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Selasa, 19 Oktober 2010

Outdoor Advertising Works

By Steven Domingue

Jobs Vacancy, Job vacancies, Employment Jobs

Appropriately branding your company will take up lots of time and resources, but is vital to the success of your business. To assist branding, you should utilize the power of outdoor vinyl banners. Banners are a proven method to target a large potential customer base in a short span of time. There are a plethora of spaces a custom banner can be used, whereas other signage varieties may fall short.

Custom banner printing will permit a growing business to show any feature or concept they want to offer to their potential client base. They should be created with a particular objective in mind and should focus on that end goal. Color choice can also be a vital piece of this puzzle.The progress of your banners is frequently influenced by your choice of colors. Some hues, while attention grabbing may be too vivid or glum for their given location, making text harder to focus on, while others may blend well with surroundings and offer optimal contrast for simpler scanning from a distance. Specific colors elicit particular thoughts in folks and furthermore, they play a large part in readability.

The arrangement of your vinyl banner is vital because it is crucial that the information is well conveyed. If your point is too hard to follow, consumers will ignore it. Vinyl banners are intended to present quick snapshots of a message and entice the potential customers to ask for extra specifics, attend an event and more. Written text should not overwhelm the format of the banner, because excessive information is discouraging. Making use of large images, while keeping it to a minimum, will help convey a message faster than someone reading the text. Consumers all read at different speeds but processing the information in an image is much quicker for all.

Making use of custom printed banners will permit a company to brand their image in the minds of their community. Several corporations use this method every day and it has been remarkably effective. Basically, this is one business device that big businesses use which is attainable for small businesses.

If you would like to take your business to the next level, you should consider using custom vinyl banners for your outdoor advertising.



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Efficient Advertising Tips

By Andre Reynolds

Jobs Vacancy, Job vacancies, Employment Jobs

Due to constant competition among several companies with their own products, advertising is necessary to promote and enhance the sales. Unluckily, there is no assurance that people will buy your product as you will release it to the market. That is why various and unique strategies are being done for the sake of increasing the sales. One of the best ways to promote your product to the public is through advertising. It is the most accessible and most effective means of publicizing the product to gain popularity. The advertisement must be appealing and catchy so that people can easily be attracted. Maintain originality and uniqueness. Plagiarizing advertisement of other companies will never bring good to your sales. Be practical upon advertising the product. It should be a matter of fact advertisement so that you will gain trust from people who tried and tested your product. If the public will sense that your advertisement was real, then they will continue to purchase your product which can perceptibly increase your sales.

When you plan to advertise in a magazine or daily newspaper, create a catchy, strong and firm headline. This will give a reason to the reader to keep on reading. A lousy headline won't get any chance from the readers to continue reading since they might find it boring. For that reason, make your headline as catchy as possible so that people will be interested about the topic being discussed. Make the sentences brief and concise. Readers have short attention span when it comes to advertisements of products so let them enjoy reading without getting tired from very long sentences.

Use a friendly approach to the buyers. Do not show any form of disappointment about the saleability of your product. Bring a more energetic advertisement where consumers will b encouraged to buy. Making an advertisement strategy to increase sales is not that simple but no one can give up with just a single try. In the world of business, it is the rule of survival of the fittest. There is no room for giving up. Always think positive and continue to be encouraged by your failures if you didn't make it the first time around. There are always second, third and fourth chance. If you are having difficulty in advertising your product through magazines and daily newspapers, you can opt for online advertising. Though it needs a more strategic approach to gain profits, Internet is one of the most common places where everybody visits it from time to time. Always record your sales and obtain a checklist. This will help you monitor the changes and improvements of your sales.

Asking assistance from experts is always possible if you think that there is something not doing well along your way that might be difficult for you to handle. It is advisable to seek for help in advertising a particular product especially if you are planning for a press release which is also a part of a strategic advertisement plan. Do not be easily discouraged when first attempt is unsuccessful. It is a common scenario in advertising that most companies are struggling to go through in order to obtain success.




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Creating Career Change Clarity

By Tom Volkar

Jobs Vacancy, Job vacancies, Employment Jobs

Do you know how to clearly see the best career change for you? Clarity is clearness or lucidity as to perception or understanding. It is freedom from indistinctness or ambiguity.

Do you more often look for clarity or create it?

I've been pondering the creation of clarity. Most folks look for clarity like it's something to be found. Discovering clarity happens but not as often as you'd think.

It's far easier to decide to create clarity. Clarity is best created with openness, calmness and a strong determination.

A comprehensive process works best especially in matters of career change clarity. When there are many factors to consider that fog our clarity we must work a process that cuts through fog like a torch of sunshine. Clarity is best created through a process of questioning, dialogue, decision and action. Every progressive step leans toward clarity and further away from confusion or complexity.

The creation of career clarity comes directly out of deciding what you want. Quit talking about and thinking about what you don't want. That's putting your energy in the wrong direction.

After you've decided what you want then you must bring in deeper levels of truth about where you are and who you are. If you really want to see your best career change clearly then you must decide to tell the whole truth to yourself about yourself. That's truth as you see it without regard for the opinion of others.

Yes to create clarity you must take a stand for your truth and that truth is likely to be unpopular. But without truth as only you know it, deep within, you're just spinning you wheels. Here's the key. Be especially aware as a truth-teller just before and during your periods of important decision making.

When we make a decision and then decide to make up some justification, explanation or fabrication after the fact, we don't get the benefit of endorsing own authentic choices. Here's a powerful opportunity to practice your truth telling. Decide to tell the truth when you decline every invitation be it business or social. Just saying no thank you is often enough. But just in case the inviter asks be ready and willing to share your truth even if you know that it will not be welcome.

It will be one of the cleanest and most liberating practices of your life. What someone doesn't want to hear can be delivered respectfully and gracefully. But a sincere, blunt and clumsy truth is far better than any eloquently crafted lie.

"Life is given, and not one other human being on the planet was given to live the life you've been given to live. The given self lets you quit trying to live another life, which is what the quest for the ideal life is, and lets you begin to live your own." Mari Perron

I've found that my given, most authentic self can't get clear in the presence of white lies. I've found that in order for my given self to flourish in resolute clarity, I must first take a stand for what I want even when it disappoints another.

For true freedom is found in the acceptance of self and in the glory of expressing as no one else can. That's how you'll find your clarity. You'll find it after the white light of truth cuts through your fog.



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Salary Negotiation Tactics

By Anna Goco

Jobs Vacancy, Job vacancies, Employment Jobs


Everything seems to be going well after you have aced the job interview and you are handed an offer. However, when the salary isn't what you were hoping for, you are left with wondering what to do. An option for you is to enter into a salary negotiation but it is important that you do it right so that you can be successful. To achieve this, you need to be able to communicate your achievements, qualifications, and value to your employers so that you can get the best position, salary, and added perks.

