August, 2011


15
Aug 11

Sales and marketing is the backbone

Sales and marketing is the backbone of all fortune 100 companies. Sales and Marketing is our passion, helping others grow their business is pleasure.  Sales and marketing is enough of a challenge for most businesses.  If sales and marketing is separated, companies who have short-term instability will generally find that sales can produce the most accurate forecast with an input from marketing for the longer term.  The Internet’s increasing role in sales and marketing is explored in new material on social media and social networking, using the Internet to build brand awareness, and sales and marketing in the Web 2.

Marketing is not just about the commercial processes involved in promoting, selling and distributing a product or service, it is principally about providing products and services to meet the changing needs and demands of the customer group.  Marketing plans can either be comprehensive, or quick and to the point.  There is no marketing without sales and no sales without marketing.  Effective telemarketing and well-developed marketing campaigns can make a huge difference to your bottom line.  However, many times they find that sales and marketing is more difficult and less authentic than they envisioned.

Collaboration between sales and marketing and go-to-market execution will come more naturally if we each focus on our basic management skills: Leadership, communication, planning, organizing, staffing, and controlling.

Customer selection and acquisition is just the beginning of the customer relationship life cycle.  Customer growth strategies generally focus on increasing the share of each customer’s expenditures by expanding its company’s range of products/services.  Through hard work, honest dealings, and doing what we say we will do, we have established great relationships with our distributor and trade (pull through) customers. 

Maximise new business potential with central sales lead creation, opportunity tracking, task delegation & reminders React faster to sales and marketing opportunities and provide better customer service Allow company wide Customer Relationship Management Have everyone singing from the same “hymn sheet” with organised information Enable coordinated communication & collaboration throughout the Sales and Marketing teams & company Minimise sales administration by streamlining & improving document creation Improve consistency in quotations & proposals and generate more accurate sales forecasts Share valuable sales and marketing information, whilst keeping it safe with security policies.  We have companies and customers that we have worked with for 30 plus years.

Results

Strong work ethics and commitment are core values I bring to this business that leads to the results you expect.

Customers

The most important thing in sales and marketing is to attract and retain your most profitable business customers.  In order to accomplish this feat, you must devise and implement a customer strategy that builds, fosters, nurtures and extends relationships with your customers.  It is crucial, however, not to lose sight of the importance of continually acquiring new customers.  CRM is the process of tracking and managing all aspects of a company’s interaction with its customers, including prospecting, sales, and service.

Systems

In a demand-driven environment where the stress is made on meeting consumer expectations, careful demand forecasting is only reached when a collaborative process integrates different forecasting systems.


14
Aug 11

Weights For Sale

New to weight lifting and looking to get some weights for sale? When you are out in the market to look for your first set of weights for sale, you will be surprised to see the amazing variety available! Pick up anything from barbell weights for sale, dumbbell weights for sale to the hex dumbbells and even the Olympic weights for sale as well as the 5 or 7 foot bars. It does take some time for a beginner to get used to the terminology and to understand their training requirements.

 

Before you even begin thinking about getting those weights for sale, think of your ultimate goal. This means your short term goal though. Are you looking to lose weight or to build muscle? Weight lifting could also be for developing muscular balance or to build muscular endurance. For each of these different goals, you require a different approach to weight lifting.

 

Since the primary reason for a majority of beginners is to lose fat, let us understand this in terms of getting weights for sale for losing fat. First and foremost losing fat is very different from losing weight. When you simply do cardio or do not exercise, the scales may still tell you that you are experiencing weight loss each week. However, you are losing muscle as well. You guessed it, this is not an ideal situation â you need muscle to lose fat. So even when you are closer to your short term goal of being lighter, you are cheating yourself!

 

Burn fat when you do compound exercises. What this means is repeatedly use different muscles. For this get the barbell weights for sale so you can lift as heavily as is possible. Choose from Gold’s 110kg Olympic barbell weights for sale or the York 50kg barbell and dumbbell weights. These weights for sale may still not come very cheap but they will last you a lifetime.

 

When out there looking for weights, you can check out the York weights for sale. These are the best in fitness weights brands. However, do not confuse these with York Barbells. York weights for sale will get you great value with the best in functional range of weights. Whether you are a beginner or an experienced bodybuilder, this is the best in weights that you can get for your daily regimen.

 

Weights for sale give you the best opportunity to finally shun all those excuses for not exercising. A gym membership does not come cheap? Right, but now free weights for sale (not attached to a gym) can take care of that. If you find that exercising alone gets a bit demotivating after some time, just purchase a few DVDs for your level of training. Do not ever push yourself to do something that hurts and you will be able to enjoy your new weights on sale! Get online on eBay or a car boot sale to get the best in weights for sale and lift that fat out of your life.


12
Aug 11

Sales Tips With Trade Show Exhibition Booth

Trade show booths can act as an excellent source for generating sales enquiries in the short run. Companies are able to demonstrate their products or services and get instant enquiries at the booth which on timely follow up can result in sales. Some of the tips on how to maximize the benefits of a trade show booth as a sales tool are mentioned below:

1. On-Spot promotion schemes: This is an age old trick which works well at trade shows. Firstly it makes the visitor stop at your booth for more than a few seconds. Secondly, a structured promotion method quickly puts the visitor through the benefits of the products (obviously in an attractive fashion) and then a decision making opportunity is thrown at the visitor introducing them to on the spot interesting offers. Offers can range from products sold on the spot at attractive pricing, free gifts with purchases, extended time period of services, lifetime warranty and the like. The more innovative the offer, more the likelihood of success.

