Small Business Taxation & Tax Tips

Voluntary Redundancy: A Strategic Guide For Business Owners

three business women meeting

“The secret of change is to focus all your energy not on fighting the old, but on building the new.” – Socrates

In today’s fast-moving business world, evolution is the only constant.

Whether driven by technology, shifting market demands, or restructuring, business owners must make tough decisions that balance growth, cost-efficiency, and people. One of those decisions? Offering voluntary redundancy.

While it may sound like a bureaucratic HR term, the voluntary redundancy process is a valuable, often underutilised tool for business leaders seeking to reshape their workforce strategically, ethically, and with minimal legal risk.

What Is Redundancy?

Redundancy occurs when a business no longer requires a particular role to be performed. It can happen for many reasons – technological innovation, relocation, product realignment, a drop in demand, or a broader restructuring.

Under the National Employment Standards (NES), employees whose roles are made redundant may be entitled to redundancy payments and notice periods, which vary by industry and tenure.

Example: Standard Clerical Role

For an employee with more than two years’ service, redundancy pay may include six weeks’ pay plus two weeks’ notice.

For more details on entitlements, check the Fair Work Ombudsman.

two people shaking hands agreeing on redundancy pay

What Is Voluntary Redundancy?

Voluntary redundancy is when a company offers employees the opportunity to resign in exchange for a financial incentive – typically a voluntary redundancy payment.

The voluntary redundancy package may include a severance package with payment for unused leave and additional benefits.

This differs from forced redundancy. Here, employees can choose to leave. From an employer’s standpoint, it’s a proactive way to reduce headcount with lower legal risk and, potentially, better morale outcomes.

Employees who accept voluntary redundancy usually sign an agreement waiving future claims. This can protect businesses from post-exit disputes – an important consideration when reducing staff under sensitive circumstances.

man working laptop to pay tax

Why Consider Offering Voluntary Redundancy?

For employers – particularly growth-focused SMEs and high-net-worth individuals overseeing restructuring – offering voluntary redundancy can:

  • Reduce legal and reputational risk: Less exposure to unfair dismissal claims.

  • Maintain team morale: Employees appreciate being offered choice.

  • Target disengagement: Often those nearing retirement or considering a career change opt in.

  • Retain control: You can reserve the right to decline applications to safeguard key staff.

Not all employees are equal in talent and work ethic, and indiscriminately offering voluntary redundancy could lead to the loss of key staff that are vital for the business’s success.

Caution: A blanket offer can backfire. If your best people take the package and exit, productivity and strategic direction can suffer. Selectivity and a clearly communicated process are essential.

How the Voluntary Redundancy Process Works

If your organisation is considering downsizing or restructuring, here’s how to manage a voluntary redundancy process:

1. Plan Strategically

Assess your business structure. Identify roles – not individuals – that may no longer be required. Voluntary redundancy should always relate to the role, not performance.

2. Communicate Transparently

Be clear about the reasons for the offer – whether it’s market pressures, financial constraints, or operational streamlining. A transparent approach builds trust.

3. Make the Offer

Eligible employees are invited to apply for voluntary redundancy. Offers should align with registered agreements, enterprise agreements, or industry-specific awards.

4. Evaluate Applications

Ensure business continuity by carefully assessing each application. Declining some applications – where business needs demand – is not only permitted but encouraged.

5. Finalise Agreements

Document everything. Secure legal waivers and ensure employees understand their entitlements, including how tax applies.

Who Is Not Entitled to Redundancy Pay?

Certain employees may be excluded from redundancy entitlements under the Fair Work Act:

  • Those with less than 12 months’ service

  • Casual workers

  • Apprentices and trainees

  • Employees on fixed-term contracts

  • Workers dismissed for disciplinary or inefficiency reasons

  • Employees of small businesses (fewer than 15 employees), although exceptions exist in some awards

Voluntary Redundancy vs Genuine Redundancy

This distinction matters – especially at tax time.

A genuine redundancy is when an employee’s position is no longer required due to business changes, and the employee isn’t being replaced. This is the scenario where redundancy payments may be tax-free up to a threshold. A voluntary redundancy offered by a business is a genuine redundancy.

Non-genuine redundancy payments are generally taxed at a lower rate compared to normal income.

A non-genuine redundancy occurs when as an  employee:

  • your dismissal is because you reach normal retirement age

  • you’re age pension age or older on the day of dismissal

  • you’re leaving voluntarily with no formal offer .

  • you’re leaving on termination of your contract

  • your dismissal is for disciplinary or inefficiency reasons.

Employees must consider the taxes they pay on both genuine and non-genuine redundancy.

How Redundancy Payments Are Taxed

In 2024/25, the tax-free threshold for a genuine redundancy payment is:

  • $12,524 plus

  • $6,264 per completed year of service

Anything above this is treated as an Employment Termination Payment (ETP) and taxed at concessional rates, depending on the employee’s age and the amount received.

Be sure to distinguish clearly between a voluntary redundancy payment that qualifies as a genuine redundancy – and one that doesn’t. This has implications for both the employee and the business from a tax and compliance perspective.

For detailed guidance, visit the ATO’s page on redundancy.

A Word on Morale and Organisational Culture

Downsizing, even when handled well, can be an emotional process. Offering voluntary redundancy – paired with outplacement services or support – helps preserve your company’s reputation and employee goodwill.

As a business owner, remember: the impact isn’t just financial. The remaining team will watch closely how leadership handles transitions.

Final Thoughts: A Case of Strategic Restructuring

Let’s say your mid-sized manufacturing firm in NSW is facing margin pressure from overseas competitors. You’re not ready to fully automate, but you do need to streamline operations. You decide to offer voluntary redundancy to the least in-demand production roles – some of which are approaching natural attrition.

You carefully assess which roles are truly redundant, calculate redundancy entitlements, offer generous support (like financial planning sessions), and retain discretion over approvals.

The result? You reduce headcount without conflict, retain core talent, and maintain morale – setting your business up for a leaner, more focused next chapter.

If your business is considering restructuring or exploring workforce changes, make sure you get it right the first time. You don’t have to navigate the process alone.

Talk to Bishop Collins – we can help ensure your voluntary redundancy process is tax-efficient, and strategically aligned with your goals. You will also need to obtain Legal Advice on the process which we can help to facilitate.

Financial & Retirement Planning

Retirement Number: How Much Do Business Owners Need?

Two business owners walking down the beach in their retirement.

Phillip Smith profile

Phillip Smith Guest Author

Managing Director | Financial Advisor @ Bishop Collins Wealth Solutions

Authorised Representative number 000252870 of Count Financial Limited

“The best way to predict the future is to create it.” – Peter Drucker

As a business owner, you’re used to planning for the future, whether it’s expanding your business, managing cash flow, or investing in new opportunities. But how much thought have you given to your own retirement?

Calculating how much you need to retire is a crucial step in ensuring you can enjoy the fruits of your hard work without financial stress. This guide will walk you through the process, tailored specifically for business owners.

Why Retirement Planning is Different for Business Owners

Retirement planning for business owners is unique.

Unlike salaried employees who rely on superannuation and savings, business owners often have their wealth tied up in their business.

This means your retirement plan needs to consider how to convert business assets into retirement income, manage tax implications, and ensure a smooth transition of ownership.

Business Owners Average Retirement Age and Planning

According to the Australian Tax Office’s SMSF quarterly statistical report (December 2023), the average retirement age in Australia is around 65 years.

However, many business owners often delay retirement beyond this age due to the complexities involved in transitioning their business.

The report highlights a significant gap between the desired retirement age and the actual age of retirement, often influenced by financial readiness and business succession planning.

It’s crucial for business owners to start their retirement planning early to bridge this gap and ensure a smooth transition when the time comes.

Steps to Calculate How Much You Need to Retire

1. Determine Your Retirement Goals

Begin by envisioning your retirement lifestyle. Do you plan to travel? Maintain a certain standard of living? Do you anticipate living a modest or comfortable lifestyle? Support family members? Your goals will significantly impact your retirement number.

Example: John, a 55-year-old business owner, plans to retire at 65. He wants to travel internationally twice a year, maintain his current lifestyle, and support his grandchildren’s education.

2. Estimate Annual Retirement Expenses

List your expected annual expenses in retirement, including living costs, travel, healthcare, and leisure activities. This will help you understand how much money you’ll need to retire.

Remember to account for inflation, typically around 2-3% annually.

For example:

Expense Category Annual Cost (Current) Annual Cost (Retirement)
Living Costs $60,000 $80,000
Travel $10,000 $20,000
Healthcare $5,000 $7,000
Leisure Activities $5,000 $10,000
Total $80,000 $117,000

3. Calculate Your Retirement Income Sources

Identify all possible income sources during retirement, including superannuation, investments, rental income, and the sale of your business. This will help you to determine how much income you can expect when you retire.

Example: John expects the following annual retirement income:

  • Superannuation: $30,000
  • Investments: $20,000
  • Rental Income: $15,000
  • Sale of Business: To be determined

4. Determine the Value of Your Business

Evaluating your business is critical. Consider hiring a professional valuer to get an accurate assessment. This value will form a significant part of your retirement fund.