Before you start negotiating, you need to know exactly what skills you can offer to the company you are applying for. You also need to know if the company is known to negotiate salary. More often than not, companies expect this but best to make sure. Also you need to figure out how much salary you want to ask for based on the market rate and what you can offer to the company.

Once you are given an offer and aren't happy with it, you need to evaluate what you were given. Do research on the actual going rate for the position offered to you and if it is way off from market average, then you have more of a chance to negotiate. Aside from having a figure in mind, you need to think about your entire compensation package that should include benefits like healthcare, vacation leaves, retirement, as well as other perks like a car, laptop, cellphone, etc.

So that you can be successful in getting your ideal job and pay, you need to avoid making mistakes. Always know your worth, always research on market average for your salary, never lie about your previous salaries, don't be greedy, and make sure to get the offer in writing. Not doing these things may cost you the salary that you are hoping to receive.

When you are ready to accept the job offer, make it a point that you have evaluated the offer well and are happy with it. Make sure your role and responsibilities in the company are clear and also, ask your supervisor what is expected of you for the year so you can work on accomplishing those tasks. Once you are sure, then you can accept the offer verbally and ask for your start date.

With these salary negotiation tactics, you should be able to get that pay that you believe you deserve. As long as you know your worth and what you are capable of offering the company, then anything is possible.



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How to Ask for a Raise Successfully

By Anna Goco

Jobs Vacancy, Job vacancies, Employment Jobs


Even if many feel that they are underpaid, they usually don't do anything about it because they are too scared to ask for more. Just because you ask for raise it doesn't mean that you will end up getting it but if you don't try, then you definitely won't get a raise. This is why it is important that you know how to ask for a raise successfully for you to get the salary you are after. So that you can up your chances, you need to be prepared.

So that you know the right amount to ask for, you need to know your job's worth. You can learn this with discussing it with your peers or with checking the rates with labor organizations. Also check out some online sites so you can compare salaries online. This will give you a better idea on what the market rate is for your job and if your current salary rate is way off market.

You need to be prepared as well with knowing your worth in the company. To be truly successful in getting that raise, you actually need to be deserving of it. Don't expect to get a raise when you just sit around doing nothing all day. Make a list of your achievements and how much profit or clients you have brought into the company. The more you have benefited the company, the more they will see you as an asset, which will definitely be advantageous to you.

Once you are confident with your achievements and know the proper salary increase amount to request for, it becomes all about timing. Consider asking for a raise after you have closed a big deal or finished a major project for the company. This is the best time for you to ask because it will be difficult for your boss to turn your request down especially right after you have accomplished something big for the business.

Remember not to beg for a raise, but rather sell yourself to get that raise you want. Your value to the company is what will give you that raise. Being deep in debt and having a lot of bills is irrelevant to the company and definitely won't have any bearing in getting you that raise. Work your best because it is always your performance that matters.

How to ask for a raise successfully can be done with following this guide. Never hold back when thinking about asking for a raise because you never know if you will get it unless you try.



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Deschooling Our Children

By Tara Wagner

Jobs Vacancy, Job vacancies, Employment Jobs

Children often have some deschooling to do after leaving a traditional schooling environment. Deschooling is the time in which our kids decompress from the stress or trauma they may have experienced in school. It's also the time in which they unlearn the hidden messages of traditional schooling and rediscover a passion for life and learning.

Deschooling is not "a break from schooling". It's not even a break from learning. It's a process in which a person heals, changes thought patterns and ideas and accepts a new way of living outside the paradigm of coercive education.

Deschooling doesn't happen when a child or teen senses it's a temporary freedom.

It only happens when a child feels safe, trusted and encouraged and when they trust you and your motives in return.

Why Do They Need To Deschool?

When parents think about their school experience, they often think, "I survived, didn't I? What's the big deal?"

Yes, we survived. But did we thrive?

School doesn't encourage thriving. Thriving is individual and diverse; it means different things for different people. But in a school, kids don't have the ability to diversify. It would create chaos for 25-50 kids per classroom all doing what suited them best.

In an effort to encourage conformity to the rules, kids pick up various hidden lessons that create an atmosphere in which it is hard to learn:

• Being told they must learn something tells a child they are stupid.

• Not allowing kids to speak out of turn tells them they have nothing of value to add.

• Sticker charts, good grades and positive reinforcement shows a child their actions are only worthwhile when someone else notices them.

• Punishments, bad grades and reprimands cause one to question their self-worth when they fail to achieve perfection (which they undoubtedly will at some point).

• Busy-work creates an inability to relax and a habit of overworking.

• Focusing on a person's behavior and "results" devalues them as a whole person.

• Having to ask permission to use the bathroom teaches kids their very nature is not trustworthy.

These are the struggles we see in adults seeking therapy or self-help. These are the things we've been taught ourselves from a very young age. These are the lessons every child and adult must unlearn in order to thrive in the world.

Helping Our Kids Deschool

As mentioned, a child's deschooling process looks a lot like decompression or even detoxing. You might see new and worrisome behaviors, old or regressive behaviors or not much happening at all. It can feel overwhelming and at some point most parents start to worry they've made the wrong decision. For the most part, their process will be personal and internal. You can't rush it, but you can help:

• Let Go of Expectations: If a dear friend came to live with us after a traumatic experience, we would likely encourage them to take their time healing. We wouldn't outline how they must do it, nor would we expect them to do something for us in return. Likewise, it's important to drop expectations from our kids. Putting a time limit on their deschooling, insisting they keep up with their learning, do chores, etc can all be damaging to a child's burgeoning sense of trust.

• Addition, Not Subtraction: When you take something out of someone's life (especially something that fills so much of their life like school does), it can leave a person feeling unsure, stressed, bored, or unmotivated. Taking away what a person knows leaves them floundering for something to fill the void. Be sure you help them fill that void. Introduce new people into their lives, take them to new places they wouldn't be able to go if they were in school and bring new experiences and resources into your home. Show them the possibilities of life without school.

• Build On and Support Interests: In school a child's interests are often pushed aside to meet state or federal standards. They probably weren't allowed to make art for more than an hour a week or read the book of their choice when it was time for math. Because of this kids learn not to trust themselves and their passions and they learn not to share those interests with others. Everyone needs to know their interests have value. Show interest in what they love, ask questions and participate whenever possible. Then build their interests by showing them more of it, seeking out similar experiences and finding new resources for exploration.

• Support Them Unconditionally: Often children must rebuild a trust in learning and a desire to try new things. Many times this process will look like a complete reversal in their mood, their behavior and their activities. Much like a pendulum, if a person felt stuck on one side of the spectrum they will likely have to swing all the way to the other side before finding their center again. Support your children where they are and validate their experience. Be okay with their need to "do nothing," help them find a way to express themselves and listen and validate them when they do. It's equally important to support their desire to not talk.