Assuming that the product and the promotion offering are attractive for the users, the on-spot promos can recover all costs of the trade show plus earn the company a healthy profit. Quick checks with the organizers need to be done before the event to ensure that onsite sales are permitted.

2. Get your customers to speak to the visitors: Admitted that this might be a bit tough to execute, but if you have a large enough trade show booth, then it might be an excellent idea to schedule live interaction sessions where you have satisfied customers promoting the product. This can have fantastic results in terms of sales enquiries generated at the event.

A well known software company promoted the client’s company during a well known industry trade show and developed content to display on how their software solution helped the customer’s business. This ‘gimmick’ got the visitors to stop and take a look and interested visitors did take a seat and sit through the entire presentation. Needless to say, there is no better sales tool than satisfied customers.

Should getting customers to the event not possible, you should try using client references on your display material for maximum impact. You would of course need to get permission from the clients to be able to put their names on to the display materials.

3. Free coffee anyone? : Some sales personnel might feel that giving away complimentary food and drink at a trade show booth is a waste of good money. They may very well be right. However, if you have a good prospect in front of you, the chances of stopping him a couple of minutes longer are increased with the opportunity of offering him a cup of steaming coffee.

Another strange thing that happens at stands offering complimentary food or drink is that there is usually some people standing around the booth making it look busy. You will be surprised how people get attracted by seeing a busy trade show booth. It has something to with the human perspective of being attracted to crowds but does work to your advantage in a busy trade show.

4. Focused communication: Various steps taken towards focused communication at a trade show booth can enhance the chances of on spot sales and generation of genuine sales enquiries. Though this is mentioned in detail in another article, printed hand outs should be of good quality and carry all information about your product or service in a cohesive fashion.

The fact that trade shows are effective can only be further confirmed by noting the increase in the number of trade shows in the past few years.


11
Aug 11

How to Find Foreclosed Homes; Where to find Foreclosure Home Listings

How to Find Foreclosed Homes; Where to find Foreclosure Home Listings






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Home » Real Estate » How to Find Foreclosed Homes; Where to find Foreclosure Home Listings







How to Find Foreclosed Homes; Where to find Foreclosure Home Listings












Foreclosure homes can be a fantastic investment opportunity for both the investor and the prospective homeowner. Here are a few easy ways to find foreclosed home listings.











Instructions




1

Call your realtor and tell them that you are specifically interested in being shown foreclosed homes.

There are two things to know when getting into shopping for a foreclosed home; one, your realtor will be a big help in finding out which homes on the market are foreclosure listings. Two; you will likely need a professional realtors help in order to navigate the sometimes murky waters of buying a foreclosed home. Get a realtor!




2

Look for online foreclosure listings. There are some that are free while others charge membership or usage fees, either way, the thousands of dollars that you save buying a foreclosed home will be well worth the small fee you might pay to find your dream home being sold at a dirt cheap price!Content




3

Contact your bank and let them know that you would like a list of foreclosed homes in your area. Considering that banks often end up “owning” these homes and their debts, they will happily oblige.

This is an especially easy option if you are looking for a foreclosed home for purchase in a small town; investors may be off with option 2 on this list.














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“How to Find Foreclosed Homes; Where to find Foreclosure Home Listings” is managed by dkrunner




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Foreclosed Homes Trashed
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Foreclosure Angel: Stranger Buys Foreclosed House at Auction and …
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littlequayluty:
@danieltosh or he’s living in a foreclosed home in a gated neighborhood. 4 Months ago








awienick:
MT @mizeeyore: Socially stagnant boomer = hasn’t been laid off or foreclosed on. Reality hasn’t hit home (yet). // or discriminated against 4 Months ago








awienick:
MT @mizeeyore: Socially stagnant boomer = hasn’t been laid off or foreclosed on. Reality hasn’t hit home (yet). // or discriminated against 4 Months ago








mizeeyore:
@awienick Socially stagnant boomer = one who hasn’t been laid off or foreclosed on. Reality hasn’t hit home (yet). 4 Months ago








buscar1:
Realtor’s video gets BofA’s attention: The men said they were there to perform work on a foreclosed home – on or… http://bit.ly/hlT2bA 4 Months ago






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9
Aug 11

What Caused America’s Foreclosure Crisis?

According to Professor Kirby Cochran (University of Utah), this situation goes all the way back to the dot com era of the 1990’s when that bubble burst.Investors bailed out of the stock market in droves and went looking for safer alternatives for their money. 

A new investment instrument called “Collateralized Mortgage Obligations” (CMO’s) became the rage.These were securities backed by residential real estate mortgages.At the time, virtually everyone was comfortable with real estate due to its historical stability and steady growth.So, most investors were comfortable putting their money in CMO’s and they did it in droves.The amount of money that flowed into CMO’s was enormous.The dot com money had found a new home in this new investment vehicle.

