and resources companies some share prices are holding their own so far, but others are well down.
Two critical matters are top of mind for our mining and resources clients in light of the extraordinary challenges facing businesses as a result of the coronavirus pandemic. Here we provide information that highlights your legal obligations to your employees and why now is the time to review any commercial leases.
Federal and State Governments, the ATO and business and banking sectors are acting decisively in the national interest to support household and businesses and address the significant economic consequences of COVID-19. Understanding the assistance available, eligibility criteria and how to get early access to support will be crucial for you as an executive, professional or…
There can be benefits for everyone when a business owner takes a long-term strategic approach to business succession. To borrow from international business commentator Simon Sinek, being in business is an ‘infinite game’ where business longevity is key. This means that for any business activity – and this includes business succession – the further you…
Business succession can be a daunting proposition. Having worked so hard and for so long to build a successful mining and resources business, key exit considerations will help you transition from your business smoothly, in accordance with your wishes and in a manner that will set you up financially for the rest of your life.…
In this series of three articles, we explore key issues that business owners in mining and resources need to consider when they want out, and importantly, why they’ll need a professional advice team to handle what are typically highly complex and diverse issues across legal, tax, accounting and personal financial planning priorities.
The Australian Prudential Regulatory Authority (APRA) recently announced a range of measures to income protection that aims to sustain this important insurance. Here I summarise why these changes are SO important, and why high-income earners and self-employed business owners in mining and resources need to act NOW to benefit from favourable definitions that will soon be removed.
Establishing your tax residency status should be a top priority if you are planning to live and work in the United States. Tax processes in the USA (and other overseas) jurisdictions are highly complex and there will be major financial consequences if you get your tax residency wrong, so you will need specialised advice. Over…
It can be prohibitively expensive for a mining and resources business to engage an in-house lawyer to manage the recurring legal matters characteristic of these sectors. Fortunately, there is an alternative. A bespoke legal retainer arrangement is an efficient and cost-effective strategy that provides access to not just one, but a team of qualified and…
In earlier articles we discussed how your accountant can help you grow a profitable business and how your lawyer can help you protect it (particularly in regard to implementing Shareholder Agreements). In this article we discuss the role of your financial adviser as a collaborator working with these and other professionals to identify and mitigate…
In this article we discuss the need for SME’s in the mining and resources sectors to implement Shareholder Agreements and why these documents are crucial for protecting your business interests, and in turn, your personal prosperity. SME Business Success = Personal Prosperity #2 Getting the most from your shareholders agreement Let’s face it, building personal prosperity is…
Life can be complex for the owners of an SME. Not only do you need to manage significant financial, business and legal matters, you also need to address growing your personal prosperity – otherwise, what’s the point? The fact is, working long and hard will be a bitter pill to swallow if you fail to…
Stratus Financial Group has (for the second time) been awarded Practice of the Year at the Fortnum Financial Advisers gala awards night held in August this year on the Gold Coast AND now in September, the prestigious ifa Excellence Award for Holistic Advice Firm of the Year. “We’ll be honest, awards are important to us as…
As a small business owner it’s likely you have been investing in your business at the expense of making personal superannuation contributions. But the good news is, the small business CGT concessions may provide opportunity for you to reduce Capital Gains Tax AND catch up on your superannuation contributions. What are the small business CGT concessions?…
The SIXTH annual ifa Excellence Awards finalists have just been announced and Stratus Financial Group is among the top contenders for the coveted Holistic Advice Firm of the Year category. Brett Cribb, Principal Practice Director, Stratus Financial Group said he is pleased to be among the finalists in this particular category. “This award recognises that…
If your goals as a professional in mining and resources include purchasing your first home, the new First Home Super Saver Scheme (FHSSS) is well worth your consideration. The FHSSS allows individuals to make voluntary superannuation contributions with the ability to withdraw them (plus associated earnings) for the purchase of their first home later. The…
We have written this important strategy paper for business owners in mining & resources, as well as those considering starting their own business. The paper focuses on these THREE key matters that delivered 10 significant (and life-changing) outcomes for the business owner: 1. The issues affecting a small business that grows significantly into a much larger…
This strategy paper overviews five important areas in financial planning for professionals in mining and resources: superannuation; insurance; cash flow; home/property ownership; and estate planning. Take your first step towards building and protecting your wealth by downloading my strategy paper NOW. Read the full strategy paper here.