• Stay Involved In Their Lives: In case you haven't noticed, your involvement is key. But when I say involvement, I mean real involvement. Do what your kid wants to do, at the expense of the dishes being washed or the carpet cleaned. Rearrange your life to play video games with your son or stay up late with your daughter. Ask questions when they're open to talking, and listen more than you speak. Don't leave them alone to navigate the world on their own (but get out of the way when they're ready). Partner with them in whatever capacity they desire to support their journey.

• Get Connected: Losing a peer group isn't much fun. Neither is it fun to maintain the same group of friends who are all doing something without you. Not knowing any other unschooling kids can bring up a lot of doubt and loneliness in our kids. But the great thing about unschooling is that their peer group can become much more diverse and interesting than other children of the same age and ability. Connect with families and kids of all ages, homeschooling, unschooling and alternative schooling. Connect with families who travel full-time by inviting them to stay with you. And connect with people within your community doing interesting things. But don't disconnect from old friends unless it's what your son or daughter wants. Again, add, don't subtract from your child's life.

You can't put a deadline on personal development and you can't dictate what an individual person is experiencing. But with your unfaltering support and unconditional love, your kids will come through the deschooling process with a new outlook on life.



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Natural Learning And Careers

By Pat Farenga

Jobs Vacancy, Job vacancies, Employment Jobs

Years ago, a mother from New Hampshire wrote to the magazine I published, Growing Without Schooling, about changes she was observing in her children when they went to school:

...I was really becoming concerned with my children in school for so many reasons. The final blow came when I realized my children could no longer think for themselves. I asked my 6-year-old son what he was going to be when he grew up, expecting an inventor, cowboy, fireman, or such. Instead, he said, "I don't know, the teacher hasn't assigned me anything yet." So they are coming out...

The idea that school will slot you for the right occupation is even more ingrained today than it was in 1984, when the above was written. In fact, as I wrote in the revised edition of Teach Your Own: The John Holt Book of Homeschooling, researchers are seeing significant anxiety among five-year-olds about doing poorly on tests and ruining their adult job prospects! Fortunately, parents who wish to do so can help their children gain competence and confidence about their skills and abilities long before they reach school age.

Ruth Matilsky wrote about how she involved her young family in helping in the kitchen:

...We have instituted family dinner preparation and family clean-up after dinner... I've always been the sole cook and Terry's washed all the dishes. Now, the kids help me prepare dinner and when Terry comes home he sets the table with them and serves the meal. Then he and the children wash the dishes together while I straighten up. And we have discovered capabilities in our children that are surprising to us. Sara (4 ) has been able to peel carrots and is learning how to slice with a sharp knife. She stands on a stool and is learning to use the stove. And I am seeing how she can help me with a lot of the time-consuming jobs (like stirring the milk until it comes to a boil for macaroni and cheese) that I sometimes shortchange. I am growing to depend on her presence. It's fun to have the company, too. And it's funny-nearly every time we start to prepare a meal, I think, "Now what in the world can Sara help me with?" and then many things turn up that she is eager to learn.

Jacob (1 ) is involved, too. He loves to stir. And I realized yesterday that he has gotten to the point where I trust him to stir and not to slide the mixing bowl with eggs, etc. off the table. He listens to me when I tell him not to drip things on the floor. And when Sara grates the carrots into a paper bag, he picks up the stray pieces and throws them into the garbage. Jacob was the one who taught us that he and Sara should help with washing dishes. Every time one of us was at the sink he would drag a chair over and start playing with the utensils and the sponges and the water. At first, I thought, "OH NO, he will get HURT." Then I realized it was more trouble to drag him away than it was to teach him what he could play with and to remove knives. He is so content just to stand at the sink that it would be foolish to discourage him. When Sara saw Jacob washing dishes with Daddy, she wanted to, too, and she is now drying the silverware and organizing the utensil drawer. So we are working as a family. I love it...

Children want to be part of the adult world, but that is becoming harder to see as we wrap our young in a cloak of consumer childhood, protecting them from any demands other than to be obedient consumers of schooling and marketed goods. The more we can figure out ways to involve our children in the fun and work of daily life, the less likely they will need the "Life Skills" or "Home Economics" training that schools must teach more and more children because they were never trusted or shown how to do these things at home. By appreciating and nurturing a young child's desire to help us in our adult tasks, by answering their questions as best we can instead of hastily dismissing them, by suggesting and exploring new experiences with them, parents and concerned adults can help even the youngest child to feel part of something bigger than themselves. Unschooling children during their compulsory school-age years is much easier if it seems to both you and them a continuation of what you've been doing since they were born-learning together-instead of a new phase of their lives where "serious learning" will now occur.

Of course, you can never tell what aspects of a child's learning will be important to them as an adult until they are actually adults. In the case of the Matilsky family, though I've lost touch with them, I do know that when Sara became an adult she became a successful chef. John Holt liked to say it was how a child was treated, not how they were taught, that determines the sort of person they become as an adult.Re-reading her mom's letter, I believe Sara's hours spent in the family kitchen as a pre-school-age child had a significant, positive bearing on her later life.


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Helpful Tips for Tutoring Elementary Pupils

By Clara Goh

Jobs Vacancy, Job vacancies, Employment Jobs

Home tuition has helped a lot of students excel in class. Even those students who perform the poorest in their class were able to improve their class standing because of the help of their private tutors. Thus everyday there has been a continuous increase in the demand of home tuition. Singapore for on is a country who acknowledge how the students in Singapore has been gaining benefits from tuition agencies, and private tutors.

Tutoring requires passion and dedication. Like any teaching jobs, being a private tutor can be quite tough. This is especially true for those tutors who are teaching elementary students. Dealing with young learners can be very challenging. Tutors will not only deal with the problematic subject areas, but they also have to deal with the young learner's stubbornness, short attention span, and fragile egos. Thus, for a tutor to be effective, he will need to develop effective strategies to keep the attention of the learner focused. Tutors will need to make every session as fun and as interesting as possible. If you are among those private tutors who are having the same dilemma, it may help if you follow some of the tips listed below.

Develop your goals

It may help if you are able to set a meeting with the parents to identify the specific tutoring needs of the child. To become an effective tutor, you need to be able to identify if the child needs reinforcement in certain subjects, or if what he need is just homework tutoring. With this information at hand, you will be able to come up with a more realistic tutoring goal.

Acknowledge that effective tutoring requires teamwork

To become more effective, you as a tutor should need to collaborate with the child's parents and teachers in school. Talk to the parents and tell them what they can do to help in the success of your tutoring. You also should need to collaborate with the teacher of the child in school and ask for comments concerning the specific subject that the child is having difficulty with. It will also be a huge help if you are updated with the learning materials that the teachers are using in their regular class.