As a result of this tsunami of dollars flooding the CMO market, to keep up with the demand, lending institutions began loosening their borrower qualifications for mortgages, resulting in a flood of sub-prime loans to under- qualified borrowers.Creative new loan programs were developed including adjustable rate mortgages (ARM’s), interest-only mortgages, etc.

The result was that millions of new people were qualifying for home loans across the country and the demand for homes far outstripped the supply.Builders were working 24/7 to try to meet the tremendous demand and were selling homes before they were even built.Existing homes for sale were selling at ridiculous premiums.It was a feeding frenzy and the price of homes continued to go up each year.So people were buying homes they couldn’t afford, assuming that the prices would continue to go up along with their equity.

Foreseeing a foreclosure train wreck on the horizon, the Federal Reserve began to act.They started raising the Federal Funds Rate at a furious pace in an effort to increase interest rates and slow the rate of borrowing.Well, it worked –interest rates increased as planned.The downside was that as Adjustable Rate Mortgages matured, mortgage payments increased to a point where many people could no longer afford to make their monthly payments.

Lending institutions with heavy positions in sub-prime mortgages (where the borrower typically had weak or bad credit but qualified for the loan anyway) had no option but to pursue foreclosure proceedings and were left holding title to mortgages with no payments coming in.Wall Street investment banks who had taken huge positions in CMO’s (recall that these are securities backed by mortgages) were in the same boat.And this proved to be more like the Titanic as we began to see major institutions fail.

Meanwhile, millions of homeowners are now caught owing more on their homes than the homes are worth.So, they can’t afford to sell or they will lose money due to negative equity.Worse, because of the maturity of their ARM, they can’t afford to make the monthly payments. The net result is: FORECLOSURE.

And that is what caused today’s foreclosure crisis.

AUTHOR’S BIO:

John Hanlin is an Independent Investment Consultant specializing in high yield, low risk investments secured by real estate and is a seasoned investor of over 25 years. John is the owner of the investors’ website www.JohnHanlin.com & author of “The LazyMan’s Guide to Understanding Foreclosures & REO Property Investment” (available at www.LazymanCompany.com)

Disclosure: John Hanlin is an investment consultant and an active investor in foreclosure properties.


8
Aug 11

The Tax Consequences of Foreclosures

The Infernal Revenue Service. Those demons in suits can be quite good at kicking a person when they are down. One of the things not well understood by many people are the tax consequences of foreclosures.

A person has lost their home. They get booted out into the street; have their credit ransacked and destroyed for many years to come. After suffering all of these ignominies and defeats the IRS comes knocking for their share of the “profits”

The IRSViewpoint on Foreclosures

Bad things sometimes happen to good people, why would the IRS come after someone for being foreclosed on? Well the IRS doesn’t view it as punishment. It works like this: Banks must inform the IRS anytime they forgive significant debts. If someone is forgiven a 10,000 dollar debt, they now have 10,000 available that they didn’t have before.

An Example of the Tax Consequences of Foreclosures

Let’s look at a concrete example. John Doe purchased a house for 0,000. He has been paying for years and has some equity in the house, but he still owes the bank 0,000. The bank forecloses and sells the house 0,000. The bank then writes off and “forgives” the remaining 70,000. Because of this John’s credit score is shot for many years to come. The thing is, since his loan was forgiven the IRS see’s John as having made ,000 in profit, he owed that much money that he does not now owe.

When people do not understand this it can be very surprising to suddenly find a bill in the mail from the IRS.

What can be done to mitigate the damage of foreclosures?

One action that is important to take is to get an appraisal of the home before foreclosure. This keeps the bank from setting the price “too low” just to get it off their books. If John’s house were appraised high and sold for 185,000 his obligation to the IRS would be minimal If the tax hit is high enough bankruptcy is always an option. It will crumble what little bit is left of your credit dignity, but will alleviate the difficulty. Taxes owed are not absolved through bankruptcy but perceived “gains” are so if you do not have the gain you do not have the tax. This is really an option of last resort, though. Certainly seek the financial assistance of a true expert LONG before it gets to this point.


7
Aug 11

Selling Your Home When You Are Upside-Down in a Short Sale Could Save You $500,000

Don’t we all love the home we live in?   Our kids are in established schools, we have lots of memories in the house, we love our neighbors, we’ve redecorated. The list goes on.  Moving would be hard.  Letting our neighbors know that we are facing financial difficulty would also be really hard.

So if you are faced with a negative equity position in the current home you live in – you owe 0,000 and it’s worth 0,000, which is common in many San Diego neighborhoods where we work – there is both an emotional and financial decision to be made.  Many who are facing foreclosure do not want to give up the house, yet the cost of keeping it could set you back for years to come, rather than just selling it via a short sale in San Diego.  The pre-foreclosure market has heated up and ironically it may save you 0,000 to sell your home rather than keep it.

A loan modification is attractive for many people because of the emotion attachment to the house.  After all, it is your home, not just some investment to be dumped at a whim. But what if I told you that financially it will cost you about a half a million dollars just to hold that home instead of selling it through a short sale?

Let’s do the math.

Your house is in San Diego, California and your loan is for 0,000.
It was originated in July of 2007 when you bought your house in Carlsbad, California at a 6.5% fully amortizing rate (meaning you are paying down the loan).
If it is a 30 year loan you will pay 0,177 in interest alone for the loan when it pays off in 2037.
This coupled with paying all the principal would cost you 0,177 to payoff the loan.