Example: John’s business is valued at $600,000. After selling it, he plans to invest the proceeds to generate an annual income.

5. Calculate the Retirement Gap

Subtract your expected retirement annual income from your estimated expenses to determine the retirement gap.

For example:

Annual Retirement Expenses $117,000
Annual Retirement Income $65,000
Retirement Gap -$52,000

6. Determine the Retirement Number

Calculate how much you need to save or invest to cover the retirement gap. A common rule of thumb is the 4% rule, which suggests withdrawing 4% of your retirement savings annually. Multiply the retirement gap by 25 to get your retirement number.

Example: John’s Retirement Gap: $52,000 Retirement Number: $52,000 * 25 = $1,300,000

John needs to ensure he has $1,300,000 in savings or investments to generate $52,000 annually.

Tax Considerations for Business Owners

office desk, man, business owner considering his tax contributions during retirement

The Australian Tax Office (ATO) provides several guidelines and concessions for small business owners planning their retirement. Here are a few key considerations:

  • Small Business CGT Concessions: These concessions can significantly reduce the capital gains tax when selling your business. Consult the ATO website for detailed information and eligibility criteria or get in contact with one of the Bishop Collins team to discuss your personal circumstances.
  • Superannuation Contributions: Consider making additional contributions to your superannuation fund to boost your retirement savings. The ATO allows concessional contributions, which are taxed at a lower rate.
  • Investment Strategies: Diversify your investments to include tax-efficient options such as dividend-paying stocks, managed funds, or real estate.

Optimising Tax with a Self-Managed Super Fund (SMSF)

Starting early with a Self-Managed Super Fund (SMSF) can significantly optimise your tax and enhance your retirement savings.

An SMSF offers greater control over your investment choices and the potential for substantial tax benefits. For instance, contributions to an SMSF are taxed at a concessional rate, and earnings within the fund can benefit from reduced tax rates, especially in the pension phase.

By strategically managing your SMSF, you can minimise your tax liabilities and maximise your retirement savings.

At Bishop Collins, we can help you set up and manage an SMSF tailored to your specific needs, ensuring you leverage all available benefits for retirement planning. Contact our team today to explore how an SMSF can be a pivotal part of your retirement plan.

Retirement Planning Timing and Structure

Timing the sale of your business and structuring your assets efficiently is crucial for tax optimisation and maximising retirement income.

Plan the sale during a high market period and consider using family trusts or self-managed super funds (SMSFs) to manage and distribute your assets.

Avoid Common Mistakes

1. Underestimating Expenses

Ensure you accurately estimate your retirement expenses. Consider healthcare costs, travel, and unexpected expenses.

2. Overlooking Tax Implications

Understand the tax consequences of selling your business and other income sources. Consult with a tax professional to minimise liabilities and optimise your tax contributions.

3. Delaying Retirement Planning

Start planning early to maximise your savings and investment growth. The earlier you start, the more time your investments have to grow.

Start Planning Early

Calculating your retirement number is a critical step in securing your financial future. As a business owner, your retirement plan requires careful consideration and strategic planning. At Bishop Collins, we specialise in helping business owners navigate retirement planning, ensuring a smooth transition and maximising your retirement income.

Don’t leave your retirement to chance. Contact our team today to discuss your retirement goals and create a personalised plan tailored to your needs.

You’re not alone in business, and you’re not alone in planning for your future.

Let Bishop Collins guide you to your version of success.

Hunter Financial is an authorised representative of Count Financial Limited ABN 19 001 974 625 holder of Australian financial services licence number 227232 (“Count”). Count is owned by Count Limited ABN 111 26 990 832 of GPO Box 1453, Sydney NSW 2001. Count Limited is listed on the Australian Stock Exchange.

General advice warning: The advice provided is general advice only. In preparing it we did not take into account your investment objectives, financial situation or particular needs. Before making an investment decision on the basis of this advice, you should consider how appropriate the advice is to your particular investment needs, and objectives. You should also consider the relevant Product Disclosure Statement before making any decision relating to a financial product.

Fraud Prevention

Uncovering Fraud: Case Studies in Financial Investigation

Businessman in handcuffs

Fraud is a global issue, impacting stakeholders beyond financial losses and reputational damage — which is where a fraud audit comes into play. It is important now, more than ever, to understand the dangers and ramifications of fraud. Fraud is capable of wreaking havoc on businesses, investors, employees, and entire industries. We’ll seek to understand some of the most notorious and insidious fraud schemes, delve into how these were identified and provide strategies and best practices to prevent fraud affecting your organisation.

What is Fraud?

Conceptually, fraud is any activity that relies on deception in order to achieve a gain. Black’s Law Dictionary states that fraud becomes a crime when it is a “knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment”. Interestingly, akin to the layers of an onion, fraud extends through layers including:

  • Initiation, where motives and opportunities give rise to the dishonest event or conduct. The recipe for fraud to be committed is referred to as the ‘fraud triangle’. You can read more about the ‘fraud triangle’ here.
  • Escalation, where the perpetrator actively conceals their actions to avoid detection. The concealment tactics can include manipulating records, social media or fictitious accounts, and even crafting opaque legal documents, and finally
  • Discovery, where the red flags point to issues requiring investigation and ultimately unmasking the fraud. You can read about potiential red flags here.

The importance of detecting and addressing fraud, with tactics such as an internal or fraud audit, in a timely manner to minimise its impact on stakeholders cannot be overemphasised. You can read about the statistics and financial losses relating to fraud, along with fraud red flags, here.

male silhouette crime board

Some Of The Most Infamous Fraud Cases

The history of financial crime is marked by some infamous fraud cases that have shocked the world. These instances highlight the critical role of fraud audits in detecting and preventing deceptive practices.

This section will introduce some of the most notorious fraud schemes, serving as a prelude to deeper discussions on the subject. As we explore these cases, we will uncover the impact they had on their victims and industries.

The Enron Scandal

One of the most infamous cases of corporate fraud in history is Enron. Initially involved in natural gas transmission, Enron later transitioned into trading energy derivative contracts, fostering a culture of intense competition and deceptive accounting practices.

The energy company concealed massive debts from its balance sheet, resulting in catastrophic financial losses. Shareholders lost $74 billion, while thousands of employees and investors lost their retirement accounts. Many employees were left jobless.

The scandal was exposed when a whistleblower, suspicious of the company’s unusually high stock prices, revealed the fraudulent activities.

Lehman Brothers

The exploitation of loopholes in the semantics and application of accounting standards, along with an imagination stretching beyond the realms of the Disney Corporation or Pixar, allowed the financial services firm to sell toxic assets disguised as sales when in fact these were loans.

Unsurprisingly, the loans ultimately required repayment. The scandal was exposed in September 2008 when Lehman Brothers filed for bankruptcy – over US$600 billion.

Bernie Madoff’s Ponzi Scheme

The same year as the Lehman Brothers scandal came to light was this fraud, orchestrated by the American financier, who promised unusually consistent annual returns of around 10%.

In fact, Madoff and his accountants paid investors returns out of their money, or that of incoming investors, rather than profits. Through this scheme, Madoff defrauded investors more than an estimated US$60 billion.

Madoff and his accountants received hefty prison sentences. The scheme came to light following several warnings and reports from a whistleblower.

WorldCom

The WorldCom fiasco, perpetrated by a telecommunications company, is another prime example of corporate fraud. Worldcom inflated its assets by approximately $11 billion and recorded false accounting entries to increase revenues presented to the market.

The impacts were devastating, resulting in thousands of employees losing their jobs, investors suffering substantial financial losses and ultimately one of the largest bankruptcy filings in history.

The CEO was sentenced to 25 years in prison. A corporate whistleblower was the one to thank for bringing this to the attention of the auditors and board of directors.

Male phone insider info

Case studies in other companies and sectors

The following cases and examples emphasise the importance of transparency and accountability in the corporate world. For all organisations, large and small, the examples serve to demonstrate the significance of fraud awareness, as well as the need for robust internal controls, ethical culture, documented policies and procedures — and regular fraud audits to ensure the accuracy of financial reporting.

Misappropriation By Finance Manager

The finance manager of a large organisation was alleged to have misappropriated over $1 million from the organisation through cheque and expense payment fraud.

An investigation ascertained the amounts had been disguised through misstatement of accounts, liabilities not being recorded and falsifying supplier records. Inadequate segregation of duties and the compromising of bank signatories facilitated the fraud to occur.

Sales Commission Fraud

A retail organisation was concerned about the high outstanding debtor balances in the accounts receivable at year end. This was during a period with some of the worst weather on record. For this organisation, sales ordinarily were a product of good weather.

Enquiries made to some of the debtors identified a number of suspicious sales transactions which were denied by the debtors. Further investigation revealed a number of significant “credit notes” for the alleged sales.

It became apparent one sales manager had created fraudulent sales in order to generate fraudulent commission payments to themselves.

Digital fraud protection art

Inventory And Revenue Fraud

An electronics manufacturer saw the surprise resignation of its finance officer during a review into “credit returns”.

