Archive for the ‘Legal & Tax’ Category

New Business Name? Make Sure It’s Protected

Written By Alerus Small Business Connect, January 30, 2012

You’ve brainstormed, daydreamed, asked your friends and family, and more. It’s certainly not easy to come up with the right name (or revised name) for your business, but you’re 80617612finally there. Almost.

Now what? Get ready to shout it from the rooftops? Not exactly. There are three legal step “to-dos”:

Learn more about the ins and outs of naming your business, and check out the U.S. Small Business Administration for additional information on registering your business.

Happy naming!

 

Hurry! Last-Minute Tax Deductions

Written By Alerus Small Business Connect, December 29, 2011

Have you done everything possible to reduce your tax burden? While time is fleeting, there are still a number of things you can do that will enable you to take advantage of tax write-offs. In addition to reviewing these tax calculators, consider these ways to add to your deductions:

  1. Give cash year-end bonuses – Like any compensation, the bonuses you give to employees are tax deductible.tax deductions
  2. Give company stock as a year-end bonus – If you’re willing to share ownership with your employees, you can give company stock as bonuses.
  3. Buy new equipment – Need a new computer? Some heavy machinery? Office furniture?
  4. Buy used equipment – If you’re trying to save money by buying pre-owned items, you can still claim a generous write-off.
  5. Donate cash – Your business can make cash donations to IRS-recognized charities.
  6. Donate inventory – Instead of giving cash, you can use inventory to benefit a charity.
  7. Set up a qualified retirement plan – You can shelter your profits while saving for retirement by adopting a qualified retirement plan, such as a 401(k) or profit-sharing plan.
  8. Pay outstanding bills – Cash-basis businesses can deduct the payment of invoices when they are made.
  9. Order next year’s supplies – Buy now what you expect to use next year.
  10. Renew subscriptions and membership dues. – Before the end of the year, decide which subscriptions and dues in professional and trade associations you’ll want for next year.

Learn more at this CNBC.com article by guest columnist Barbara Weltman but hurry: January 1 is right around the corner!

 

Small Business Tax Trends for 2012

Written By Alerus Small Business Connect, December 12, 2011

105940022Are tax debate and discussions (as well as those focused on the federal deficit) likely to decrease in 2012? Most likely not! As we get nearer to the November elections, the topic of taxes will certainly be even more front and center. Until then, here are some notable tax trends for 2012:

  1. Taxes will remain a political football. The wrangling in the Super Committee, which failed to reach a consensus by the November 23, 2011, deadline, demonstrates the ongoing political nature of taxes.
  2. Tax audits are on the rise. According to one KPMG survey, tax audits of businesses have increased. Corporate executives who were surveyed reported a 61 percent increase in federal tax disputes; 37 percent reported an increase in state tax audits.
  3. Uncertainty about health care rules remains. The fate of the Patient Protection and Affordable Care Act of 2010 is uncertain. The U.S. Supreme Court has agreed to hear a case brought by the NFIB and 26 state attorneys general involving the constitutionality of the law.
  4. Some favorable business tax rules will be extended. Numerous tax rules are set to expire at the end of 2011. Likely, many will be extended, at least through 2012.
  5. State and local governments scrounge for new sources of revenue. The federal government is not the only government thirsty for more revenue. Many state and local governments are in dire need and are looking for any way to raise revenue.
  6. Unemployment taxes will go up for some employers. Employers in 20 states will be paying higher federal unemployment (FUTA) taxes. The reason: Their states borrowed from the federal government to pay for unemployment benefits and have not yet repaid the borrowed sums.

And more.

To learn about additional trends and dive into those above, check out an article written by Barbara Weltman that first appeared on Small Business Trends. Most likely the only sure thing about taxes is that they’re not going away. Remember to stay watchful of opportunities that can assist you, and use resources such as the tax calculators within the Tools section of Small Business Connect.

 

Home Office Deduction Simplification Bill Introduced by Congress Today

Written By National Association for the Self-Employed, May 13, 2011

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Bill Would Create Optional Standard Deduction

The National Association for the Self-Employed (NASE) is thrilled to lend support to legislation introduced today by Congressmen Kurt Schrader (D-OR) and Ron Kind (D-WI) which would simplify taxes for millions of small business owners. 

The Home Office Deduction Simplification Act, HR. 1827, would allow home-based businesses to take a standard $1,500 deduction for home office expenses. According to an NASE study, more than half of small businesses are based out of a home office.

“Too many home-based business owners who are eligible for the home office deduction elect not to take it because of the complexity of the form and calculations required,” said Kristie Arslan, Executive Director of the National Association for the Self-Employed (NASE). “This means valuable tax refund dollars that could be invested back into the business are left on the table each year. The creation of an optional standard deduction will go a long way in easing the minds of these cautious business owners. The fact that this bill ensures that the standard deduction will be adjusted for inflation also ensures that future businesses will be able to take advantage of this tax benefit for years to come.”

“I’ve built two small businesses from scratch,” said Schrader. “And I can tell you from experience that the complexity of our tax code hinders business growth. By making it easier for Oregon small businesses to pay their taxes you can encourage them to expand their operations and hire more workers – and job creation is exactly where Congress should be focusing our time right now.”