That’s a lot of money!   If you needed to sell the house before the paydown of the loan to sell it at today’s price in San Diego you wouldn’t be able to do that until 2027 – that’s 18 years from now!  Hopefully prices will go up in San Diego in 18 years, but what if you needed to sell in 5 years? In 5 years you would still owe 5,000 – that 2,000 in negative equity to be made up in a very short period of time.

What if lenders are not granting short sales at that time? You will still not have made any money on that house, you will have paid out ,339 in interest and principal – AND YOU WILL GET NONE OF IT BACK. The bank still might take your home.

So let’s look at the scenario where you got out today in a short sale, and bought another house in 1 year, which is possible if you are aggressive with your credit repair.

Sell the house for 0,000 – that’s 0,000 forgiven.
Expect a credit hit, but in one year houses will still be dirt cheap.
In San Diego houses are still experiencing a decline in prices.  So say in one year that house is now worth 5,000 and you buy a similar one in the same neighborhood with 10% down.
Your loan would be 7,500.
For comparison sake let’s assume the interest is 6.5%, fully amortizing for 30 years.
Your total interest paid for the life of the loan would only be 0,244.
To pay off the entire loan over 30 years you would end up paying 7,244.

That’s a savings of 2,993.00 – a half a million dollars!

So by moving on, particularly if you are facing a financial difficulty, you will not only get out of your negative equity situation (and essentially be losing money), but you will save over 0,000 by getting out and getting back in.

What would you do with that money?  Pay for college education for your kids?  Save up for retirement? Pay off other debts?

Let me ask you, does it financially make sense to stay in the home?  I know you love it, but separate out the emotions from the finances.

What ultimately will be better for you? Find out HERE


6
Aug 11

Auto Sales Jump, Upswing Seen For 2011

U.S. auto sales rose to the highest rate in 16 months in December, and major automakers forecast the recovery would gather momentum in 2011 as the industry distances itself from one of its deepest slumps ever.

Auto sales are one of the first snapshots of U.S. consumer demand. The 11 percent rise in December auto sales stands as the latest in a string of indicators including unexpectedly strong factory orders for November pointing toward growing confidence in the recovery.

U.S. auto sales rose more than 11 percent in 2010 to almost 11.6 million vehicles, snapping a four-year slide that forced the Detroit automakers into a wrenching restructuring that included government-directed bankruptcies for GM and Chrysler.

In a year-end surge that took the industry by surprise, the annualized sales rate for December jumped to almost 12.6 million vehicles, the highest rate since August 2009 when the U.S. government’s “Cash for Clunkers” trade-in incentives touched off a short-lived boom.

Major automakers, including Ford and GM, said they expected that sales for 2011 could top the 13 million-vehicle level. Analysts said that estimate could prove conservative if the momentum of recent months continues.

“We have seen real improvement in actual consumer demand, particularly in the last quarter of 2010,” TrueCar.com analyst Jesse Toprak said.

General Motors Co’s sales rose 7.5 percent from a year earlier in December. Ford Motor Co’s sales rose 6.7 percent and the carmaker overtook Toyota Motor Corp as No. 2 in the U.S. market for 2010.

The gains for the top U.S. automakers underline the stunning turnaround in the fortunes of GM and Ford. Shares of Ford, which avoided a bailout, have gained more than 70 percent over the past year.

Shares of GM are up 13 percent from a November initial public offering that marked the automaker’s reemergence as a listed company after a U.S. government bailout.

GM shares closed up 2.3 percent at .90 and Ford stock gained 0.75 percent to .38 on Tuesday.

Toyota, which has been struggling with the aftermath of a safety crisis that surfaced in late 2009, posted a sales decline of almost 6 percent in December.

For 2010, Toyota sales were almost flat from 2009, the worst of the downturn when industry-wide sales were at the lowest level since the 1980s.

Other major automakers posted double-digit percentage gains for December. Chrysler sales rose 16 percent and Nissan Motor Co sales rose 28 percent. Sales for Honda Motor Co were up 21 percent.

Hyundai Motor Co’s sales gained 33 percent. Its affiliate Kia Motors posted a 45 percent gain, continuing a trend that has seen the Korean brands take share from rivals in a recovering U.S. market.

Hyundai has benefited from Toyota’s stumbles, an improved reputation for quality and its ability to undercut established competitors on price.

“South Korean carmakers will continue to be ahead of Japanese rivals because of new model effects, the favorable currency and improved brand image,” Korea Investment & Securities analyst Suh Sung-moon said.

He expected Hyundai and Kia to further increase their U.S. market share to 8.4 percent this year, from last year’s 7.7 percent.

Shares in Hyundai and Kia rallied 4.7 percent and 3 percent, respectively, in Asian trade on Wednesday, while Honda fell 0.6 percent and Toyota and Nissan rose less than 1 percent.

CONFIDENCE ON THE RISE

Major automakers cited a range of negative factors that represent an overhang for the U.S. economy and auto sales, including the drag from a still-weak housing market, high unemployment and the threat of rising gasoline prices.

But executives and analysts said the increased availability of loans for consumers, rising used car prices and improving consumer confidence had tipped the balance toward continued recovery for the auto industry.