Further investigation established a significant proportion of sales invoiced to suspect suppliers had been falsely created, allowing the misappropriation of inventory from the warehouse by an accomplice working in the warehouse. The inventory had been sold privately with the proceeds being shared between the pair.

Corporate Espionage

An information technology company grew increasingly concerned following an increase in customer turnover. A formal customer exit interview was conducted, which led to a further internal review of current and terminated employees.
It was identified that a manager, who had recently resigned, had obtained access to a confidential database of clients, hardware and software support, and price lists.
The (former) manager saw the opportunity to target the organisation’s customers and offer cheaper prices. Accordingly, they established a separate business and set up in direct competition with their company.

Tips to Prevent and Combat Fraud

Fraud prevention and fraud detection are two separate, but interdependent, processes. Fraud prevention encompasses the systems, procedures, and policies organisations employ to prevent fraud.

Fraud detection on the other hand is monitoring transactions and performance to identify and respond to fraudulent activity after it has occurred. Prevention is better than cure, and you presumably don’t want your business to be the next victim of fraud, front page news article or online case study (*blushes*).

Fraud prevention strategies include:

  • Establish and promulgate the tone at the top: Tone at the top refers to the ethical atmosphere that is created by the organisation’s leadership. The Board and management has to lead by example and actions. These actions should include rewarding ethical behaviour while punishing unethical actions. There should be sanctions for engaging in, tolerating, or condoning improper conduct.
  • Establish a code of ethics: Organisations should produce a clear statement of management philosophy. It should include concise compliance standards that are consistent with management’s ethics policy relevant to business operations.
  • Establishing robust internal controls: This includes strong preventive controls such as segregation of duties, passwords and authentication, restricted access and custody, and ensuring no-one person controls end-to-end processes. This includes assigning appropriate authority and responsibility to functions and processes.
  • Education and training: Regular tailored training and education programs can help staff learn to recognise red flags and understand fraud prevention and detection best practices. Employees should know what to do if they detect suspicious activity or potential fraud and how to report it.
  • Establish a whistleblower policy: Companies should establish and communicate a whistleblower protection policy to allow employees to come forward and report misconduct in the workplace. This policy should allow employees to report or seek guidance regarding actual or potential criminal conduct by others within the organisation while retaining anonymity or confidentiality, without fear of retaliation.
  • Implement a confidential hotline: More frauds are detected by tip-off than any other means. Hotlines have proved to be a very effective reporting mechanism for stakeholders to call and confidentially report suspicious fraudulent activity. This also bolsters the ethical environment promoted by the organisation’s leadership.
  • Conduct regular audits and internal reviews: Regular audits and reviews prevent fraud and helps organisations maintain better control over their operations.

Person performing fraud checks manually

Protect Yourself From Fraud With an Audit

A strong ethical culture, regular training and awareness, carefully designed and effectively operating internal control environment and ongoing internal and external audit activity offers the greatest preventative protection for your business against fraud. We should all be striving to “do the right thing” as this starts at the top.
For an obligation-free chat, get in touch with the Bishop Collins Audit team. We can assist you with audit and assurance services, during which our experts will provide advice and guidance on how to protect your business against fraud, or how to deal with any fraudulent activity you suspect.

If you’re interested in learning more about internal and external audit, fraud risk management, and awareness training, get in touch with us for an obligation-free chat or simply call us on (02) 4314 8020.

FAQ’s

What is the Boards Exposure to Identified Business Fraud

What is the board’s liability /exposure to identified business fraud?

Corporate criminal laws are being revised and strengthened across the globe to respond to the development of sophisticated fraud schemes, advancements in technology facilitating these schemes, and in the wake of corporate collapses arising from business fraud. Fraud schemes range from the simple to the complex in terms of how these are perpetrated and can take many forms. Whether this be internal or external fraud, ranging from asset misappropriation and embezzlement, through to cyber attacks and supplier or customer fraud, the cost on your business can be significant.

You can read about internal and external fraud here.

Core Principles owed to Corporate Entities

To understand the board’s potential liability to identify business fraud, we must give consideration to fundamental principles relating to directors and their obligations to a company. This includes understanding the concept of the “corporate veil” – that is, the legal distinction between a corporation and its shareholders, directors, and officers.

This principle establishes that a company is a separate legal entity from its owners, thus protecting them from personal liability for the company’s debts and obligations. Conceptually, the “corporate shield” protects directors’ personal assets from business-related risks and liabilities.

For companies incorporated and operating in Australia, directors and officeholders owe strict duties and obligations to the company. These obligations, often referred to as fiduciary duties, are derived from common law, equity and statute. The four main legal duties based on general law and statute are to:

  1. Act in good faith and for a proper purpose
  2. Act with reasonable care, skill and diligence
  3. Not to improperly use information or position
  4. Disclose and manage conflicts of interest

Hands around glowing digital padlock

What about Charities and NFPs?

Importantly, for charities and not-for-profits, including those incorporated associations and those registered with the Australian Charities and Not-for-Profit Commission (ACNC), the directors or committee members are obliged under the governance standards and held to the same level of responsibility and accountability.
These duties, summarised below, are extracted from ACNC Governance Standards 5: Duties of Responsible Persons:

  • To act with reasonable care and diligence;
  • To act honestly and fairly in the best interests of the charity and for its charitable purposes;
  • Not to misuse their position or information they gain as a responsible person;
  • To disclose conflicts of interest;
  • To ensure that the financial affairs of the charity are managed responsibly; and
  • Not to allow the charity to operate while it is insolvent.

When the “Horrible” Happens

When a business fraud occurs, the spotlight is inevitably turned to the directors and officers of the company. The questions asked include:

  • What did the directors and other officers do to minimise the risk of organisational fraud occurring?
  • Can the directors and other officers be held personally liable for what has occurred?
  • Can those directors and other officers demonstrate that they have adequately discharged their duties when the organisation falls victim to fraud?

Strategies to Reduce Personal Liability from Business Fraud

As they say, prevention is better than cure. From the onset, an organisation is best placed to mitigate fraud occurring through measures including:

  • Promoting a strong ethical corporate culture and “tone at the top”;
  • Implementing a carefully designed and effectively operating internal control environment;
  • Ensuring there are documented policies, procedures and protocols bolstered with ongoing training and awareness;

Establishing a Framework for Managing Fraud Risks

It is crucial for organisations to have checks and balances in place to identify and prevent fraud. You can read about ‘recognising the red flags’ and obtain practical suggestions to combat business fraud here. Other advisable measures for directors and office holders includes deeds of indemnity and insurance.

Understanding Deeds of Indemnity

A deed of indemnity is a contractual agreement between a company and a company director. A deed of indemnity can help to indemnify a director against liabilities or legal costs incurred in his or her professional capacity as a director of the company.

It also commonly deals with matters such as access to documents and insurance. Importantly, the indemnity and insurance clauses detail specifically:

  1. The company’s indemnity in favour of the director (including the rights and obligations of the parties in the event that a party seeks to rely on the indemnity), and
  2. Each parties’ rights and obligations in relation to directors’ and officers’ (D&O) liability insurance which can include the type and term of insurance cover to be maintained, respectively.

It is preferable for a dirctor to enter into a separate deed with the company to provide protection for a director, particularly for that period of time after they cease serving as a director of the company. The scope of each deed of indemnity will depend on the position agreed by the company and the director.

It is prudent for the director to obtain independent legal advice before entering the deed of indemnity

Exploring D&O Insurance

Directors and officers (D&O) insurance indemnifies a director for liabilities incurred in the role of director. It is similar to a deed of indemnity but provides important additional protection where the company:

  • is legally prohibited from indemnifying a director;
  • decides not to indemnify a director; and/or
  • is unable to indemnify a director because, for example, it is insolvent.

D&O insurance offers additional benefits such as continuity of cover (after a director ceases holding office) and clarity regarding the ongoing rights and obligations of the directors and the company.

There are new and emerging risks that can lead to legal actions and claims, including allegations and instances of business fraud, breach of privacy, environmental liability, employment practice liability, and other disclosure and regulatory issues.

Directors and officers should consider their personal risk appetite to ensure any material business risks are captured in the relevant deed of indemnity and insurance policy.

A Word of Caution

As noted earlier, the concept of the “corporate veil” can potentially be “lifted” (or figuratively “pierced”) ultimately reducing or eliminating the protections afforded by the corporate shield to directors’ personal assets being exposed to business-related risks and liabilities.

Directors can be personally exposed in circumstances including:

  1. Breaches in fiduciary duties: This includes not acting in the best interests of the company, not managing material conflicts of interest, failing to exercise their powers and discharge their duties in good faith, or intentional dishonesty.
  2. Fraud: If a director uses the company for fraudulent purposes, they can be personally liable for the company’s liabilities.
  3. Insolvent Trading: Directors can be personally liable if they allow the business to incur debt while insolvent.
  4. Avoiding Legal Obligations: If a director uses the corporate structure to avoid legal responsibilities, courts may lift the veil to hold them personally accountable. This includes illegal phoenix activity.
  5. Statutory Regimes: Various laws, including the Corporations Act 2001, Australian Consumer Law, and Tax Administration Act 1953, can impose personal liability on directors for specific violations.
  6. Personal Guarantees: Directors or shareholders may voluntarily accept personal liability for business debts.

hands shielding paper family and home

Safeguard Against Personal Liability Due to Business Fraud

A strong ethical culture, carefully designed and effectively operating internal control environment and ongoing internal and external audit activity offers the greatest preventative protection for your business against fraud. Obtaining relevant indemnities and insurance policies offers directors additional defensive protection in the event of an allegation or instance of business fraud. 