Modify your teaching style

Your teaching style as a tutor should match the level of learning of your student. It will not be wise to assume that every child has similar learning pace and learning capacity. Remember that the learning capacity of every child is unique. Exert an extra effort to know what the interests of your student are and incorporate it in your teaching styles.

Keep every session fun and creative

Remember that younger children have shorter attention span. Focusing on one subject for more than an hour can be too long for the child to handle. You can choose to incorporate fun activities to make the lesson more interesting. Another point to remember is that children learns best through visual and hands on activities. For instance, if you are teaching language related subjects, you can make use of board games such as scrabble to enhance learning. You can also make use of the internet for a more visual presentation.

Always give positive reinforcements

Acknowledging your student will always give a sense of achievement. Thus, it will boost their self confidence and will help them perform better. Always end every session with a positive comment no matter how difficult the session was.



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Home School Projects - 5 Project Ideas For Interactive Learning at Home

By C. J. Harrison

Jobs Vacancy, Job vacancies, Employment Jobs

Home schooling your children can be a great way to educate your child the way you see fit. It is important to keep your child engaged in the learning when you are teaching them. One way is with different projects based on the different subjects being studied. 5 project ideas for interactive learning at home are discussed below.

Take a hike through a local park - This project can hit on geography, history, biology, and the environment. You can discuss the different trees you see, what culture lived there previously, and the importance of conservation.

Journaling - Journaling will get your child engaged in their own story. You can have them journal for a period of time, such as summer. This helps their writing and descriptive skills.

Star Gazing - Star gazing allows your child to develop their science skills. Check out some websites to see what planets, comets, or satellites will be visible. Then, go out into the backyard and try to find them!

Environmental Cause - Getting your child involved in an environmental cause is a great way to help them develop socially. They can organize a recycling day for their street or a trash pickup day for the neighborhood.

Cooking - Spending a day in the kitchen may seem like a strange way to spend a homeschooling day. However, this teaches your child to follow instructions and a little bit of the scientific conversions required when baking.

These are just a few of the interactive projects that you and your child can engage in when homeschooling. There are so many more. You are only limited by your imagination!


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Home Schooling Concerns - What To Do If Your Child Won't Let You Teach Them

By C. J. Harrison

Jobs Vacancy, Job vacancies, Employment Jobs

Home schooling can be a great way to allow you to teach your child in the way you want to. However, keeping your child engaged and active in their learning when home schooling can be a challenge. Knowing what to do if your child won't let you teach them is the first step in battling this problem.

If your child is acting out, it is important to determine the reason behind it. They may not be developmentally ready for the particular lesson. This is a common problem when home schooling. Parents tend to teach lessons to children who are a bit too immature. Make sure the lesson is actually appropriate for the age of your child.

There could also be medical issues surrounding your child's inability to learn. They could simply not hear or see the lesson you are teaching. Dyslexia can cause children to become angry when they cannot comprehend something. Also, they could be having some issues with their motor skills.

If you find that you are truly having behavioral problems, spend some non educational time with your child. When you are out and away from a learning type atmosphere, ask your child questions and really listen to the responses. Deep feelings can come to the surface, and you may begin to realize what the underlying issues are.

It is important not to immediately assume that your child is being disobedient. Delve a little deeper to ensure that there aren't other underlying problems that need to be addressed. This will all help you to get your child back on track educationally.



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How To Avoid Capital Gains Taxes With A Deferred Sales Trust

by Bill Exeter




Jobs Vacancy, Job vacancies, Employment Jobs

When a business owner considers the sale of a business interest or assets held or used in a company, careful income tax planning should be a priority to deal with the capital gain taxes that will be generated by the sale. Capital gain strategies for tax deferral or tax exclusion can be complicated and confusing to many, so it is critical that business owners review their capital gains and depreciation recapture taxes with their income tax advisors—especially the tax-deferred and tax-exclusion options available to them.

The Section 1031 Exchange may not be suitable or appropriate

When real or personal property that has been held for rental, investment or used in a business is sold or disposed of, owners often turn immediately to the tax-deferred exchange pursuant to Section 1031 of the Internal Revenue Code ("1031 exchange") in order to defer the payment of their capital gains and depreciation recapture taxes. Though the Section 1031 Exchange is an incredible strategy to defer taxes resulting from the sale of investment real property, it may not be feasible, suitable or appropriate when selling acompany or an asset or property used in a business operation.

The Section 1031 Exchange requires the businss owner or real estate investor to trade equally or up in value by acquiring a like-kind replacement property. Locating suitable like-kind replacement property for the sale of a business can be nearly impossible, and real estate investors may be at a point in their life where they wish to cash out and not reinvest in more real property. Some may opt to sell and pay the capital gain taxes and depreciation recapture taxes in the current year, but many would prefer to implement some kind of income tax planning strategy that would allow them to defer the payment of their capital gain taxes over a period of time.

Deferring Capital Gains Taxes without reinvesting in replacement property

There are a number of strategies that a business owner can use to defer the payment of his or her capital gains taxes and depreciation recapture taxes—if any need be paid—so it is important that the business owner meet with his or her tax advisor to review all of the options. The following are the two most common tax-deferral strategies available:

  • Installment Sale through a Seller Carryback Note
  • Structured Sale through a Deferred Sales Trust, or DST

Installment Sales

The business owner could structure the sale of his or her business by carrying back the financing, which is often referred to as seller financing or a seller carryback note. Seller financing is merely an installment note or promissory note where the buyer of the business entity or assets/property makes periodic payments to the seller. Depreciation recapture taxes are due and paid in the year of sale. The capital gain taxes are partially of fully deferred over the term of the note and are taxed as principal payments are made pursuant to Section 453 of the Internal Revenue Code.

The installment sale strategy has positive and negative features like any income tax deferral strategy does. The obvious positive is that you can sell your business or property and defer the payment of your capital gain taxes by structuring a seller carryback note. However, the risk of buyer default on the installment sale is a considerable negative. The process to foreclose or otherwise take back the business or asset/property can consume significant amounts of time and money and the business, asset or property may have been irreparably damaged during the buyer's ownership.

Deferred Sales Trusts

Deferred Sales Trusts are also referred to as DSTs, and are not to be confused with the Delaware Statutory Trust. DSTs are highly effective capital gain tax-deferred strategies, similar to the installment sale or seller carry back note, but without the risk of buyer default because the Trust receives 100 percent cash proceeds from the buyer at the closing of the transaction, thus removing the buyer from the equation. Default Sales Trusts and provide other great tax and estate planning advantages and sellers do not have to purchase replacement properties as with the 1031 exchange strategy.

Deferred Sales Trusts are drafted pursuant to Section 453 of the Internal Revenue Code, just like the installment sale note or promissory note in seller financing. The capital gains tax is realized or triggered, but not recognized or paid. The capital gains tax liability is partially or fully tax deferred over the term of the installment sale note created within the Deferred Sales Trust account, which you will negotiate in advance directly with the Trustee of the Deferred Sales Trust.