“I think people are a lot more confident in making big purchases now. That’s the story of the fourth quarter,” Al Castignetti, the head of Nissan sales, told Reuters. “I think we’re going to see slow, steady growth.”

GM and Ford both reported a jump in sales to retail customers through dealerships, a category considered the best indicator of underlying demand.

GM said it expected industry-wide U.S. sales of about 12.7 million to 13.2 million vehicles in 2011, excluding heavier work trucks. Ford forecast sales at about 12.2 million to 13.2 million vehicles on the same basis.

Nicholas Colas, chief market strategist at brokerage ConvergEx Group, said the stronger GM sales for December could force analysts to raise earnings forecasts for the fourth quarter.

“The key variable here is pricing, which improved in the month,” Colas said in a note for clients.

In a sign of increasing confidence in the pace of recovery, Ford said it would begin to push its inventory levels over the 400,000-vehicle level that it has maintained in recent months.

One of the bright spots for the Detroit automakers has been the rise in sales of trucks in recent months, including the pickup trucks used heavily in construction and by other small business owners.

For December, sales of Ford’s market-leading F-Series pickup trucks were up almost 14 percent. Sales of the rival Chevy Silverado rose 32 percent.

Sales of trucks and SUVs remain key for the U.S. automakers because they are more expensive vehicles that carry wider profit margins than smaller and more fuel-efficient cars.

OIL PRICES A RISK

Rising oil prices in 2011 could present a renewed challenge to Ford, GM and Chrysler even after efforts by all three automakers to diversify their product offerings and push into more fuel-efficient small cars, analysts said.

“I would label that as my number one risk to watch for 2011,” said Paul Ballew, chief economist at Nationwide.

Toyota, which will detail plans for a range of vehicles based on its market-leading Prius hybrid platform at the Detroit auto show next week, said it could gain ground at a time of rising gasoline prices in 2011.

The automaker forecast a double-digit percentage gain in 2011 sales, outpacing the industry. That would come as U.S. gasoline prices head toward per gallon, a rise of about 30 percent from current levels, it said.

“We’re coming off what was arguably the most challenging time in our 53-year history,” Don Esmond, senior vice president at Toyota’s U.S. sales arm, told reporters.

Beyond the United States, Ford said it expected global sales to hit a record level of between 75 million and 85 million vehicles in 2011 from about 72 million in 2010.

“The global economy is reaching a dynamic phase,” Ford chief economist Ellen Hughes-Cromwick said.

The engine of growth for the global auto industry is expected to remain developing markets led by China and India.

Car sales in India were reported strong in December with Fitch expecting sales growth of up to 15 percent in 2011 driven mainly by a growing middle class and more financing opportunities.

Read here for more information related to Automobile Industry and Automobile Industry India.


5
Aug 11

Outward Transit Insurance – Whether Part Of Taxable Sale Price

Though all these expenses incurred by seller are recovered from the buyer as part of the sale price. In Ex works contracts, the seller’s obligation ends at giving the delivery of sold goods at his factory gate and it is buyer’s obligation and expenditure to pick up the material from sellers gate. However, seller’s in Ex works contracts help the buyers in sending them the goods at the cost and risk of buyer. The actual cost incurred by seller’s in these contracts is reimbursed to them by buyers. Can a seller in an ex works contract of sale arrange to send the goods to buyer at his own risk but at the cost of buyer? Is this valid under the Insurance laws? Will cost of such transit insurance and outward freight be part of assessable value for the purpose of taxing under Central Excise and Sales Tax Act? The Hon’ble Supreme Court also ruled on this issue in the case of Escorts JCB Limited V Commissioner of Central Excise, Delhi II. A detailed study on this aspect in the following article reveals that cost of insurance and outward freight in all such arrangements will form part of sale price and be taxable under the Sale Tax Act. Many big companies having all India operations follow the practice of incurring the expenditure of freight and insurance and then charging equalized freight and insurance to their dealers spread all over India in order to maintain the price of their products in total country irrespective the location of such dealers.

In this respect let us examine the question Can a seller take a marine insurance cover in his own name on the goods sold Ex works by him.

Insurance Law in respect of Marine Policies
All of us know that for an insurance contract to be valid it is necessary that the insured should have an Insurable Interest in the property insured otherwise it would amount to a wager and will be void. In the case of Anctil V Manufacturers life, (1989) A.C. 604, it was held that if this interest is absent, the insurance is illegal and void and no agreement between the parties dispensing with this requirement can be effective. The word ‘Interest’ has been defined to mean ” if the event takes place, the party would gain advantage and if it is frustrated, the party would suffer a loss. Further, the assured must be interested in the subject matter insured at the time of loss, though he need not be interested when the insurance is effected, and where the assured has no interest at the time of loss, he cannot acquire interest by any act or election after he gets aware of the loss.

Insurable interest is not limited to absolute ownership of property but may arise in other ways also. It may be based on ownership whether absolute, partial or limited, legal or equitable. Example : Joint owners, mortgager and mortgagee, trustee or beneficiary. A person without any interest at all can insure as trustee for the person having interest, provided interest in such insurance is not required by statute held in Prudential and Staff union V Hall (1947) K.B. 685. He will then have to hold the claim amounts received as trustee for the interested person. This is under the principle that a party to contract can constitute himself a trustee for a third party of rights under a contract and thus confer rights on the third party. Vondepitte V Preferred Accident, (1932) – 527.