For an obligation-free chat, get in touch with the Bishop Collins Audit team. We can assist you with audit and assurance services, during which our experts will provide advice and guidance on how to protect your business against fraud, or how to deal with any fraudulent activity you suspect.

If you’re interested in learning more about internal and external audit, fraud risk management, and awareness training, get in touch with us for an obligation-free chat or simply call us on (02) 4314 8020.

Fraud Prevention

Recognising the Red Flags: Signs of Employee Embezzlement

Man holding piggy bank behind his bank

In our complex and sophisticated business environment, fraud is an ongoing risk and concern for businesses. New scams and patterns emerge as new opportunities present themselves and fraudsters find ways around detection and prevention measures.

However, there are known fraud schemes that occur again and again, across different geographies, business types, and industry sectors. These schemes are often simple, but the impact on your business can be significant. Sadly, these fraud schemes are most often perpetrated internally by the organisation. These cases are known as internal fraud, the most common type of which is embezzlement.

At Bishop Collins, we specialise in audit and assurance services designed to protect your business against internal and external fraud. This guide will explore what embezzlement entails, red flags to watch out for, and strategies you can use to help combat internal fraud in your organisation.

Internal vs External Fraud

Business fraud can occur internally and externally in an organisation. Internal fraud is any criminal act committed by someone associated with a business. This could be a staff member, a member of management or a member of governance. For example, an employee making deposits into their account or paying personal expenses on the corporate account.

External fraud is committed against an organisation from the outside. This might be technological threats courtesy of hackers, suppliers who lie about the work they did or services provided, and sadly, customers who attempt to return imitated or stolen products.

Point of sale fraud by an employee

Types of Internal Fraud

Internal, or occupational, fraud generally falls into three categories:

  • Asset misappropriation: Involves an employee stealing or misusing the employer’s resources.
  • Financial statement fraud schemes: Where the perpetrator intentionally causes a material misstatement or omission in the organisation’s financial statements.
  • Corruption: This includes offences such as bribery, conflicts of interest, and extortion.

In this article, we’ll focus on the widespread issue of embezzlement as a main type of asset misappropriation fraud. This type of internal fraud is also known as occupational fraud.

Asset Misappropriation Fraud: The Prevalence of Embezzlement

Embezzlement is among the most damaging types of asset misappropriation fraud businesses face. Employees can exploit their position within a company to commit acts of theft which, in many cases, goes undetected for long periods.

Embezzlement usually falls within two distinct categories: physical cash (including receipts or disbursements) and inventory or other assets.

Physical Cash, such as petty cash, can be simply taken by a perpetrator. Cash receipts fraud includes taking amounts received from customers which should, ordinarily, be banked. This includes schemes such as ‘skimming’ and cash larceny.

Disbursement fraud is becoming more commonplace in our technologically connected and complex business environment. This includes billing schemes, payroll schemes, expense reimbursement schemes, payment tampering, and register (or point-of-sale) disbursements.

Inventory and other assets frauds involve the misuse of employer assets as well as larceny. Larceny of other assets includes asset requisitions and transfers, fabricated sales and shipping, and purchasing and receiving schemes.

Embezzlement vs Larceny

Interestingly, there are subtle legal differences between embezzlement and larceny. These differences depend on the jurisdiction of the offence that occurred (as well as the specific circumstances).

In broad terms, the main difference is based on who had possession of the asset when it was taken. If the property was in the possession of the perpetrator, then it would be treated as embezzlement. If the asset was taken when in possession of the employer, however, then the matter will potentially be treated as larceny.

Who is at Risk of Internal Fraud?

All organisations have a susceptibility to internal and external fraud. Businesses with fewer than 100 employees are at much higher risk for employee fraud and embezzlement than larger corporations are.

Moreover, organisations with the fewest employees have a higher median loss in employee fraud cases. Small businesses also struggle more heavily to recover from these losses compared with larger businesses.

Fraud arising from dishonest behaviour not only undermines profits, operating efficiencies and reliability, but it can also severely damage an organisation’s reputation.

Employee reviewing financial documents

How Does Internal Fraud Occur?

In nearly 50% of internal fraud that occurs, the opportunity for fraud to be perpetrated was a result of either inadequate internal controls or internal controls simply being bypassed.

Interestingly, there is an inverse relationship between the internal control weakness and the character of the perpetrator. For example, employees perpetrating fraud do so through a lack of internal control or override of existing controls.

In contrast, executives largely override existing controls or there is an inadequate ethical culture (i.e. ‘tone at the top’) rather than there being a lack of internal control. For executives, it’s often their level of influence, authority and access within an organisation that affects how they can perpetrate fraud in this manner.

Unsurprisingly, the frequency of embezzlements committed by executives was less than by employees; although the financial loss incurred was markedly greater by about six times.

The Red Flags of Embezzlement

When a person is engaged in internal fraud, particularly embezzlement, that person will often display certain behavioural traits that tend to be associated with fraudulent conduct. It’s important to watch out for these red flags in efforts to identify, manage, and ultimately prevent employee fraud from occurring at your workplace.

Organisations with potentially greater exposure to internal fraud might have employees exhibiting the following characteristics, at least one of which has been exhibited by over 80% of reported fraudsters:

  • Unwilling to share duties, or avoid having others assist or relieve them.
  • Work long hours, including returning to work after hours and days off (including weekends).
  • Resist taking annual, long service or sick leave.
  • Resign or leave suddenly.
  • Have a large number of void transactions, or conversely, have a low number of transactions.
  • Replacing existing suppliers with suppliers that they have a close connection with.
  • Refusal to implement, or adhere to, internal controls (e.g. skipping approvals, failing to keep appropriate or accurate records or receipts).
  • Are unusually or overly inquisitive about the company’s payment system, or seek access to areas which they should not be able to access.
  • Exhibiting financial hardship, such as always appearing unable to meet financial liabilities, or seeking loans and pay advances.
  • Having past legal and/or compliance problems.

In addition, employees engaging in embezzlement may start to exhibit other unusual behaviours or attitudes. Look out for people who seem to live a lifestyle above their means, or who start to lavish expensive gifts on their colleagues.

You might also see bullying of other employees, a fraudster being affected by significant personal stress, displaying a strong sense of entitlement, or simply being openly unhappy with their employer (such as complaints about pay or leave entitlements).

Human Resources conducting a staff check-in meeting

How You Can Combat Embezzlement

As we often say at Bishop Collins about issues like fraud, prevention is always better than a cure. Every process, especially those involving cash and assets, should have checks and balances in place to identify and prevent fraud.

Our experts offer practical tips on how to reduce the risk of internal fraud within your business, which can go a long way in safeguarding your assets, finances, and reputation.

Promote an Ethical Culture in Your Entity

This is often referred to as the ‘tone at the top’. A good ethical culture also includes having clear policies and protocols relating to fraud prevention and detection, embezzlement awareness training (including refresher training), conflicts of interest, related party transactions and secondary employment.

Establish Strong Human Resource Management

This includes employee screening, implementing an equitable remuneration system, and providing job descriptions that segregate duties. It can also be beneficial to provide adequate training and education for your employees in the areas of fraud detection and management.

It’s important to effectively communicate policies and expectations of compliance to your team so they understand the far-reaching negative effects of embezzlement, which goes a long way in deterring unwanted behaviours. Finally, ensure your company understands things like audit regimes and the consequences of non-compliance.

Separate Duties and Delegations

As the old saying goes, be wary of putting all your eggs in one basket. Having only one or two employees responsible for key areas of finances and reporting can be risky.

Instead, delegate various tasks to more people within the business to ensure an even, safer spread of responsibilities. This includes appropriate and independent management oversight as well as restricted thresholds for transaction processing.

Review and Update IT Accesses and Transaction Processing

Access privileges should be assigned with care and due diligence and make a note of who controls what. This is also referred to as access on a need-to-know basis.

You may also want to consider restricting access to transaction processing or placing dollar value limits on transactions. This can help to keep larger processing amounts away from potential fraudsters, reducing the risk of fraud temptation and occurrence.

Invest in Strong Security Measures

Oftentimes, embezzlement and internal fraud can be caught at the very first instance (or even, ideally, prevented due to recognising red flags) thanks to good quality security measures within a workplace.

Invest in physical security like safes, CCTV, and physical access restrictions to ensure the safety of your business assets.

It’s also a good idea to actively and regularly test existing internal controls and fraud countermeasures, which may involve security and other measures you implement in your organisation. Watch for gaps, failures, or anything that doesn’t have the desired effect, and make changes where necessary.

Actively Monitor Employee Functions and Leave

No company wants to be overbearing, but there is a way to actively and supportively monitor your employees’ movements without being ‘that boss’. Ensure you’re up to date with your staff members’ functions and leave balances by taking an active approach to management.