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How to Get Started in the Billboard and Billboard Lease Business




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Flipping single family homes is a thing of the past, and it’s time to examine other real-estate oriented options for more fertile territory. One area that is often overlooked is outdoor billboard media—basically big signs that advertise located on highways and roads. These old, giant players in the advertising world are suddenly becoming the darlings of media buyers the world over and creating some exciting opportunities for aggressive individuals who are willing to play.

Getting licenses

To enter the billboard business, you only need a few pieces of equipment, and they are all relatively inexpensive. The first is a license from the state or city you are going to look for locations in. Many states and cities do not require such licenses. In those that do, the cost is nominal, maybe $200 per year. You can find out if the state you are in requires such a license by contacting the department of transportation or by inquiring at city hall. Normally, the requirements for a license are not difficult—there is no testing. You may need a bond, but that is readily attainable from your insurance company, and the face value is marginal.

The tools of the trade

The other pieces of equipment you will need are the sign ordinance, the zoning maps, a tape measure and a “roller wheel” measuring device that allows you to measure long distances on foot. All of these parts together should cost under $100, and will last for years. Of course, you will also need a car to get around town.

Finding sites

The business revolves around finding billboard sites and getting groundleases and permits for them. You literally have to start on each road or highway at one end of the city limits and go to the other end, carefully scanning your zoning maps for tracts of land that have the allowable zoning and spacing between signs. The Highway Beautification Act of the 1970s established minimum distances between signs, so you need to consult your particular state and city for those guidelines.

One of the best places for a new entrant to look for locations is on the fringes of town. As you get farther out of town, the competition for locations declines, and you can often find new locations out on this periphery. Of course, they will not rent for as much as the signs in town, but remember that, as the city grows, one day you will be in town, too.

Flipping groundleases

When you are first starting out, one of the best ways to create value is to “flip” your groundleases and permits. Basically, you take the location you have put together and sell it to an established competitor. How much will you get? Prices range from $5,000 to $200,000 or more, based on the value of the sign location. You can use this capital to later fund your first billboard that you keep, or you may elect to remain a sign locator who just sells off his inventory to bigger competitors.

If you elect to keep the billboard site, you can obtain financing from banks, but they are often reluctant to make loans to someone who has no existing experience. A better bet is to obtain funds from a outdoor leasing company. These companies understand the collateral and are more apt to bet on a newbie. You can find these lenders on the internet.
If you keep the billboard, you should be able to pay it off within 7 to 10 years, and then keep the cash-flow for the life of the sign.



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How To Get Your Landlord's Cooperation When Selling A Business

by Peter Siegel, MBA


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While property owners can, and do interfere with tenants wanting to sell their small businesses, there are some key steps that a company owner can take to overcome landlord problems.

Sooner is better than later

Business sellers often believe tell their brokers that they would rather wait to discuss the business' lease assignment with the landlord, believing is not necessary until a buyer is found. The seller may also fear that the landowner will tell others that the business is for sale, and the word will get out to customers and employees. Most brokers will tell you that by putting off this necessary step, both seller and broker run the risk of wasting a lot of time, energy and money devoted to marketing the business, only to find out that the property owner will not cooperate with the sale.

The landlord meeting is a sales opportunity

Most sellers and many brokers approach the property owner rather tentatively, and then plead for cooperation. It is not uncommon for that request to be met with the question: “Why should I?” or “What’s in it for me?” Chances of a positive outcome are much better if the seller and broker use a positive approach, pointing out that a new buyer will bring renewed energy and enthusiasm to the business, which is so important in these difficult economic circumstances, and a real benefit for the lessor if rent is partly based on a percentage of the business’ revenues. If there is some concession that would please the lessor—for example, the business owner agrees to be responsible for power washing the building, removing the weeds in the parking lot or setting up recycling bins—this promise could be granted in return for the landlord’s agreement to cooperate with a sale.

Know your rights as a tenant

While most leases grant the landowner the right to withhold his or her approval of a transfer from one tenant (seller) to another one (buyer), the provision “approval will not be unreasonably withheld” is also usually included. If the buyer of the business has the same or greater financial and managerial ability compared to the seller, it will be hard for the landowner to justify a refusal to consent to a lease assignment. A real estate attorney should be consulted on this point and the seller can consider whether to threaten a lawsuit to force the landlord to comply.

Plan accordingly if a new lease is required

If the current lease has several years remaining, the conversation with the landowner will focus on getting consent to an assignment. But if only a year or two remain, the business may need a new lease in order to be marketable, and that is the issue to be discussed. If the landlord is opposed to writing a new lease—one that can then be provided to the buyer—it might be necessary for the seller to consider other options, such as a going-out-of-business sale. If it is the rental amount that worries the landlord, a new lease could be drawn up which provides the tenant with options to renew for extended periods, with the rent amount to be renegotiated at each option renewal date.

Avoid surprises

One business broker suggests finding out if the “landlord” actually owns the property or has a master lease and is subletting to the business owner. That is commonly what happens in gas station businesses: An oil company might lease a station to an owner/operator, but once the underlying agreement between the oil company and the actual landowner expires, the gas station owner will lose his or her rights. It is wise to become informed about who owns what rights to the property.

Yes, landlords can ruin a tenant’s plans to sell the business, but there are things a seller—and the seller’s broker—can do to improve their chances of success. First and foremost: The sooner the matter is brought up with the lessor, the better.



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How To Pick A Business Broker

by Mark Gulf


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Business brokers and real estate agents are very much alike. Business brokers are responsible for matching appropriate buyers and sellers of businesses. The right business broker can help your small business to achieve the maximum dollar value. Make sure you read these tips before you search for your business broker.

Get referrals

It is also recommended to get referrals from trusted people, as well as searching online. For good business broker referrals, ask your accountant, attorney, peers, or industry associations. Check out the IBBA, The International Business Brokers Association, which is a non profit association for American business brokers. Which means all members have to go through a professional certification process.

Practice due diligence

Research the broker's history, experience and credentials. Check the Better Business Bureau (BBB). Examine their references. Scrutinize and find out if they have successfully completed sales in your business' industry.

Find a specialist

Your sales transaction will get more value with a business broker who has a full-time job of selling businesses than with a part-time agent. A broker working full-time, will not only bring a better understanding of the process and valuation trends, but also a strong network of contacts. Search for a person who is dedicated to the field of work. Merger and acquisition intermediaries should be examined for companies worth millions.

Marketing plan

As a business owner, you should know that marketing the sale is one of the most important parts of the process. Ensure that your broker has a marketing strategy to attract potential buyer leads.

No large initial fees

Brokers on average charge around 10 percent commission on the sale. When you decide to evaluate the value of your business or when you want to begin an application process, it is always wise to avoid brokers who ask for a large fee upfront.