In the case of Escorts JCB Limited V Commissioner of Central Excise, Delhi II, 2002 (146) ELT 31 (SC), the company Escorts had the transit policy in its name for the goods sold by it on ex works basis. The Excise department raised the demand on the company treating the cost of transit insurance and outward freight as being part of the assessable value on the ground that since transit insurance was arranged by the assessee, thus the ownership of the goods was retained by the assessee until it was delivered to the buyer on the reasoning that otherwise there would be no occasion for the seller namely, the assessee to take risk of any kind of damage to the goods during transportation. The Hon’ble Supreme Court in this case overruled the observations of CGAT ruled that :

“The two aspects have been mixed up – one relating to the transaction of sale of the goods and the other arranging for the transit insurance for the buyer and charging the amount expended for the purpose from him separately. In connection with the proposition that insurance can be taken by a third person on behalf of another, reliance has been placed by the assessee on “Chitty on Contracts” Twenty-Eight Edition Vol. 2 Special Contracts P. 978 Chap. 41 Note 007 under the heading “Insurance of Another’s interest”. It is indicated that in varied facts and circumstances and subject to the statutory provisions of contract, it is possible to ensure the interest of another.”

The Supreme Court in the said case also took note of the following :
Para 5-012 at Page 184 of Benjamin’s Sale of Goods Fourth Edition has been made which is to the following effect:
“Insurance. The passing of property is rarely of relevance to insurance. A person can insure goods to their full value against any loss on behalf of anyone who may be entitled to an interest in the goods at the time the loss occurs, provided that it appears from the terms of the policy that it was intended to cover their interest. Also a buyer will have an insurable interest in goods if they are at his risk, whether or not the property has passed to him”.

On the similar facts of sale of goods from depot, the same view taken in the Escorts JCB case was upheld by Supreme Court in the case of Prabhat Zarda Factory Limited V Commissioner of Central Excise (2003) 130 STC 96 (SC)

Sale under the Sales Tax Laws
Section 2(g) of Central Sales Tax Act, 1956 defines ‘Sale’ as 
” Sale with its grammatical variations and cognate expressions, means any transfer of property in goods by one person to another for cash or deferred payment or for any other value consideration and includes :- 
(i) ………………………………
(ii) ………………………………
(iii) ………………………………
(iv) ………………………………
(v) ………………………………
(vi) ………………………………
but does not include a mortgage or hypothecation of or a charge or pledge on goods ;

When is a sale considered as completed
A completed sale requires the presence of following elements :
(1) There must be involvement of two persons competent to contract.
(2) Mutual consent of both the parties to contract.
(3) A thing in which property is transferred from seller to buyer ; and 
(4) Valuable consideration.

In the case of Dy. Commissioner (CT) Vs Jilite Engg. Works (2002) 126 STC 269 (TNTST), it was held that a transaction of sale completes on absolute transfer of property for a valuable consideration. Finalisation of sale price or raising of invoice does not have any bearing on such completion. Where the seller had agreed to sell the goods and purchaser had agreed to buy the goods and the goods were also transferred unconditionally from the seller to buyer, it would be a case of sale.
Thus, a transaction cannot be considered as a sale unless the property in the goods concerned passes from seller to buyer.

Sale Price 
The word sale price has been defined in Section 2(h) of Central Sales Tax Act, 1956 as follows :
“Sale price means the amount payable to a dealer as consideration for the sale of any goods, less any sum allowed as cash discount according to the practice normally prevailing in the trade, but inclusive of any sum charged for anything done by the dealer in respect of the goods at the time of or before the delivery thereof other than the cost of freight or delivery or the cost of installation in cases where such cost is separately charged :”

The definition of sale price in respect of inclusion of freight in sale price was analysed by Hon’ble Supreme Court in the case of Hindustan Sugar Mills Ltd. V State of Rajasthan (1979) 43 STC 13 (SC). The Hon’ble Supreme Court in this case observed as :