Consider regularly rotating staff in high-risk positions and establishing requirements for staff to take annual leave regularly. Check in with your team via routine meetings and progress reports, and take a vested interest in their wellbeing. This not only allows you to stay close to goings-on in the business but also positions you as an attentive boss – one who cares, and one who won’t miss potential embezzlement attempts.

Regularly Audit Your Business

Regular accounts auditing is one of the most effective ways to spot anomalies that could signal fraud is taking place. External audits are mandatorily required by many businesses, but others elect to undertake these voluntarily. An internal audit can also help identify anomalies and irregularities.

At Bishop Collins, we specialise in conducting audits for a wide range of organisations. If you require assistance with your audit, get in touch with our team.

Team members doing fraud awareness training

The Bottom Line: Develop a Fraud Risk Management Framework

A fraud risk management framework, encompassing internal and external audits, offers greater protection for a business against fraud. This kind of comprehensive fraud risk management encompasses awareness, prevention, and detection, making it a crucial prevention strategy to understand and recognise red flags.

The secret to creating a good fraud risk management framework lies in investing in regular fraud awareness education for your employees. These training sessions help educate your employees on what constitutes internal fraud, corruption, and employee misconduct, as well as the common red flags that are exhibited by those committing fraud.

Early detection, and encouraging employees to speak up and report concerns, allow your business to limit your losses due to internal fraud.

Protect Yourself Against Fraud With Bishop Collins

Internal fraud and embezzlement can come at a serious cost to your business, both financially and in terms of reputation. It’s something that can get out of hand very quickly if the proper safeguards are not in place.

Internal fraud management can seem daunting – with so many moving pieces and important strategy aspects to consider, it can feel like a full-time job. This is where the team at Bishop Collins can help.

We can chat through your concerns and pinpoint areas of improvement within your business, as well as conduct thorough audits and training to ensure you’re protected against embezzlement.

If you’re interested in learning more about internal and external audit, fraud risk management, and awareness training, get in touch with us for an obligation-free chat or simply call us on (02) 4353 2333.

Fraud Prevention

Unmasking the Culprits: Types of Fraudsters Your Audit Should Identify

handcuff resting on the word fraud printed on paper

The threat of fraud in a complex and sophisticated business environment is real. Financial systems become more complex over time to fulfil the quest for information from their owners.

Accordingly, opportunities are inherently created for fraudsters to thrive. For this reason, fraud is constantly evolving: new scams and patterns evolve as new opportunities emerge and fraudsters find ways around detection and prevention measures.

Still, many types of fraud and schemes occur again and again, across different geographies, business types, and industry sectors. In this blog, we’ll cover:

  • Internal fraud, including embezzlement and fraudulent payments, and
  • External fraud, such as hackers, supplier fraud, and customer fraud.

Let’s delve a little deeper into the most common types of fraudsters and how best to respond to them with internal or external audits to help protect you and your business.

Fraudsters From Within

Internal fraud is any criminal act committed by someone associated with a business. This could be a staff member, a member of management, or a member of governance. Also known as occupational fraud, this could look like an employee making deposits into their account, or paying personal expenses on the corporate account.

This type of internal fraud is also referred to as ‘occupational fraud’. It’s among the most damaging types of fraud businesses face since employees can exploit their position within a company to commit acts of theft and embezzlement. In many cases, this kind of fraud goes undetected for long periods.

To better understand internal fraud, we can categorise it into four distinct types.

newspaper with the headline white collar crooks

Embezzlement

Embezzlement is when someone connected to a business steals funds, typically money or amounts in the corporate bank account.

Importantly, embezzlement is not as straightforward as theft. This is because there is usually a manner in which the fraud is concealed in order to avoid detection.

Fraudulent Payments

Fraudulent payments fraud is when someone connected to a business establishes a payment to themselves or a third party.

Typically, this type of fraud takes three forms:

  • Invoice fraud: When an employee sets up fake invoices to pay themselves or a third party from the company’s accounts.
  • Wage fraud: When an employee creates ‘ghost employees’ on a company’s payroll, listing them as offering ‘third-party services’ when in reality they’re fake and the employee can access the monies paid.
  • Expenses fraud: When an employee manipulates expense documents, forging declarations and signatures to receive reimbursement for fabricated expense requests.

As you might expect, fraudulent payments are difficult to detect since they’re often carefully masterminded and concealed in genuine payment and invoice requests.

Data Violations

Data is one of the most valuable assets of a business, and data fraud is quickly becoming one of the biggest threats to modern companies. Certain major Australian companies may spring to mind when thinking about recent data breaches, some of which were nationwide, affecting millions of people and businesses.

Data theft by staff can potentially be on-sold or used as leverage, for instance, in a bribery scenario. Businesses face the risk of severe reputational damage when their data and assets are improperly used by current or outgoing employees.

In efforts to keep track of data breaches and respond to them swiftly, the Notifiable Data Breach (NDB) scheme was instated in 2018. The scheme dictates that data breaches occurring to Australian companies with an annual turnover of $3 million or more report such breaches to the Australian Information Commissioner (OAIC).

Financial Statement Fraud Schemes

Financial statement fraud schemes involve intentional actions by individuals to cause material misstatements or omissions in an organisation’s financial statements. These schemes are a form of white-collar crime where the perpetrating party manipulates financial records for personal gain or to deceive stakeholders.

The motives behind financial statement fraud can vary, ranging from inflating profits to meet financial targets, concealing poor performance, or attempting to boost stock prices. Perpetrators may employ various techniques, such as inflating revenues, understating expenses, or manipulating accounting entries to present a false financial picture.

This type of fraud can have severe consequences for investors, creditors, and other stakeholders, eroding trust and damaging the financial health of the affected organisation.

Responding to Internal Fraud

When it comes to internal fraud, prevention is better than cure. At Bishop Collins, we offer clients practical tips on how to reduce their risk of internal fraud – check them out below:

Segregation of Duties

It’s rarely a good idea to leave one person in charge of your business’ accounting and finances. Instead, split management between two or more parties to improve accountability and make things more difficult for would-be fraudsters.

We also recommend segregating the initiation, review, approval, recording, and disbursement functions between different roles to not only promote transparency and accountability but also to lessen the likelihood of collusion.

Review and Update Access Controls

Who has access to what systems and platforms within your business? Access privileges should be assigned with care and due diligence and make a note of who controls what. This is also referred to as access on a need-to-know basis.

Regularly Audit Your Accounts

Regular accounts auditing is one of the most effective ways to spot anomalies that could signal fraud is taking place.

External audits are mandatorily required by many businesses, but others elect to undertake these voluntarily. Importantly, an internal audit can also help identify anomalies and irregularities.

At Bishop Collins, we specialise in conducting industry-customised company audits to help you identify pain points and safeguard your company.

Screen Your Employees

Business owners need to vet all prospective employees to reduce the risk of falling victim to internal fraud. That means always following through on references, conducting background checks, reviewing social media, and a comprehensive interview process.

External Fraudsters

External fraud is when a business is the victim of someone outside of its organisation. We commonly hear of hackers sending phishing emails, suppliers who lie about the work they did or services provided, and sadly, customers who attempt to return imitated or stolen products.

We can categorise external fraudsters into three main types.

phone with a lock icon in front of computer code

Hackers

Unless you’ve been living under a rock, you will not need an introduction to hackers and the effect they have on businesses. Hackers target not only large, listed entities but also smaller enterprises and government agencies.

Recent examples include an Australian personal loan and financial service provider, affected by a data breach that impacted 14 million customers in Australia and New Zealand. The data breach was initiated after the credentials of an employee were stolen.

Similarly, a large telecommunications company and health insurance company fell victim to hackers through ineffective credential management of users and multi-factor authentication.

In both of these cases, the hackers sought a ransom from the companies that fell victim to the theft of customer data. For this reason, keeping up with strict and active cybersecurity efforts is paramount.

Supplier Fraud

Another type of fraudster from outside the business can be in the form of a supplier (vendor) to the business. This applies to new and existing suppliers of the business.

Vendor fraud is a type of malpractice used by fraudsters to scam a company’s accounts payable department into paying a vendor, or sometimes multiple vendors, for amounts not rightfully earned.

Sometimes, the fraudulent activity is orchestrated by a vendor acting alone. Other times, sadly, it is carried out with the assistance of an employee.

Supplier fraud takes many forms, some of the most common including:

  • Fictitious supplier: In this arrangement, an employee submits a payment request from a non-existent supplier or an actual supplier that never delivered any goods or services.
  • Duplicate invoice payments: This happens when an employee duplicates invoices from a legitimate vendor, with the plan of diverting payments to an account under their control.
  • Over-billing: An over-billing fraud scheme occurs when a vendor inflates the price or quantity of items on an invoice by adding items they never delivered or higher prices of delivered goods.
  • Bid-rigging: Bid rigging is a fraud scheme that involves a supplier offering compensation (or financial benefit) to an employee with a strong influence to secure a contract and supplier payment.
  • Price-fixing: Price-fixing happens when two or more vendors conspire to fix the cost of a contract at a price higher than normal. The business is left with no choice but to work with an inflated cost.