Avoid Pressure:

Just get your feet wet at first—don't rush to any decisions. The process of selling your company is very complex. Make sure you learn about and understand all the uncertainties.



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How to Buy a Business

by Richard Parker


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Buying a business is arguably the best way to become your own boss. Starting a business from scratch or buying a franchise are other possibilities, but only buying an existing, successful business provides an immediate cash flow.

There are many good businesses for sale, but there are several critical steps you must follow to be certain you buy the right one.

Determine what you’re really good at, not just what you’ve been doing

The ability to work for one's self, to make more money and to be rewarded for one's hard work is what entices most people to own a business, but when you are the boss, your money and future are at stake and buying the wrong business can become a very costly mistake. While it is okay to get on-the-job training as an employee, any business you consider purchasing must already fit brilliantly with your skill set. The right business for you will leverage your strengths and not suffer from your weaknesses. You do not have to stick to a specific industry where you have experience. Rather, take a self-inventory and determine the single thing that you do best (whether sales, marketing, administration, people skills operations, etc.), and match that to whatever the business needs to drive the revenue and profit.

Finding a good business is easy when you know where to look

There are tons of good businesses available to purchase. Unfortunately, the garbage available to purchase is five times that amount. The Internet is a tremendous resource to begin your search through any number of the business for sale websites, but you need to expand your search beyond that. Review trade publication classifieds and consider contacting business owners directly, as well as attorneys, accountants, bankers and the local Chamber of Commerce.

How to figure out the real value of a business

It has long been said that a business is overpriced the day it is listed for sale. Keep in mind that what a seller thinks his business is worth has nothing to do with the actual value, and so you must completely disregard the asking price. Valuations should be based upon a multiple of the Owner’s Benefits which is the total of the company’s:

Pre-Tax Income + Owner Salary + Perks + Depreciation + Interest LESS certain Capital Expense Deductions

There are many investments available: from putting your money in the bank and getting a couple percent interest, to placing it all on 17 black for a thirty-five -to-one return at a casino. Buying a business falls somewhere in the middle. Your goal should be to generate a twenty-five to thirty-three percent return on your cash investment.

Don’t negotiate a win-win; negotiate a win-neutral

Buying a business always brings with it a certain risk. The savvy business-buyer can drastically reduce the downside by putting together the right deal. Regardless, the buyer is taking a larger risk and so the seller has to share in it. While many people preach the idea of a win/win scenario for all business dealings, the buyer is taking on greater risk and so two things should happen: First, the seller must have “skin in the game’ whether by financing the deal or with a performance-based agreement. Second, the buyer must negotiate hard and the balance must tilt in their favor. So while “win/win” sounds great, it is better for the buyer to win, and the seller to be “reasonably happy”.

Due diligence—conducting a flawless review

The due diligence phase is when you will have the opportunity to really dig into the business. Never allow a seller or their intermediary to limit the amount of time you have to do your research or restrict the specific documentation they will allow you to review. Any seller who tries to limit your access to information is hiding something—plain and simple! Allow yourself enough time to investigate the financials, the assets, the contracts, the leases, the competition, the employees and the policies. Your goal is to uncover any and all of the problems before you buy a business. Your investigation must be flawless.



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How To Set Investment Goals And Reward Yourself

by Todd Millar


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As an investor, it is important to set goals. But when using credit to reward yourself, how do you know when you really do deserve a reward, versus when you’re tricking yourself into deeper debt and further away from your goals? By avoiding extremes in rewards and by making a reward guide of what you can have and when, you’re on the way to living your goals without feeling deprived.

1. Don’t let current appetites steal from your future feasts

If you flip properties you may be lucky enough to see your profits quickly after your initial investment. However, as a real estate investor with a long-hold mentality, it may take longer before you see the fruit of your labors. It can be hard to wait to realize your profits, and sometimes you may be tempted to reward yourself before the deal is really done.

A common mistake is to take extra equity out of your property and use it as ‘mad money’. Some say it is best to put funds into other investments and use them as leverage. However, you are cheating yourself in the long run if your equity pays bills for your big screen TV or impromptu vacations.

Of course we invest to have a better life, more things and—ultimately—more time. Instead of drip-draining your profits, try to make milestones that keep you motivated and rewarded. Treat yourself to a nice dinner when you’re able to increase rents, or allot a small percent of the total income to a “Fun Fund” that you intentionally dip into once a year. But be reasonable with your demands on the property.

2. Don’t Cheat Yourself

Ever hear the story of the man who scrimped and saved to buy the house of his dreams? He denied himself every pleasure only to drop dead just after closing the deal on his beautiful new home. Perhaps you haven’t heard that exact story but it’s likely you’ve heard something similar. We all know you can’t take it with you. So are your investments ripe to pluck? Is it is when you reach a certain number of houses? Is it when you can sell for a certain R.O.I. or when passive income from rent finally out earns your living expenses? It’s completely up to you, but when that golden moment comes, celebrate it like you always planned to.

3. Plan It Out

Sit down, if you haven’t done so already and write your goals. They may be weekly, monthly or for any period you like. Decide what you want to happen when your reach them and what happens if you don’t. Do your goals roll over into the next month or do you reevaluate and rewrite them completely? In my case, every property purchase warrants a nice dinner out. Every year we go on a special trip to celebrate our achievements. What will you do? Perhaps when your investments are ready to be harvested you’ll buy your dream home abroad, or sale to the Antarctic?

A key system is to plan a reward for each milestone you reach in your goal setting creation plan, whether they are long-term or short-term goals they need to be rewarded to keep your motivation high and to maintain your productivity. The journey to your success is just as important as the destination, and each step needs to be recognized as a testament to your dedication.



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How To Develop A Pooled Alternative Investment Strategy

by T.J. Valenzuela


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The concept of pooling money to increase investment opportunities and reduce risk is not new. Mutual funds, real estate investment trusts, and master limited partnerships have given Wall Street the power to collect smaller amounts of money from many investors with the goal of increasing returns while reducing volatility . Today, many successful IRA investors are looking to adopt similar strategies to broaden their investment horizons.

Historically, investors were driven toward investments like bank CDs, mutual funds, bonds or stocks. But not only can individuals invest individually or pool investments with others, they can also select from a broader range of assets. These “alternative” investments include any asset not publicly traded on a listed exchange, such as private equities, limited partnerships (LPs), real estate, limited liability companies (LLCs), mortgages/deeds of trust, etc.

Interest is Growing

Even companies like Dell Computer and Berkshire Hathaway were once private investments that went on to become mainstays in the U.S. market. Several investment professionals have forecasted that returns from traditional asset classes, like stocks, will not be as high over the next decade. Combining lower returns with the estimated $14 trillion dollars rolling into IRAs from baby boomers and greater investor sophistication, alternative assets are one of the fastest growing sectors for investment.