“The second part enacts an inclusive clause. It says that “sale price” includes “any sum charged for anything done by the dealer in respect of the goods at the time of or before the delivery thereof other than the cost of freight or delivery or the cost of installation in case where such cost is separately charged”. Therefore, “any sum charged for anything done by the dealer in respect of the goods at the time of or before the delivery thereof” is to be regarded as part of “sale price”, even if it does not fall within the first part of the definition. But there is an exception carved out of this inclusive. Not all sums charged for something done by the dealer in respect of the goods at the time of or before the delivery thereof are covered by the inclusive clause. The cost of freight or delivery or the cost of installation certainly represents an amount charged for transportation or installation of the goods at the time of or before the delivery thereof and would, therefore, fall within the inclusive clause on its plain terms but it is taken out by the exclusion clause, “other than the cost of freight or delivery or the cost of installation in case where such cost is separately charged”. This exclusion clause does not operate as an exception to the first part of the definition. It merely enacts an exclusion out of the inclusive clause and takes out something which would otherwise be within the inclusive clause. Obviously, therefore, this exclusion clause can be availed of by the assessee only if the State seeks to rely on the inclusive clause for the purpose of bringing a particular amount within the definition of “sale price”. But if the State is able to show that the particular amount falls within the first part of the definition and is, therefore, part of the “sale price”, the exclusion clause cannot avail the assessee to take the amount in question out of the definition of “sale price”. Here, on the view taken by us, the amount of freight forms part of the “sale price” within the meaning of the first part of the definition and it is not necessary for the State to invoke the inclusive clause and in fact the State has not done so. The exclusion clause is, therefore, irrelevant and cannot be called in aid by the assessee. We may point out that even if the exclusion clause were read as an exception to the first part of the definition which, as we have pointed out, cannot be done, it cannot avail the assessee. It is only where the cost of freight is separately charged that it would fall within the exclusion clause and in the context of the definition as a whole, it is obvious that the expression “… cost of freight … is separately charged” is used in contradistinction to a case where the cost of freight is not separately charged but is included in the price. It is not intended to apply to a case where the cost of freight is part of the price but the dealer chooses to split up the price and claim the amount of freight as a separate item in the invoice. Where the cost of freight is part of the price, it would fall within the first part of the definition and to such a case, the exclusion clause in the second part has no application.”

IN this case, Supreme Court held that the cost of freight in a FOR destination contract will be part of Sale price and exclusion clause of the definition will not be applicable in this case.
There were similar observations of the Supreme court in the case of 
Cement Marketing company of India Limited V CCT (1980) 46 STC 215 (SC)

In the case of Orient Paper Mills Ltd. V State of Orissa (1975) 35 STC 84 (Orissa), the Hon’ble court observed as follows :
” When the goods are sold, delivery is normally given by the seller at his own place of business or godown. In order to accommodate the customer’s convenience, the seller may also agree to send the goods to the former’s place, but on the condition that the former would pay to the latter such cost as the latter may incur in so sending the goods.
When the seller’s bill or invoice for sale shows any ” cost of freight” charged separately from the price of goods, the presumption is that there have been two contracts, one for the sale of goods and the other for their transportation and it is only the first which earns the “sale price” excluding the latter therefrom”

In the case of Escorts JCB Limited (Supra), the Supreme Court also ruled that even if the insurance policy has been taken by the seller in its own name on products sold by seller ex works, it should be treated as taken on behalf of the buyer and its cost should not be treated as part of assessable value.

Sale Price in case of outward insurance cover taken by seller
The outward transit insurance cover being in the name of seller will not constitute any basis of whether the contract of sale of such goods is ex works or F.O.R customer destination. Courts have ruled that these are two different aspects. A seller in an Ex works contract of sale may agree to the request of the buyer to insurance the goods for him and also may arrange to transport the goods to the buyer at the cost and risk of buyer. In this case, the seller for these two services will be considered to be acting as agent of the buyer.

Can an agent or trustee take up the losses of principal.
All of us are aware of the common law on agency and trust that the agent or the trustee works for and on behalf of the principal. The agent or trustee do not take up any losses suffered while working for principal. Also agent and trustee do not make any profits while working as such for principal. In reference to facts of our case, in case the seller in a ex works contract is charging an amount to the buyer on account of freight charges, which is substantially more or less than the actual freight paid by the seller in his case, he can not be considered to be acting as agent of the buyer for transporting the goods to such buyer. Similarly, in case the seller takes a transit insurance cover in his own name in an ex works contract of sale and also eventually take up the loss on transit loss on him, he can not be considered to be acting as agent of buyer. Example : A seller in a contract of ex works of sale arranged transportation of goods to the buyer and also took a transit insurance cover in his own name thereby paying Rs. 25,000/- as freight and Rs. 5,000/- as insurance premium. The seller charged the buyer Rs. 35,000/- as freight and Rs. 5,000/- as insurance charges.

There is an accident during the transit of goods to the buyer. The seller had to spend Rs. 1,00,000/- towards making the goods in its original condition. Insurance company passed the seller’s claim for Rs. 95,000/-. Seller charged the balance Rs. 5,000/- as an expense in his own books. In this case the seller cannot be treated as agent or trustee of buyer other wise the seller should have passed on this loss of Rs. 5,000/- to the buyer. In respect of freight also, the seller cannot be considered as agent or trustee of buyer as he is charging more than what he has actually spent on this account.

Final test of inclusion of freight and insurance premium
Thus the final test of inclusion of outward freight and outward transit insurance in the sale price will rest on the fact of who carried the risk of goods when these goods were in transit. In case the seller carried the risk and made the claims on insurance company of any loss to goods during transit of such goods to buyers and also charged the losses on account of such claims in his own books, it will be conclusive evidence to show that the sale was not complete during the time goods were in transit and sale got completed only when goods reached the buyers godown. The every expenditure incurred by seller like freight, insurance premium and loading and unloading expenses even if charged separately by seller will be considered part of sale price and subject to tax. 

Second relevant factor in this case would be the amount of freight and insurance premium charged to the buyer. In case the amount charged to the buyer is almost the same amount as has been incurred by the seller then that can be considered as amount reimbursed by the buyer on account of duty done by the seller as agent of buyer. But in case amount of freight and insurance charged to buyer exceeds or falls short of actual amount incurred by the seller on this account, then it cannot be argued that this was done by the seller for and on behalf of the buyer.