Customer Fraud

One of the most common types of fraudsters, and one you may have seen in day-to-day life, are customer fraudsters. When a customer returns an item to a business to get a refund or credit, this is referred to as return fraud.

Return fraud encompasses a variety of fraudulent return practices, such as wardrobing or renting, counterfeit returns, price tag flipping, and returning stolen goods.

  • When a buyer buys something with the idea of using it just once and then returning it for a refund, this is known as wardrobing or renting.
  • Exchanging price tags is considered as returning counterfeit goods while returning fake products falls under the returning counterfeit commodities category.
  • Returning items that have been stolen from a retailer is referred to as returning stolen goods.

These frauds have a significant financial cost to businesses, particularly those in the retail sector. While customer fraud can often be easier to catch or detect than other types of fraud, it’s still a sticky situation when dealing with Australian Consumer Law and the old adage of ‘the customer is always right’!

Responding to External Fraud

Concerning external fraud, the emphasis lies on proactive prevention rather than reactive solutions – the same as internal fraud. Luckily, we have several actionable insights to minimise your susceptibility to external fraudulent activities.

Supplier Management

Implement a supplier management platform or protocol. Supplier management is the process of supporting and empowering vendors through establishing and nurturing long-term relationships.

This includes finding and choosing the right vendor for the company’s needs, controlling the costs and supplier risks, and paying for the services and goods consumed.

Delegate Duties

We said it before, and we’ll say it again – it’s rarely a good idea to leave one person in charge of your business’ internal controls. Segregate the initiation, review, approval, recording, and disbursement functions between different roles.

Importantly, implementing supplier matching protocols reduces the likelihood of fraud. This is achieved by matching supplier invoices to other documents such as purchase orders, payment receipts, inspection slips, delivery dockets, and so on. This is also referred to as ‘the three-way match’.

Screen Employees and Conduct Employee Training

It’s important to run background checks to identify relationships between employers and suppliers. Similarly, businesses should ensure employees are aware of policies, procedures, and protocols.

Ensuring documentation is produced and reviewed and not entering into transactions with incomplete or inconsistent information. This applies to both working with suppliers and serving clients and customers.

staff members conducting an audit

Protect Your Business Against Fraud

Fraud arising from dishonest behaviour not only undermines profits, operating efficiencies and reliability, but it can also severely damage an organisation’s reputation. Fraud may be on the increase, but with the right management and approach, you can reduce the likelihood of your business falling prey to fraudsters.

An external or internal audit certainly helps deter fraudsters. Used in conjunction with a carefully designed and effectively operating internal control environment offers greater protection for a business against fraud.

For an obligation-free chat, get in touch with the Bishop Collins team. We can assist you with audit and assurance services, during which our experts will provide advice and guidance on how to protect your business against fraud, or how to deal with any fraudulent activity you suspect.

Remember, prevention is key – don’t wait to safeguard your company until it’s too late!

Taxation & Tax Tips

How Tax Audit Insurance Can Protect Your Business

What Is Tax Audit Insurance?

Tax audit insurance is an insurance policy that can be obtained for an individual, company, self managed super fund (SMSF) or company directors. Depending on the scope of the policy, this insurance assists cover the professional fees of your accountant or advisor in assisting you to respond to an audit, inquiry, investigation, review or examination of returns lodged with the Australian Taxation Office (ATO) or other government revenue authorities.

The probability of a review occurring has escalated due to government authorities increasingly using data matching, artificial intelligence, and even social media, to compare disclosures made in your lodged tax returns to those of other taxpayers or benchmarks. The use of Single Touch Payroll (STP) for example allows the ATO to identify businesses (registered for STP) that have not met their PAYG and SG payment requirements. This facilitates greater compliance cross-checking leading to more audit activity.

Should the ATO or other government revenue authorities undertake one of these audits or reviews of lodged returns or financial compliance obligations, the costs and resources dedicated to responding to their queries can potentially be quite substantial.

Accordingly, the tax audit insurance policy is designed to protect you and your business (or SMSF) from the unexpected costs incurred in responding to the review or audit by reimbursing you for the related professional fees and costs.

Why is Tax Audit Insurance Important?

Tax audits are no longer targeted at simply big businesses and the wealthy. Small to medium enterprises, SMSFs, individuals with rental properties or trust structures are subject to review and investigation by the ATO.

Noticeably, taxpayers with cryptocurrency assets and those with excessive work-related deductions are potentially earmarked for scrutiny. The ATO also utilises benchmarks to hone in on the ‘cash economy’ to identify businesses not declaring all of their income. Non-compliance in these areas attracts a greater chance of being audited.

The most common audits are those undertaken by the ATO in relation to personal or business returns, however, compliance audits are also becoming more common, particularly those in relation to payroll tax obligations.

Should you or a related entity be selected for review, the audit or investigation process can be quite time-consuming. Depending on the type of audit, the scope of the review and the number of periods being audited, the related professional fees can add up.

audit insurance is important for businesses of all sizesWhich Entities Can be Covered?

Tax Audit Insurance Policies vary between insurers (or brokers). However, some common policies include cover for the following:

  • business audit only;
  • business and directors audit;
  • individual cover (for insured parties that are not a corporation);
  • self-managed superannuation fund cover.

The particular policy may also include additional coverage for things such as investigation cover and other such items.

You should speak with your broker or advisor to determine which policy and cover might be relevant to your circumstances.

tax laws can be complicatedWhich Tax-Related Laws Do Tax Audit Insurance Policies Typically Cover?

There are a number of laws and regulations that may be covered in a tax audit insurance policy. These include:

  1. Income Tax Assessment Act 1936 (Cth);
  2. Income Tax Assessment Act 1997 (Cth);
  3. Taxation Administration Act 1953 (Cth);
  4. Fringe Benefits Tax Assessment Act 1986 (Cth);
  5. A New Tax System (Goods and Services Tax) Act 1999 (Cth);
  6. Superannuation Guarantee (Administration) Act 1992 (Cth);
  7. Termination Payments Tax (Assessment and Collection Act) 1997 (Cth); or
  8. any legislation of an Australian State or Territory relating to payroll tax.

Additionally, your policy cover might include coverage of the professional costs associated with certain types of audits and reviews, including:

  • BAS/GST Compliance
  • Capital gains tax
  • Borrowing rules (LRBAs)
  • FBT
  • Income, Land and Payroll Tax
  • Record Keeping
  • Self-Managed Superannuation Funds and SIS contraventions
  • Superannuation Guarantee and Compliance
  • Workers Compensation / WorkCover

Some policies also include retrospective protection (that is, previously lodged returns are covered) as well as specialist fee cover (that is, fees of any other external specialists such as taxation lawyers or consultants).

audit insurance ensures you’re coveredA Word of Caution…

Before taking out a tax audit insurance policy, ensure you obtain advice and review the inclusions and exclusions of the policy carefully. Items generally not covered by tax audit insurance policies can include:

  • Fines or penalties imposed or for any amounts payable pursuant to an amended notice of assessment or adjustment. This includes for example any additional tax, duty or similar payments.
  • Matters in relation to applications, assessments or reviews of government benefits, entitlements, grants and any form of activity involving a review relevant to you maintaining industry status (e.g. licence compliance, membership).
  • Costs for work incurred which should have been undertaken prior to the audit activity (e.g. outstanding lodgements).
  • Audit activity where notification was given prior to the inception of cover;
  • Excess superannuation contribution tax issues.

Bishop Collins – The Compliance and Risk Management Experts

If you would like to discuss the benefits of tax audit insurance or have an in-depth discussion about your business structure, tax affairs and compliance obligations, or audit and risk management requirements, the team at Bishop Collins would be delighted to have an obligation-free and confidential discussion. Get in touch with us today to see how we can help!

Audit & Assurance

Learn more about audit reports to prepare your business

Team preparing a business audit report

Preparing for a business audit can save your organisation time and money. An audit doesn’t have to disrupt your business: it can effortlessly form part of your operational processes and not impose many additional demands on your resources.

Our top tips for preparing for a business audit include:

  • Prior planning prevents poor performance
  • Ensure accounts are reconciled before an audit of your financial statements
  • Identify significant changes which may affect the process of your financial audit
  • Designate a key contact in the preparation of a financial audit
  • Professional development and training
  • Ask questions about your financial audit
  • Learn from the experience

What Is an Audit: A Refresher

An audit is a reasonable assurance engagement where the auditor provides an opinion about whether a company’s financial report is prepared in accordance with particular requirements or legislative framework (e.g. the Corporations Act 2001 or the Australian Charities or Not-for-profits Commission Act 2012). This includes giving a true and fair view of the financial position of a company at year end, and of its financial performance for the period ending on that date, and complying with Australian Accounting Standards and certain legislative requirements (e.g. Corporations Regulations 2001 or Australian Charities or Not-for-profits Regulation 2013).

Many other types of entities are also required to have their financial report audited, including unlisted companies over a certain size threshold and large charities.

You can read more about the distinction between assurance services here.

What information is audited and supported by the audit report?