Alternative investments can also provide greater diversification and often produce returns with a low correlation between conventional shares and fixed interest assets. The level of correlation depends on the specific type of alternative investment considered and the make-up of an investor’s existing portfolio. If well-chosen, the addition of alternative assets may increase one’s level of total portfolio return with little or no extra risk. When a Roth IRA is used, money earned on the investment can grow tax-free.

Pooling IRA Funds

Looking to duplicate the success of others, many savvy IRA investors are combining these two concepts--pooled money and alternative investments. Many are forming limited partnerships or limited liability companies to take advantage of the growing popularity of alternative investments. Others are simply looking at individual investment opportunities, like commercial real estate projects or pooling funds with a few associates.

Pros and Cons

Benefits of pooled investments include enhanced opportunities; exposure to investment expertise from investors and/or experts, and diversifying money across a broader range of investments, potentially reducing the overall impact of lower performing investments.

The downside includes lack of a secondary market for selling such illiquid investments, potential difficulty in determining fair market value, having to commit money for a minimum period and reduced regulatory oversight, since alternative investments are not publicly traded or subject to the same level of regulatory scrutiny.

As with any investment, the individual should do his or her own due diligence, including looking at the management's experience (for investments in private stock or commercial construction), their past track records and familiarity with the investment.

When the investor has identified an opportunity, the process of investing with an IRA can be simplified by working with a knowledgeable self-directed IRA custodian. Instead of using his or her name on the investment, the investor will replace that information with the name of his or her IRA. A good self-directed IRA custodian will then maintain all necessary paperwork and provide reporting.



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Solo 401(k) Plans: How The Self-Employed Can Save For Retirement

by TommyJoe A. Valenzuela


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Changes to the pension protection act of 2001 created the Solo 401(k) plan. Thanks to these tax-law changes, the Solo 401(k) is revolutionizing the way many self-employed individuals save for retirement. Never before have the self-employed been afforded the same advantages and protections that traditional 401(k) participants have maintained. SEP IRAs, SIMPLE IRAs and Traditional 401(k)s were created with the self-employed business owner as a secondary consideration. Small businesses looking to offer low-cost retirement plans for their employees could use these plans, but found that often these plans were more advantageous for the employees than the employer. Now, with the advent of the Solo 401(k) plan, the self-employed may defer more of their 1099 income while simultaneously saving for their retirement.

Who is eligible for the solo 401(k)?

A Solo 401(k) is available to self-employed individuals or business owners with no employees other than a spouse. Entities such as sole proprietorships, partnerships, corporations and "S" corporations are eligible. This plan offers tax advantages that reduce your current income taxes, allowing you to deduct the entire amount of your plan contributions from your taxable income each year.

What are the benefits?

Traditionally, self-employed retirement plans required small business owners to make a lot of money to reach the maximum contribution limits set by the plan. The Solo 401(k) has higher contribution limits than traditional retirement plans and allows tax-deductible 401(k) salary deferrals to the plan of up to $16,500 for 2009. Additionally, if you are age 50 or older, you can make an additional catch-up salary deferral contribution of $5,500 for 2009. The plan also lets business owners make tax-deductible profit-sharing contributions of up to 25% of compensation, with an annual maximum of $49,000 for the 2009 plan year.

The differences between the maximum Solo 401(k) contribution when compared to the SEP IRA can be substantial. A self-employed business owner who is age 50 with $100,000 in compensation may save up to $20,000 more with a Solo 401(k) than with a SEP-IRA or Profit Sharing Plan, and you may convert many already created retirement plan accounts. Please check with your CPA or attorney to determine if the Solo 401(k) is right for you.

Another benefit of the Solo 401(k) not offered to the SEP IRA are participant loans. If the plan document has a loan provision, participants of the Solo 401(k) may borrow a portion of the account value. Tax-free loans are permitted in a Solo 401(k) up to 50% of the total 401(k) value with a maximum of $50,000.

Who is the administrator?

Solo 401(k) plans are easy to administer and must have a third-party plan administrator - someone who ensures the plan is operating according to the plan document, tax laws and qualified plan rules and regulations. While the employer or spouse usually acts as the plan administrator, another person at the company or your accountant can serve in this capacity. Consult with your attorney, tax advisor or benefits consultant to find out more information on the Solo 401(k) plan.

Once you decide that a self-directed Solo 401(k) is the right choice to achieve your retirement objectives, your self-directed IRA custodian or other advisor can assist in facilitating that decision.



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Elop departure leaves an executive vacancy at Microsoft

By Martyn Williams

Jobs Vacancy, Job vacancies, Employment Jobs


The departure of Stephen Elop to Nokia leaves Microsoft with a vacancy at the top of one of its largest and most important divisions, but the company doesn't show any signs of rushing to fill the position.

Elop joined Microsoft in late January 2008 and worked alongside the outgoing head of its business division, Jeff Raikes, for about eight months before taking control of the unit. The long transition was planned "to ensure a smooth transfer of his daily responsibilities and management," Microsoft said at the time.

This time around Microsoft won't have the luxury of such forward planning. Elop's departure to take the president and CEO position at Nokia came as a surprise to the industry and Microsoft doesn't have any immediate succession plans in place.

"I am writing to let you know that Stephen Elop has been offered and has accepted the job as CEO of Nokia and will be leaving Microsoft, effective immediately," Microsoft CEO Steve Ballmer wrote in a letter to employees late Thursday. "Stephen leaves in place a strong business and technical leadership team, including Chris Capossela, Kurt DelBene, Amy Hood and Kirill Tatarinov, all of whom will report to me for the interim."

Several of the division's most important product launches are already behind it, such as the May launch of the mainstay Office 2010 and Sharepoint 2010 packages. Had those been ahead Microsoft might have been more pressed to find a replacement, but the launches went well and business is good, said Ballmer.

"The [Microsoft business division] business continues to grow and thrive, with 15 percent growth in the last quarter," he wrote in the e-mail. "It has been good to see the great response to Office 2010 and SharePoint 2010, the growth of our Dynamics business and the way we have been successful in extending all our [Microsoft business division] products and services to the cloud."

An ongoing focus of the division is the move from the desktop to the cloud, and seamless access to data from PCs, Web browsers and mobile phones. Microsoft is expected to launch its latest mobile phone operating system, Windows Phone 7, in the coming months and the product offers integration with Microsoft's business software products.

Microsoft is already working with several handset makers on Windows Phone 7 devices, but Nokia has instead been focused on the Symbian and Meego operating systems that it helped develop.

The departure of Elop to Nokia will undoubtedly raise expectations that Nokia could end up with a Windows Phone 7 device, and Ballmer's closing line in his e-mail to employees could fuel those rumors.