Your passing will be difficult enough without unnecessary complications arising from an invalid Will. Ensuring clarity and a smooth process for the implementation of your final wishes will be much appreciated by grieving loved ones, so while it might appear to be the modern thing to do, our advice is to think twice before making…
This case study illustrates the collaboration between financial (myself), legal and business advisers to create a seamless plan for our client, a business owner in mining and resources, and his wife to help them achieve their financial goals and leave a legacy for their children. Knowing that protecting the family’s current lifestyle was important to John…
This case study outlines how I provided financial planning advice and coordinated business and legal advice for a mining executive who had worked overseas for 30 years. There were multiple issues relating to complex executive options and share plans in a variety of structures across a variety of taxation jurisdictions and in addition, my client had…
This case study outlines how we coordinated buyer advocacy services to help a mining executive who was relocating to Brisbane from overseas. The client was able to purchase a family home that exceeded their expectations. Not only was it located in a sought-after suburb, it offered all the lifestyle benefits they had hoped for. Importantly, they…
Written for mining and resources executives and professionals to help you enjoy and benefit from living and working overseas, this important strategy paper considers the complex and interacting matters – personal, family, professional, social and financial – that need to be taken into account before you relocate. These matters include: risk & investment strategies; super/SMSF; asset protection;…
Building wealth effectively within superannuation is an important consideration for mining and resources personnel, particularly when a change in super legislation may be of benefit. 2018/19 is the first financial year you may be able to boost your superannuation balance by carrying forward unused superannuation concessional contributions cap amounts. Part of the Government’s superannuation reforms,…
This case study outlines how we guided our client, a business owner providing services to mining & resources, through a myriad of legal issues to arrive at selling his business for a great price, maintaining his intellectual property to meet his future goals, and setting up his estate planning for the benefit of future generations. Read…
After many years developing their business providing specialised services to mining and resources, our clients wanted to investigate how they might realise the potential value of their firm, implement a plan to achieve that value upon selling the business, and in doing so, maximise their retirement savings. This case study outlines our approach and advice,…
Your life as a mining and resources professional will always be busy but as the end of financial year (EoFY) approaches, it could be highly beneficial for you to stop and take stock of your financial situation, goals and objectives, and do any necessary fine-tuning before June 30. My EoFY planning tips for mining and…
The key to not only achieving but surpassing your business and personal wealth goals will lie in the quality of the legal advice you receive. If you are considering selling or buying a mining and resources business, you run the risk of adverse legal impacts if you choose to manage the complexities involved by yourself.…
In this strategy paper, Brett Cribb of Stratus Financial Group demonstrates his high level of understanding of the issues affecting mining and resources executives and outlines the financial planning solutions necessary for you to optimise your income. Download this strategy paper here: The Advice You Need for Mining & Resources Executive Remuneration Packaging & Complex Tax…
Our client was a successful business owner in mining and resources whose business and personal financial affairs were tightly entwined, raising concerns that needed to be addresses. This case study describes how we partnered with the client and his wife to prioritise and address their complex financial requirements: building business assets and investment worth; asset…
After years of dedication and hard work, you deserve to realise the full value of your business upon its sale. You also deserve to maximise your retirement savings. To achieve both outcomes, questions concerning your preferred exit option, business value, tax and CGT implications and what type of buyer you should attract will all need…
If you are a business owner or are planning to transition from employee to employer in mining and resources, this series of four articles is for you. As a business owner you need to protect your assets, plan your financial future (including your retirement) and realise the full value of your business upon its sale.…
If you are considering downsizing to free up capital or reduce your mortgage payments, or you just want to free up your time spent on maintenance and cleaning, you need to consider more than an optimal sale price for your family home. Planning the purchase of your next property is just as important if you…
Selling your family home and downsizing can be an effective means of freeing up capital or reducing your mortgage payments, eliminating time spent on cleaning and maintenance and often reducing significantly large utility bills. If your grown-up children have left home, now may be the time to consider downsizing. Maximising the sale price of your…
While your work day might involve drilling, drones, geology or any number of other fee generating tasks, the fact is, it’s understanding your numbers that will ultimately bring business success. You’ll be able to take control of your business once you know what the information in your financial reports actually means, and understanding ‘the numbers’…
For absent property investors living overseas and investing in property back home in Australia, there is significant risk of paying too much for properties that can fail to live up to their purchase price or longer-term return on investment. If you are living and working in a country other than Australia (or may do so…
Proposed changes to Capital Gains Tax have the potential to massively impact your tax position as an executive, professional or business owner in mining & resources. If you are already overseas or are preparing to relocate overseas for work there are wide-ranging tax matters that will need to be addressed before you go and then…
Your employer has offered you a role overseas and you are looking forward to the professional development and the experience of living and working in a different country. However, there is a range of legal matters you will need to consider, including the obvious – and complex – one of negotiating the terms of your…
Are you currently living and working in another country or could your job take you overseas in the near future? If you are an executive, professional or business owner in mining and resources who is spending 12 months or more living an expatriate life, this series of articles is for you. Over the next four weeks,…
It’s the time of year when many professionals in mining and resources are preparing to move house before taking up new positions in 2019. It’s also the start of the silly season, which brings a host of additional demands on your time, so that when it comes to setting up (or reviewing) your home loan,…