Only certain sections of a company’s annual report are audited. The auditor’s report provides an opinion on the financial report, which comprises the financial statements, the notes to the financial statements and the directors’ (or responsible entities’) declaration.

As the directors’ (or responsible entities’) report is intended to complement and support the financial report, it may appear to be part of the audited financial information. It is important to note however, that although the information provided in the directors’ report is not audited (with the exception of the remuneration report of listed companies) the auditor still needs to consider and report on whether it contains material inconsistencies with either the financial report, knowledge gained through the audit, or appears to be materially misstated.

What is the result of an audit?

The result of an audit is the auditor’s opinion which is included in the audit report. An audit report is a document that auditors attach to the statutory audit report that reflects their opinion of the audit. The audit report also contains a range of other information to explain the context in which that opinion has been reached. Similarly, an auditor’s review report contains the auditor’s conclusion on the financial report, which provides a lower level of assurance than an opinion, and also  explains the context in which that conclusion was reached.

an audit report casts a magnifying glass over your businessWhat Information Does an Audit Report Include?

An audit report , which is appended to the financial report, includes the following information:

  • Title and addressee
  • Auditor’s opinion (More on this later!)
  • Basis for the opinion, which includes important information about the auditor’s opinion, including:
  • That the audit was conducted in accordance with Australian Auditing Standards:
    • A reference to the section of the auditor’s report that describes the auditor’s responsibilities under the Australian Auditing Standards;
    • A statement that the auditor is independent of the company in accordance
    • The relevant ethical requirements and fulfilment of the auditor’s other ethical responsibilities
    • A statement whether the auditor believes that the audit evidence they obtained is sufficient and appropriate to provide a basis for the auditor’s opinion.

NOTE: When the auditor modifies the opinion on the financial report, the heading ‘Basis for Opinion’ is amended in accordance with the type of modified opinion (see modified auditor’s opinions below) and within this section, the auditor includes a description of the matter giving rise to the modification.

Key audit matters

For listed entities, Key Audit Matters (“KAMs”). These are matters which are, in the auditor’s professional judgement, of most significance in the audit. KAMs are selected, in consultation with the directors or audit committee, on the basis of needing significant auditor attention in performing the audit. The reasoning for this may include areas of higher assessed risk of material misstatement or significant judgement and estimates. The KAM section includes, at a minimum:

  • Why the matter was considered to be a KAM
  • Reference to the related disclosure
  • How the matter was addressed in the audit.

Other information:

  • Responsibilities for the financial report
  • Auditor’s Responsibilities for the Audit of the Financial Report
  • Other Reporting Responsibilities.

an audit won’t disrupt your businessTypes of Audit Report Opinions

Auditors have the option of selecting amongst four different types of auditor opinion reports.

Unmodified Opinion (Clean Opinion)

Auditor’s reports containing an unmodified auditor’s opinion are the most common type of report a user is likely to come across. This is in part because management usually addresses most of the matters which the auditor has raised by adjusting the financial information or including further disclosures when finalising the content of the financial report before it is issued. An unmodified auditor’s opinion, also referred to colloquially as a “clean” audit opinion, for a public company in Australia will state that in the auditor’s opinion the financial report is in accordance with the Corporations Act 2001, including giving a true and fair view, and complying with accounting standards and the Corporations Regulations 2001.

Even where there is a clean opinion, it is important to look for and pay attention to the KAMs raised and any Emphasis of Matter, Other Matter or Material Uncertainty relating to Going Concern paragraphs. These additional paragraphs highlight matters of significance contained in the financial report and contribute to the overall understanding of the report.

Unqualified Opinion

An unqualified opinion is considered a clean report. This is the type of report that auditors give most often. This is also the type of report that most companies expect to receive. An unqualified opinion doesn’t have any kind of adverse comments and it doesn’t include any disclaimers about any clauses or the audit process. This type of report indicates that the auditors are satisfied with the company’s financial reporting. The auditor believes that the company’s operations are in good compliance with governance principles and applicable laws. The company, the auditors, the investors and the public perceive such a report to be “free” from material misstatements (emphasis added).

Modified Opinion

Modified auditor’s opinions are issued in circumstances when the auditor believes the financial report contains a material misstatement, or when the auditor is unable to obtain enough evidence to form an opinion. Such an opinion should be a red flag for readers, as it indicates that part or all of the financial report cannot be relied upon.

If the audit opinion is modified it can be either a Qualified opinion or an Adverse Opinion.

Qualified Opinion

If you’ve ever wondered “what is a qualified audit report?” then this one is for you. A clean opinion is provided “except for” the matter identified. This might occur when an auditor isn’t confident about any specific process or transaction that prevents them from issuing an unqualified audit report. Auditors write up a qualified opinion in much the same way as an unqualified opinion, with the exception that they state the reasons they’re not able to present an unqualified opinion. An example where a qualified opinion might be issued includes where a company didn’t conduct a stocktake on inventory, or didn’t recognise and present its investments at fair value in accordance with Australian Accounting Standards.

Disclaimer

The auditor cannot provide an opinion because the auditor has not been able to obtain sufficient appropriate audit evidence to provide a basis for that opinion. When an auditor issues a disclaimer of opinion report, it means that they are distancing themselves from providing any opinion at all related to the financial statements. Some of the reasons that auditors may issue a disclaimer of opinion are because they felt like the company limited their ability to conduct a thorough audit (also known as a management-imposed scope limitation) or they couldn’t get satisfactory explanations to their queries or information requests (for example, where records might have been destroyed by natural disaster). Importantly, a disclaimer of audit opinion signifies that the effects on the financial report are likely to be material and pervasive. Accordingly a disclaimer of opinion is often interpreted as a severe position and consequently it potentially creates an adverse image of the company.

Adverse Opinion

The final type of audit opinion is an adverse opinion. Auditors who aren’t satisfied with the financial statements or who discover a high level of material misstatements or irregularities know that this creates a situation in which stakeholders (including investors, suppliers, customers and even the government) will mistrust the company’s financial reports. An auditor’s adverse opinion is a considerable red flag. An adverse audit report usually indicates that financial reports contain gross misstatements. There is also a higher susceptibility to the potential for fraud. Adverse opinions send out a high alert that the company’s records haven’t been prepared according to accounting principles or the law. Financial institutions and investors take this opinion seriously and will reject doing any kind of business with the company. Auditors use all types of qualified reports to alert the public as to the transparency, reliability and accountability of companies. Unsurprisingly, companies, investors and the public highly value unqualified audit reports.

audit report expertsBishop Collins – The Audit Experts

It’s simple; with Bishop Collins Accountants, there are no surprises. We listen. We educate. We deliver. If you would like to discuss your organisation’s external audit requirements, the accounting experts at Bishop Collins would be delighted to have an obligation-free and confidential discussion with you. We provide solutions beyond compliance and help you to protect your assets and move toward achieving your goals.  Get in touch with us today to see how we can help!

Audit & Assurance

Tax Audits: Triggers and 5 Tips to Minimise the Risks

Help with tax audits

Every year, the Australian Taxation Office (ATO) contacts over one million Australian taxpayers to clarify or question information provided in their tax returns. This is usually prompted by what has, or has not been, included (or excluded) in a tax return. This might include unreported income, unusually high deductions claimed, or potentially non-business related expenditure. Whilst the ATO has been relatively “understanding and sympathetic” during the pandemic (yes, many taxpayers have received leniency in mistakes made in reporting to the ATO, as well as concessions on interest and penalties), the ATO is reverting to a more assertive approach to its compliance program.

The ATO has many tools to assist in identifying potential non-compliance which includes data-matching and ATO-prefilling of information. You can read the specifics on these triggers in the ATO tax audit article written by our colleague, and one of the Bishop Collins resident tax experts, Tim Ricardo, here.

Despite accurate and honest declarations, even those completed with the assistance of a qualified accountant, a taxpayer can still be fortunate enough to be selected for a tax audit or review by the ATO. This occurs when the ATO recognises you, or your business, as a compliance risk. Initially, you will get notified of a tax review. The purpose of a tax review is to determine if any compliance issues need to be further examined. A tax review is usually conducted by an ATO delegate over the phone or face-to-face with a view to clarifying elements of your tax return. You’ll get the chance to resolve any issues and avoid escalating the matter to a full tax audit.

If the compliance risk is found to be significant, the outcome of a tax review can lead to a full tax audit where the ATO will further scrutinise your tax affairs. The ATO may request records for up to 5 years from the date of lodgement, as well as conduct intensive analysis on business transactions and interview staff. Unfortunately, getting audited by the ATO isn’t a relaxing affair – it can be a stressful and intimidating process – even more so if you’re not adequately prepared. Frankly, the best way to mitigate this problem is to take appropriate measures to prevent it from happening in the first place.

Top tip: It is also important to note that although some tax audits are random selections, some are triggered by certain factors.

no one likes being auditedWhat Factors Could trigger a Tax Audit?