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Aug 11

Startup Steps TO Home Business Success

tartup Steps to Home Business Success” guide.

DECIDE WHAT PART OF THE HOUSE TO USE

Select an area away from family activity. The perfect space is a separate room (or perhaps the garage), but any area will do, if it can hold all the business supplies and equipment, and also provide enough work space for desks, tables, or counters.

DETERMINE HOW MUCH TIME YOU CAN SPEND ON THE BUSINESS

Many people start a home business on a part-time basis while raising children or working outside the home. Others start full-time when family and finances allow. However you begin your “Realistics startup steps to home business success”. Figure out how may hours per week you can devote to the business, make a weekly chart of your activities, examine it, and determine where the business fits. Don’t assume you have time and find out later you don’t.

DECIDE ON THE TYPE OF BUSINESS

Make a list of things you like to do, your work and volunteer experience, and items you own that can be used in a business. List possible businesses to start, eliminate any business that isn’t appealing or doesn’t fill a need to people.
For ideas on different types of businesses consult business professionals and expertise, to find out profitable and“Realistics startup steps home business success” that you can start up in your locality

CHOOSE A LEGAL FORM

A sole proprietorship is owned by one individual. it is the oldest form of business, the easiest to start, 
and the least complicated to dissolve. Here are some of the advantages of this business form:

1. You own all the profits
2. Your business is easy and cheap to organize. You don’t need any government approval, although you may be required to carry a city, state or county license. Your only other obligation is to
notify the Internal revenue Service (IRS) for the purposes of
sales tax.
3. You’re the boss 
4. Greater personal incentive and satisfaction. Since you have your investment to lose if your business is not successful, you should be more willing to put time, thought, and energy into the business. And when your“Realistice startup steps home business success” is successful, you enjoy maximum sense of accomplishment since you know its success was dependent
upon your decisions about your management ability alone.

DETERMINE WHERE THE MONEY WILL COME FROM

There are three ways to finance your “Realistics startup steps to home business success” start-up costs: use your own money, obtain a loan, or find investors. If possible, it is better to start small, use your savings, and not worry about repaying a debt. Also keep in mind that since you are a home-based business enterprenuer, chances of qualifying for a loan or finding investors are slim until the success of your “Realistics startup steps to home business success” idea is proven.

GATHER INFORMATION

Spend a few weeks researching home-based businesses. A library or bookstore can provide numerous books on business basics, and on the specific type of business that interest you. 

PICK A BUSINESS NAME AND REGISTER IT

for your “Realistics startup steps to home business success” if the business you choose is different from your name, file an assumed name certificate with your country. You will be notified if another business already has that name, so you can select a new one. Do this before investing in expensive stationery and brochures. It costs only a few dollars to file, and it protects the business name from being used by someone else in the county.

WRITE A BUSINESS PLAN

A good business plan clarifies your ideas and establishes a plan of action. A good business plan should include a description of what you are selling or the services that you are providing, your background and qualifications, who the prospective customers are and where they can be found, what is needed to build the business, how you plan to promote, and how much money is need for start-up costs.

GET AN IDENTIFYING NUMBER

If you are the sole proprietor of the business and have no employees, you may either use your Social Security number or an Employee Identification Number (EIN) as the business number on official forms. If you have employees, or the business is set up as a partnership or corporation, you must obtain an EIN. To do
this, complete IRS Form SS-4 (Application for Employer identification Number) and file it with the nearest IRS Center.

OBTAIN A SALES TAX PERMIT

If the product or service you sell is taxable, you need a state sales tax permit. Call the local tax agency, explain the type of business you have and what you sell, and ask if you need to collect sales tax. If you do, they will send you the necessary information and forms to complete. You also use this tax number when your purchase items for resale.

OBTAIN LICENSES & PERMITS

for your “Realistics stratup steps to business success” i t’s very important not to overlook any necessary license or permit. For example, some cities and counties require a general business license, and most have special laws regarding the regulations and guides to setting up home businesses.

Call to find out what is need for your particular business. In addition, Chamber of Commerce provide information on city, state and country licenses and permits.

SELECT BUSINESS CARDS, STATIONERY, BROCHURES

Spend time on the color, design and paper for these items. They make a definite impression-good or bad- on the people who receive them. If you are not certain what is most suitable and effective, consult a graphics designer or a creative printer who will help you.

OPEN A BUSINESS CHECKING ACCOUNT

Call several banks to find out what services they offer, and what minimum balance, if any, must be maintained to avoid paying a service charge. Also ask about credit card if you plan to offer this convenience to your customers. Bank fees can be significant, so shop around for the best deal. if your personal checking account is with a credit union, see if it can also provide a separate business account. when you open your account, you may need to show the assumed name certificate and business license.

Finally,for your “Realistics startup steps to home business success” investigate obtaining a credit card in the business’s name. If this is not possible, set aside a personal credit card to use for business expenses.

OUTFIT THE BUSINESS

Make a list of everything needed to start the business, but before you buy anything, look around the house for things you already own that are usable. When you are ready to start purchasing, check the classified ads
and garage sales. Both are good, inexpensive sources for office furniture, typewriters, computers, answering machines, etc. But only what is absolutely necessary for start-up, and wait until the business is off the ground to get the extras.