In Establishing a Consultancy Business in Mining & Resources Part 1 we set out various important issues for your consideration. Here we expand on three of them: asset protection & tax minimisation, funding, and employment law issues. 1. Asset protection and tax minimisation Most consultancies are set up as a sole trader, partnership, company or…
Whether you are thinking about starting a business in mining and resources or you already have a business in this sector, there are FIVE key questions you need to be able to provide definitive answers for, either BEFORE you start your business or during REGULAR REVIEWS to ensure your business remains relevant and positioned for…
If your income stopped today, who would pay your bills? Your partner, your parents? Or do you have enough savings to meet expenses for the rest of your life? If the answer is no, then you should consider income protection insurance. Your ability to generate an income is arguably your greatest asset, yet only 31%…
A mining and resources consultancy business can be relatively simple to establish: it can be done with no employees, no stock, limited equipment and perhaps no premises if you work from home. On the other hand, a consultancy business may not start small and/or may grow quickly. Whatever your circumstances when setting up your own…
Whether your mining and resources business is a startup or a growing concern, you need to think carefully about how to protect it. Business insurance policies can potentially save your business when things go wrong, but only if you’ve taken the time to check that the business and its assets are adequately and appropriately covered.…
When purchasing property in SMSF, knowing which property to avoid is just as important as knowing which to target. If you are considering buying property for your SMSF, my advice is to exercise extreme caution. Before going ahead, make sure you fully understand your strategy and have thoroughly investigated the property in question. The number…
What is cash flow management? For many professionals in mining and resources, high incomes are often accompanied with an overspend on discretionary expenses and limited savings, despite best intentions. Spending less than you earn sounds simple, yet it can be difficult without knowing how much and exactly what you’re spending money on. If you’re finding…
Are you compromising your personal prosperity by not making regular superannuation contributions for yourself? It’s common for mining and resources business owners to pay everyone else and reinvest profits back into their business before paying themselves a regular wage AND superannuation. It’s important to understand that short changing yourself can have significant consequences for your…
What is a testamentary trust? A testamentary trust is established when a testator leaves assets to their spouse and/or their children (or other beneficiaries) by way of a trust in their Will, rather than to the beneficiaries in their personal capacities. A Will can establish any number of testamentary trusts. The testamentary trustee will hold…
If you are in business, it is important that you are aware of the basic elements of a contract to ensure that you do not find yourself in the unfavourable position where you cannot properly enforce what you understood to be the binding promise of another. In Australia, there are six basic elements that must…
A common misunderstanding among business owners is that your tax bill is solely reliant upon your tax return preparation. In our experience, most successful businesses in mining and resources begin their tax planning in July… at the very beginning of the financial year. However, if that ship has sailed, your next best opportunity is now, in mid…
Whether you’re just starting out as a professional in mining and resources, or have been well established over the last decade, even the slightest surplus income can make a difference to your overall financial position. Loosely defined, surplus income refers to funds that remain after you have met your expenses and taxation commitments. If your…
The 2018-19 Federal Budget announcements were wide-ranging and much of the detail has not yet been released. Announcements include: $20K accelerated depreciation extended until 30 June 2019 for SMEs Introduction of a three-year cycle for SMSF audits for compliant funds Seven year personal tax cut plan For further details, please refer to our concise and…
Failing to keep accurate records of your executive share scheme (ESS) shares could see you paying way too much tax. It is important to understand that as a recipient of shares or options under an executive/employee share scheme, you are responsible for understanding and properly managing the tax implications. Failure to do so can result…
How to understand the after-tax value of executive share scheme holdings is a common challenge for the mining and resources executives I meet.
When was the last time you reviewed the structure of your mining and resources business? The type of entity in which your business operates will impact upon many issues: tax effectiveness, asset protection, business succession, flexibility, simplicity/complexity and administrative cost. Also, the types of risks your business faces will influence the structure. These are potentially…
Executive Share Schemes can be extremely complex, but effective management by an experienced professional can help you make the most of this wealth creation opportunity.
Executive share schemes (ESS) can be an effective way to accumulate wealth, however each vesting period gives rise to a number of considerations, each with different consequences. In Australia and in other countries, the shares awarded under an executive share scheme have a taxing point at the time of vesting to an employee. Regardless of whether…
For many mining and resources professionals, relocation is often a consequence of progressing your career path. Purchasing a property in your new town or city may form part of your personal wealth accumulation strategy. You may have equity in an existing property that you have retained as an investment, but limited cash available for purchasing…
Many mining and resources executives in executive share schemes (ESS) feel they are paying too much tax, and sometimes they are.
Our advice on superannuation for mining and resources professionals is this: Do what you can, as early as you can, to take advantage of the tax-efficient savings environment that the Australian super system offers. Your decisions around super are all the more important since 1 July 2017 as the lowered concessional contributions cap may have…
The funding of life insurance within a super fund can provide various taxation concessions that are not usually available for life insurance policies held outside of superannuation. Having sufficient insurance in the event of death is vitally important, especially for younger families with mortgages and young children to support. An important consideration is whether to…
Not only did we see significant falling commodity prices in 2015, but a World Bank analysis expected 37 out of 46 commodities to drop further in price in 2016 1 . Prices did rise during 2016, but if they slump again, the value of the shares in your Executive Share Scheme (ESS) may drop dramatically.…