"I appreciate the way that Stephen has been a good steward of the brand and business in his time here, and look forward to continuing to work with him in his new role at Nokia."

But at least one analyst thinks talk of a Windows Phone 7 handset from Nokia is premature.

"I think that's a jump too far. I think it's highly unlikely at this stage. Nokia have set a course to control their own software," said Ben Wood, director of research at CCS Insight.

He noted the two companies already have a close working relationship on the enterprise side, and that Microsoft's focus on consumers with Windows Phone 7 has left a gap in the market for business phones that Nokia has targeted with its Eseries phones.

Microsoft declined to comment further on what Elop's departure means for the company or what plans it has in place to hire a replacement.



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Casual vacancies in the Australian Parliament

From Wikipedia

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In the Parliament of Australia, a casual vacancy is caused when a member of either house (the Senate or the House of Representatives):
  • dies
  • resigns mid-term
  • is expelled from Parliament and their seat is declared vacant , or
  • has their election successfully challenged on the grounds that they:
    • are a subject or citizen of a foreign power or under an acknowledgment of allegiance, obedience or adherence to a foreign power
    • are attainted (convicted) of treason
    • have been convicted and are under sentence or subject to be sentenced for an offence punishable by imprisonment for one year or longer under a State or Commonwealth law
    • are an undischarged bankrupt or insolvent
    • hold any office of profit under the Crown or any pension payable during the pleasure of the Crown out of any Commonwealth revenues
    • have any direct or indirect pecuniary interest in any agreement with the Commonwealth Public Service in any way other than as a member in common with other members of an incorporated company consisting of more than 25 persons
    • take the benefit, whether by assignment, composition, or otherwise, of any law relating to bankrupt or insolvent debtors
    • directly or indirectly take or agree to take any fee or honorarium for services rendered to the Commonwealth, or for services rendered in the Parliament to any person or State
    • have been convicted of bribery, undue influence or interference with political liberty, or have been found by the Court of Disputed Returns to have committed or attempted to commit bribery or undue influence when a candidate (the disqualification is for two years from the date of the conviction or finding) or
    • are of unsound mind .

Casual vacancies are handled in different ways depending on the house concerned.


Senate

Casual Senate vacancies in the representation of the States

When a Senate seat representing one of the six states becomes vacant, Section 15 of the Australian Constitution requires the parliament of the relevant state to choose a replacement. This is done in a joint sitting of the upper and lower house (except for Queensland, which has a unicameral parliament). In the event that the state parliament is not in session, the Governor of the state (acting on the advice of the state's executive council) may appoint the replacement, but such an appointment lapses if it is not confirmed by a joint sitting within 14 days.

Prior to 29 July 1977, it was an established convention, but not a constitutional requirement, that the state parliament choose (or the governor appoint) a replacement from the same political party as their predecessor. It had also been the practice for the relevant party to provide a list of suitable names to the state premier, and for the state parliament to make the choice. In 1975, both these conventions were breached - in the former case, twice.

On 9 February 1975, Lionel Murphy (Australian Labor Party, New South Wales) resigned from the Senate to take up an appointment as a judge of the High Court of Australia. On 27 February, the NSW Liberal Premier Tom Lewis appointed Cleaver Bunton, a former long-serving Mayor of Albury, who was not affiliated with any political party. Bunton sat as an independent senator.

On 30 June 1975, the Queensland Labor Senator Bertie Milliner died suddenly. The Labor Party gave only one replacement name to the Country Party Queensland Premier Joh Bjelke-Petersen - that of Mal Colston. However, on 3 September, at Bjelke-Petersen's instigation, the Parliament of Queensland appointed Albert Field to the vacancy. Although he had been a member of the Labor Party for 30 years, Field was now openly critical of the Labor government of Gough Whitlam, and he was immediately expelled from the party for accepting the appointment. Field took his seat in the Senate as an independent. However, there were doubts as to his constitutional eligibility to sit at all; although he had resigned from the Queensland Department of Education the day before he was appointed, the Education Act (Qld) required three weeks notice of resignation and he was therefore technically still in Crown service (this technicality had been ignored many times in the past). The Labor Party immediately challenged Field's appointment in the High Court, and he was on leave from the Senate from 1 October for the remainder of his short-lived term, which ended when the parliament was dissolved on 11 November.

On 21 May 1977, a referendum was held on the question of whether the Constitution should be changed to require future Senate casual vacancies to be filled by a member of the party represented by the former senator at the time of their election. The referendum was passed and came into effect on 29 July 1977. Where a senator had been elected representing a certain party, and changed allegiances to a different party mid-term, and then died or resigned, the replacement senator would be a person representing the first party. This was first implemented when Senator Steele Hall, who at the time of his election represented the Liberal Movement but had later changed to the Liberal Party of Australia, resigned and was replaced by Janine Haines. She represented the Australian Democrats and was chosen because the Liberal Movement had merged with the Democrats.

Casual Senate vacancies in the representation of the Territories

When a Senate seat representing the Australian Capital Territory (ACT) or the Northern Territory (NT) becomes vacant, the replacement senator is chosen by the ACT Legislative Assembly or NT Legislative Assembly, under s.44 of the Commonwealth Electoral Act 1918. Where the assembly is not in session, the choice is made by the Chief Minister of the ACT or the Administrator of the NT, as the case may be.[7] This process was used for the first time on 18 February 2003, when Gary Humphries was chosen by the ACT Legislative Assembly to replace Margaret Reid, who had resigned from the Senate on 14 February.

Prior to the ACT gaining self-government in 1989, ACT and NT casual Senate vacancies were the subject of a different law: s.9 of the Senate (Representation of Territories) Act 1973, as amended by the Senate (Representation of Territories) Amendment Act 1980. Under this provision, the replacement senator was elected by a joint sitting of both houses of the Federal Parliament. This only ever occurred twice:

  • when Margaret Reid was elected on 5 May 1981 to replace the deceased ACT Senator John Knight
  • when Bob McMullan was elected on 16 February 1988 to replace former ACT Senator Susan Ryan, who had resigned.

This provision would still be used to fill a casual vacancy in the representation of any external territory, in the event that such a territory ever gains separate Senate representation.

[edit] House of Representatives

Casual vacancies in the House of Representatives are filled by by-election, at which only the voters in the relevant electorate vote.

There is no constitutional requirement for a by-election to be held. When a general election is expected within a relatively short time, it has often been the practice not to hold a by-election. This has been justified on the grounds that: (a) the electors of the seat in question should not be burdened with voting twice within a short period of time, when their views are hardly likely to change significantly in that time; and (b) the cost of holding a by-election is considerable, and it is ultimately the taxpayers who bear this.

If the Speaker considers it appropriate to hold a by-election, he or she consults with the Australian Electoral Commission as to the suitability of various dates, invites comments from the various party leaders about the proposed dates, makes the final choice, and issues the writ.




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