There are numerous factors which might trigger a tax audit. However common factors (in no particular order of preference) include:

  • Running a cash business. The ATO targets businesses that make a lot of cash transactions because they are perceived to be at a higher risk of not declaring all of their income.;
  • Not paying staff enough superannuation;
  • Discrepancies between the tax return and business activity statements (BAS);
  • Poor record of lodging tax returns, including several years’ of returns outstanding. You may be perceived as not taking compliance obligations seriously.
  • Significant fluctuations in income and expenses between years. Mismatches in income, such as capital gains, dividends, and foreign income can be readily identified by the sophisticated data matching systems used by the ATO. The ATO can also cross check your tax return against information provided by businesses and financial institutions you’ve transacted with. Excessive work-related deductions will raise concerns with the ATO. Note that a deduction can only be claimed in the year it is incurred. Claiming for deductions you are not entitled to, claiming the same deduction twice and poor record keeping are at the forefront of the ATO surveillance regime.;
  • Financial performance above or below industry benchmarks – you or your business might be considered an outlier;
  • Income inconsistent with assets (not just business, but personal ones as well!). This includes inconsistencies between your lifestyle and your reported income and unexplainable surprise wealth. The ATO can assess your assets and work out how much income you need to maintain your current lifestyle;
  • Consistently reporting operating losses;
  • International transactions and dealings.

tax audit5 Tips to Reduce the Risk

Our top 5 tips to reducing the risk of an ATO audit are:.

1. Recording ALL Taxable Income

Include all taxable income in your tax return from all sources. This includes business income, capital gains (e.g. on assets such as property and investments (i.e. shares)), cash transactions, foreign income from property, shares or employment and bank interest.

2. Only Claim Deductions you are Entitled to

The deduction must be directly related to earning assessable income. Deductions can only be claimed on work-related expenses. Ensure you keep good records to prove your expenses and their relationship to being both work-related and connected to earning income.

3. On-Time Tax Lodgements

Ensure tax lodgments are on time and up-to-date. Build a positive image for you and your business by lodging your tax returns, BAS, and FBT on time. Review your tax returns and reconcile your BAS regularly to ensure there are no variances.

4. Maintain Accurate Records

Maintaining accurate records and keeping invoices and receipts is a must. Keep your personal and business expenditure separate to reduce the likelihood of claiming a personal expense as a business expense. Have minimal variances between tax returns and BAS.

5. Pay Super On-time

Pay the correct amount of superannuation on time for your employees. Note that directors can be held personally liable for unpaid superannuation contributions as well.

BONUS: Insure Yourself!

Take out an audit insurance policy. Having audit insurance in place can take the pressure off by not having to worry about the professional fees which will be incurred in handling an ATO audit.

Handy hint: An audit insurance policy for tax compliance covers only the professional costs in reviewing and responding to the ATO audit program. This insurance does not cover the direct and indirect costs of unpaid tax liabilities, penalties and interest. Again, more incentive to get it right the first time.

If The Inevitable Happens…

It always helps to be honest and upfront with the ATO and own up to your mistakes. Your cooperation with the ATO during a tax audit will be looked upon favourably. In many cases, the ATO has maintained leniency to taxpayers who have cooperated in full and conceded an inadvertent omission or error.

audits can be distressingSpeak to Bishop Collins about Tax, Audit and Risk Management

The experts are here to help! It’s simple; with Bishop Collins Accountants, there are no surprises. We listen. We educate. We deliver. We provide solutions to protect your assets, and assist you with minimising your tax and moving toward your goals. Speak with one of our team today.

Please reach out to us at Bishop Collins if you would like to seek professional advice on your tax needs.

Audit & Assurance

Internal Vs. External Auditing: What’s the Difference?

Internal auditor explaining data on whiteboard

Both internal and external audits are completed with a high degree of independence, diligence and ethics. However the difference between an internal audit vs external audit is not always clearly understood. Both internal and external audits seek to provide an independent opinion about a company’s finances or practices. However, they differ significantly when it comes to who performs the audit, its overall purpose, and its scope.

Comparing Internal Audit vs External Audit

Here is a brief snapshot of these differences:

Scope

Internal audits usually focus on a specific area of a company, while external audits look at all relevant financial information and any other practices that could confirm the veracity of financial statements and disclosures. In some circumstances, an external audit might be scoped to provide an opinion on a specific line item or financial schedule.

Purpose

Internal audits focus on measuring current performance or compliance with particular policies or procedures and finding areas for improvement. An internal audit is primarily focused on helping an organisation improve and helping to achieve your business objectives while managing risk. An internal business audit is beneficial to evaluate and improve the effectiveness of risk management, control and governance processes. You can read more about the “flavours” of internal audit here.

External audits, on the other hand, focus on verifying the accuracy and veracity of financial statements, thus providing reliable information about the results of a company’s operations, its financial position, and its cash flows. You can read more about external audits here.

Auditor

External auditors are from a third party (i.e. independent firm) while internal auditors can either be internally appointed and work on behalf of a company, or an external firm, and report independently to the audit committee or Board.

auditor presenting to boardKey Differences Between Internal Audit and External Audit

Let’s take a look at some of the key differences between an internal audit and an external audit in a bit more detail.

1. Appointment

Generally, external auditors are appointed by the shareholders of a company, while internal auditors are often employees of a company, although in some cases, they can be appointed externally. In either case, the internal auditor reports independently to the audit committee or board of directors. Bishop Collins Audit provides both internal audits and external audits, along with IT, fraud prevention and risk management expertise.

2. Area of Focus

Internal auditors generally focus on an organisation’s processes and control systems, providing evaluations on financial and operational business activities. They analyse and bolster the risk management, internal control and governance processes of the company. Internal audits are aimed at identifying how well risks are managed including whether the right processes are in place, and whether agreed procedures are being adhered to. Internal audits also identify areas where improvements and efficiencies might be achieved.

External auditors mostly focus on ensuring that the policies and procedures of the organisation are adequate and meet regulatory requirements and standard practices. The focus is primarily on financial compliance and accuracy. In Australia, external auditors are registered with the Australian Securities and Investments Commission (ASIC). Importantly, there are a variety of benefits in undertaking an external audit (whether legislatively imposed or voluntarily), including:

  • Fraud deterrence and prevention;
  • Confirm compliance or departures from relevant legislation (e.g. the Corporations Act 2001 or Australian Charities and Not-for-profits Commission Act 2012);
  • Provide confidence to stakeholders (e.g. customers, shareholders, creditors and the general public) that the company is financially sound;
  • Identify ineffective or inefficient business or operational practices.

3. Engagement Period

internal auditorsInternal auditors generally provide auditing and control services related to the company’s finances, business practices and risks over an extended period of time. This might be on an annual basis, or over several years, depending on the internal audit plan and broader assessment of risks. External auditors are appointed, and generally hold office, until either their resignation, removal or death (hopefully not the latter!). Each annual audit engagement runs for a certain period and once the audit is completed, this engagement is finalised until the next year.

Is It a Requirement to Have an Audit?

Well, that depends on your specific requirements, risk appetite and perspective. Internal audits are a fundamental way of improving your company’s systems and developing sound risk management practices. However, internal audits are discretionary.

Many large organisations, including publicly listed companies, have established internal audit functions to satisfy and boost shareholder and market confidence as well as mitigate broader risks. Progressive private companies also voluntarily undergo internal audits to access the benefits internal audit can provide to their organisation. This includes:

  • Ensuring accounting processes are efficient and effective,
  • Identifying, understanding and managing high risk areas,
  • Ensuring compliance with policies, procedures, laws and regulations,
  • Streamlining operations,
  • Safeguarding assets and ensuring efficient use of resources,
  • Ensuring governance and risk assessment processes are in line with best practice,
  • Preventing and detecting fraud.

We often get asked how often do businesses get audited? Well, external audits must be assessed on a case-by-case basis, however for the most part, public companies, large private companies and many not-for-profit organisations are required by law to have an audit at various times. For example:

  • The Australian Charities and Not-for-profits Commission (ACNC) and State Departments of Fair Trading (e.g., NSW Fair Trading in New South Wales), which are the regulators of charities, not-for-profits, and associations, also have audit requirements. For example, medium-sized charities with annual revenue of more than $1,000,000 must have their financial statements reviewed or audited, while large charities with annual revenue of more than $3 million must have their financial reports audited.
  • Large Companies: When a company becomes a large proprietorship, it must be audited, under the Corporations Act. From 1 July 2019, the Australian Securities, and Investments Commission (ASIC) defines a proprietary company as being “large” if, at the end of the financial year, the company and any entities it controls meets two of the below three criteria:
    • A consolidated revenue of $50 million or more;
    • Consolidated gross assets of $25 million or more; and
    • 100 or more employees.

Small private companies may also be required to undergo an audit, including those which are foreign-owned or those companies subject to a shareholder direction under s293 of the Corporations Act 2001. In certain circumstances, ASIC might direct a company to undergo an audit. Take a peek at our article on whether you need to have an audit completed on your financial statements here.

audit expertsThe Experts Are Here to Help!

If you would like to discuss your organisation’s external and internal audit requirements the accounting experts at Bishop Collins would be delighted to have an obligation-free and confidential discussion with you. Please reach out to us if you would like to seek professional help with internal and external audits. Get in touch with us today to see how we can help!

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