8 Things Accountants Need to Look Out For
Small businesses fail; unfortunately, it’s just the nature of the beast.
According to commonly shared statistics, 20 per cent of small businesses fail in their first year, and 60 per cent go bust within their first three years.
The main reason for closing a business is money mismanagement. This includes starting without enough money, lacking a well-developed business plan, incorrect pricing, and being overly optimistic about sales. Another is not accepting or recognising their weaknesses and not seeking help from others.
Small business owners often don’t see the signs of business failure looming until they’ve run out of cash, and a messy, traumatic exit is the only option.
If you can help them spot the signs early as their accountant, don’t avoid the conversation. Instead, warn them and guide them to a better outcome. But what are the signs you need to watch out for?
1. When The Business Can no Longer Make a Profit
Money to keep a business going should come from customers. But when a business can’t make a profit, it comes from creditors, which shows as increasing liabilities on the balance sheet to the ATO, suppliers and other lenders.
If a business can't make money, continuing trading has little or no benefit. If the business owner isn’t being paid or is putting in their own money to keep it going, they're paying to go to work. That's right, paying to go to work!
If a business can't trade profitably, it should consider downsizing or cease altogether. If it’s considering restructuring to reduce debts, it's better to be making a profit or at least breaking even. If not, it may keep accruing further debts following the restructure.
2. When They Have Two or More Unlodged BAS
There are two key issues with this one:
- Directors become personally liable for BAS debts when the respective BAS is lodged more than three months late or not lodged at all. If BAS are lodged on time, an insolvency appointment can remove personal liability. But if lodged late, the ATO may issue a lockdown Director Penalty Notice (DPN) removing this protection
- Additionally, you lose access to the small business restructuring process to reduce your ATO and other debts. This process requires all ATO returns to be lodged for eligibility.
3. When Suppliers Stop Supplying
When a business can no longer get the stock, materials or other supplies needed to keep running, sales and cashflow stop.
Often businesses pay suppliers ahead of everyone else, including the ATO, landlords and banks. But, when left too long, the ability to pay suppliers comes into question.
4. When a Statutory Demand is Left to Expire (And a Winding up Application is Filed)
If a business owes debt to the ATO or another creditor they can't pay, the creditor may issue a statutory demand to the company giving it 21 days to pay.
If they can't pay or come to some agreement, at the expiry of 21 days, they can file a winding up application through the courts.
Once this happens:
- Credit reporting agencies will make suppliers and financiers aware, potentially limiting further credit
- The business cannot appoint its own liquidator
5. When Accounts Are Too Out of Date
As you’re aware, a business needs accurate and up-to-date accounts to understand how it’s faring. Without good numbers, they won’t know what’s making money, what they owe, or even if they’re making money.
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6. They Have Outstanding Super They Can't Pay
When a business has unpaid super, a few things can happen:
- Employees will leave
- The ATO may audit them and charge up to 200% penalties and interest
- Directors become personally liable for the unpaid super
Additionally, they lose access to the small business restructuring process, which is a faster, simpler way to reduce ATO and other debts. This process requires all super and other employee entitlements to be paid in full for eligibility.
7. When They Have Unsecured Loans They Can't Pay
There are a large number of high-interest short-term lenders willing to give businesses cash in tough times. However, taking this route creates three-fold problems.
- Firstly, we talk to many borrowers who had accessed these types of loans, paid the money to people they owe and then find themselves with more serious cashflow issues, including high interest and daily or weekly repayments.
- Secondly, they’re in a place where they desperately want to refinance into a lower-interest, longer-term loan. However, having these loans in the first place raises questions for other financiers. Therefore, refinancing these debts is unlikely to be available unless the company has assets or the directors own property they can use as security to obtain finance.
- Thirdly, these loans are always personally guaranteed. That means if a business can't pay the loan in full, the directors will personally need to pay the funds. In this case, the directors could lose their homes or become bankrupt, preventing them from continuing to trade their business.
8. Running Out of Cash
If a business doesn’t seek help until they have no cash, for example, they’ve got to the point where they can't pay wages, it's very difficult to move forward.
No cash means they lack the funds to pay for professional advice and assistance. It also means they can't buy supplies or pay employees. And employees will simply stop working if they’re not being paid wages.
Having The ‘Closing a Business’ Conversation
When you start to see any of these signs in a client’s small business, it’s important you raise the issue with them as soon as possible.
We understand that telling a business owner that their company is failing isn’t easy. It can be a highly sensitive and emotional topic. However, not doing so will only lead to even more difficult conversations and potential financial ruin.
By addressing the elephant in the room and advising your client that it looks like their business is headed for failure, you can achieve a better outcome for them and their family. For example, you can help them avoid bankruptcy and not lose their family home.
Guide Them to Seek Help And Take Action
During the conversation, reassure them and advise them that their best bet is to speak to a turnaround and insolvency specialist like us.
We can help them explore their options and determine the best way to move forward – a way that will give themselves, employers and creditors as good an outcome as possible considering the situation. And one where they remain in control and preserve as much of their money and self-respect as possible.
If their business is still financially viable, a turnaround, sale or merger may be possible. If not, and closing a business/liquidating is the best option, we can take them through the process of selling their assets, collecting outstanding debt owed, paying off outstanding obligations, notifying lenders, ending leases and notifying employees, contractors and customers of the closure.
Do you have a client showing signs their business is heading towards failure? Get in touch with our team of specialists today on 1800 861 247 to arrange a meeting and discuss next steps, including the process of closing a business.
