Personal Risk
- Health and Wellbeing
- Become ill (short term or more serious)
- Suffer critical trauma
- Death
- Require treatment in hospital
- Burnout
- Relationship break up
- Financial or cashflow difficulties and bankruptcy
Business Risk
- Asset
- Car is damaged or stolen
- Clinic is fire damaged
- Equipment is lost/damaged/stolen
- Laptop develops a virus
- Drop mobile phone
- Liability
- Privacy or security breach
- Important data is lost or corrupted
- Someone is injured because of my actions, inactions or advice
- I cause damage to somebody else’s property
Most business risks/asset protection can be covered or mitigated by
- Good business practice and a balanced life
- Business Structure
- ACC
- Insurance
These are covered in more detail below.
Finding the right balance is a key way to manging risk. Finding that balance includes considering the following:
- Diet, exercise and lifestyle balance
- Partner, family and friend support
- Colleague support
- Good business team
- Become financially savvy
- Knowing my risks
My Business Structure should be tailored to;
- Best manage risk
- Meets obligations and compliance
- Best governance
- Protects my assets
- Ensure effective and efficient use of $, time and tax
If starting out and I am the sole income earner, deciding on a business structure is easier. As complexity is added (such as multiple business interests, significant personal assets) then proper consideration of my structure is needed.
In any event I should discuss this with my Business Advisor.
Types of Business Structures include;
- Sole Trader
- Partnership
- Company
- Family Trust
What is a Sole Trader?
A sole trader is a person who goes into business on their own and;
- Usually, can begin trading straightaway without any formal process
- Uses their own IRD number for the business including income tax and GST
- Is the sole owner and is personally entitled to all profits but is also personally liable for all losses, taxes and debts
What is a Partnership?
A partnership is where two or more people join to run a business, usually;
- Based on a partnership agreement
- Share any profits or losses equally
- Liable for any debt within the partnership
- Needs to apply for a partnership IRD number including income tax and GST
- Does not pay income tax; it distributes income to the individual partners who then pay income tax
Company
One or more people can start a company. A company;
- Is governed by a shareholder’s agreement
- Is a separate legal entity from its owners
- Owns all assets and liabilities of the business and is responsible for any debts. Shareholders liability is limited
- Needs to apply for a company IRD number including income tax and GST
- Has increased compliance and administrative obligations including Companies Office and IRD
Why Consider a Family Trust?
A family trust is usually set up to protect family assets (home) and ensure that those assets benefit the people and the way in which I want. This is an important consideration for sole traders.
If it is set up and run properly the family trust will usually offer protection from;
- Professional liability
- Financial problems
- Relationship changes
Caution, a trust could be void if;
- Set up to defeat the rights of creditors
- Current couple’s relationship property has a negative impact on one of the partners
- Residential care subsidy when gifting rather than selling
If you are thinking about a family trust, then talk to a lawyer
- Ask for a no obligation meeting
- Think about what assets I wish to protect
- Who do I want to benefit (including myself or my partner) and how?
- Gifting process
- Make sure at the same time I sort out my will
Do I need a will?
- Why “How do I want to look after my family”
- When
- Marriage or civil union
- New business or Purchase major assets
- Children are born
- Who … for the benefit of my family
- What
- Distribute assets that I own
- Special wishes or instructions
- How
- A lawyer can draft a will
- Easy process and in most circumstances are free
If I don’t have a will or if it is not updated, then ….
- Your wishes may not happen
- Access to assets can take longer
- May not be distributed in the way you had expected to your surviving family
- Instructions contained in the last signed will … will be used
- Upon marriage or civil union then any will in existence is revoked
ACC LEVY (including CoverPlus and CoverPlus Extra)
ACC Levy Cover Plus (Nuts and Bolts)
- Agreed accident and keeps me from working
- Does not cover illnesses
- 80% income replacement based on what I pay tax on
- Contribution towards treatment and rehab
- Based on historical earnings
ACC Levy Cover Plus Extra
- I can determine what I insure for
- ACC Levy is then based on the cover chosen
- Full benefit of the cover (not 75%)
- I can set a lower level of cover and use savings to buy other insurance cover
There are a number of insurance types that should be considered and purchased to reduce the risks associated with my business.
Income Protection Insurance
- Income stream if I am unable to work
- Top up to ACC cover if an accident
- 100% usually for illness
- “Wait” period 4-8-13-26 weeks
- “Payment” period is return to work, 2 years, 5 years or 65 years old
- Monthly payment up to 75% of an amount chosen by me
- Premiums are 100% tax deductible, but income is 100% assessable
Life Insurance
- Chosen lump sum amount to be paid out in case of death or terminal illness
- Usually covers most causes of death
- Provides immediate cashflow requirements (living and debt) together with family life (study, house) and long-term help
- Indexed to protect buying power
- No cash or surrender value
- Premiums need to be kept up to date
- Requires evidence of health assessment
Mortgage Insurance
- Cover my mortgage repayments if I have an accident, illness (including terminal) or death occurs
- Usually includes repayment (chosen period of repayments) and life cover (balance of mortgage)
- Wait Period is “4 weeks”
- Payment period is 2 years, 5 years or term of the mortgage
Medical Insurance
- Quick diagnosis and treatment to return to work quickly
- Public system provides solution but is it quick enough
- To help cover major medical costs including specialist testing and diagnosis
- Access to private hospital treatment
- There is a pre-approval requirement
Asset Insurance
- Vehicle Insurance
- Equipment Insurance
- Clinic Insurance
Liability Insurance
- NZCOM membership includes liability insurance cover
- Professional Indemnity Insurance
- Public Liability
- Covers legal defence costs and awards to affected parties but not fines or penalties
- Significant savings of $2000 per annum and lower excess
Insurance Tips
- Talk to an insurance broker
- Check out all the options to reduce premiums
- include choosing a higher excess
- a longer waiting period
- a shorter policy term
- Shop around and compare
- Buy only what’s needed
- Self-insure
- Look after myself and stay healthy
- Understand the value. Cutting costs is important, but it’s not all about premiums and price. What do I get for my money?
- As my circumstances change it is important to review my level of cover to make sure I am not under or over-insured