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Author bio Sally Joseph, MTAX, BTAX (Merit), University of New South
Wales; MCOM, University of Southern Queensland; CPA; FTIA; ACIS Ms Joseph conducts a taxation strategy consultancy
providing services to business. Ms
Joseph has been involved as an adviser and analyst in a wide range of taxation
and business procedural issues and has authored numerous articles on taxation
issues in Australia for the financial services and insurance industries. Prior to establishing her firm, Ms Joseph held senior management accounting and tax related positions in businesses in Australia and South Africa. An internationally qualified company secretary and CPA, Ms Joseph was awarded the UNSW/Commissioner of Taxation medal in 1998 and is currently gaining her legal qualifications. Chapter 1Introduction
Am I a small business? What are my alternatives…how do I ascertain what I
am…when is my business considered to be medium or large…am I a business at
all…what are my legal obligations? These are the issues that are addressed in this book.
The ultimate goal is to provide you with the tools in understanding your
situation and thereby reduce your risk of non-compliance with the law. What is a small business?
Is it based on the number of employees that I have?
Is it based on annual turnover? Is
it determined by how much profit I make or what assets I hold?
What if I don’t make any profit? There is no one single factor used by all legal regimes or
even within these regimes. Take
taxation for example – different criteria apply for income tax compared with
goods and services tax which is again different from payroll tax.
The following table illustrates the confusion that arises. The aim of this book is to assist you in working through
the maze of information produced so that a decision can be readily made. For largely practical reasons, non-profit organisations and
non-residents are excluded. Generally only single or simple business structures
entities are considered. This is
because small businesses generally do not have complex structures.
Therefore this book does not cover issues peculiar to complex types of
businesses. This first edition covers corporations law, privacy law and
workers’ compensation. The
developments with respect to small businesses in trade practices law and
employment law are mentioned. Also covered are the various taxation laws, namely
income tax (incorporating capital gains tax), fringe benefits tax, goods and
services tax and payroll tax. The
dichotomy on the employee-contractor issue is covered separately. As the law develops in these and other areas (such as
employment), this book will be updated accordingly. Important
notice This
guideline is designed to give you basic information; it does not cover the whole
of the legislations referred to and is not a substitute for professional advice.
Moreover, because it avoids legal language wherever possible there may be
generalisations about the application of the legislations. Some of the
provisions referred to have exceptions or important qualifications. In most
cases the particular circumstances of the situation need to be taken into
account when determining the application of the legislations to that situation. |
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