“Small businesses are the backbone of our economy,” said Kind.  “They are generating two out of every three jobs right now, serve as important anchors in our communities, and are vital to our economic recovery.  It is critical that we help these economic engines by providing the resources and tax credits to make it easier and fruitful to own and maintain a small business during this tough time.  I will continue working to provide the resources our small businesses need to grow, hire, and drive dollars back into our local communities.”

Schrader and Kind introduced similar legislation in 2009 with Republican co-sponsors. However that legislation remained in committee when Congress adjourned. This year’s version, H.R. 1827, was referred to the Committee on Ways and Means for consideration.

 

The National Association for the Self-Employed (NASE) is the nation’s leading resource for the self-employed and micro-businesses, bringing a broad range of benefits to help entrepreneurs succeed and to drive the continued growth of this vital segment of the American economy. The NASE is a 501(c) (6) nonprofit organization and provides big-business advantages to hundreds of thousands of micro-businesses across the United States. For more information, visit the association’s Web site at www.NASE.org.

 

Tax Time: Deducting The Business Use Of Your Automobile

Written By National Association for the Self-Employed, March 4, 2011
Small Biz Owners Often Overlook This Important Deduction
 tax

Business expenses come with the territory when you are an entrepreneur. Some expenses, however, can be easy to miss come tax time because they do not show up in your business checkbook. Use of your car for driving to client meetings, the office supply store, the post office and more are deductible expenses because you are using your vehicle for business purposes.

Here are a few tips from the National Association for the Self-Employed (NASE) to remember in regard to deducting expenses for business use of your automobile:

  • The Standard Mileage Rate is 50 cents per mile driven for business in 2010.
  • If you would rather calculate by hand, use the Actual Expense Method. Manually calculate costs of maintaining and driving the car as a percentage of total miles driven for business.
  • Calculate both to see which gets you the better deduction.

“The main thing the IRS will want to see in supporting this deduction is your mileage log.” says NASE National Tax Advisor Keith Hall. “You must keep track of the miles you drive for business, whether it’s on your computer or handwritten in a notebook.”

The NASE iPhone application TripAlly tracks, calculates and records miles driven to create the ultimate tax-deduction mileage log. Whether you need to track miles for your small business, charitable contributions, for employee reimbursement, or simply because you want to know, TripAlly can help. Download TripAlly at the iTunes App Store.

 Click here for more details on TripAlly.

  

About the NASE

The National Association for the Self-Employed (NASE) is the nation’s leading resource for the self-employed and micro-businesses, bringing a broad range of benefits to help entrepreneurs succeed and to drive the continued growth of this vital segment of the American economy. The NASE is a 501(c) (6) nonprofit organization and provides big-business advantages to hundreds of thousands of micro-businesses across the United States. For more information, visit the association’s Web site at www.NASE.org.

 

IRS Explains New Tax Incentives Available in 2010 for Small Businesses

Written By U.S. Senate Committee on Small Business and Entrepreneurship, January 6, 2011

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The Internal Revenue Service (IRS) released the 2010 Tax Changes for Small Businesses fact sheet this week.  Last year, the Small Business Jobs Act of 2010, along with Patient Protection and Affordable Care Act, provided key tax incentives for small businesses and self-employed individuals. The IRS facts sheet highlights 2010 tax changes and details how taxpayers claim benefits.  Senator Mary L. Landrieu, D-La., Chair of the Senate Committee on Small Business and Entrepreneurship and a lead sponsor of the Small Business Jobs Act of 2010, made the following comment on the release on the new tax information:

“Through reforms in our nation’s troubling healthcare system and by providing  more than $12 billion in immediate, targeted tax incentives to small businesses, the last two years have been about supporting American’s small businesses.  As Chair of the Senate Small Business and Entrepreneurship Committee, it has been my priority to find avenues to improve our nation’s economy and put dollars back into the pockets of America’s entrepreneurs.  With tax season upon us, IRS is making sure taxpayers are aware of these important deductions available to them.  As we convene the 112th Congress, I will continue to fight for these small businesses to ensure that they continue to receive the tax incentives they need to drive our economy.”

The IRS fact sheet breaks down the tax portions of the Small Business Jobs Act of 2010 and the Patient Protection and Affordable Care Act that are available to eligible small businesses in 2010.  The document details the self-employed health insurance deduction, which allows self-employed individuals to deduct their health care costs for payroll tax purposes.  In addition, the 2010 fact sheet outlines ways for small businesses to take advantage of the Small Business Health Care Tax Credit and the General Business Credit for Employers as well as higher expensing and depreciating limits for small businesses. 

The complete fact sheet with the tax incentives available for small businesses for the 2010 tax year please click here.

 

Micro-Businesses Want A National Energy Policy

Written By National Association for the Self-Employed, July 7, 2010

Cite Tax Credits And Reducing Oil Dependency As Top Priorities

 

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Despite a challenging economic climate, saving on energy costs remains a priority for many small business owners. Fifty percent of micro-business owners have made efforts to reduce their energy costs by implementing energy-saving measures in their home and business, according to a study undertaken by the NASE. Forty percent of respondents indicated they had implemented energy-saving measures in their home only, while only nine percent of respondents indicated they had not undergone any energy-saving changes in their home or business.

In light the current oil spill in the Gulf of Mexico, 59 percent of small business owners believe that policymakers should prioritize a national energy policy. The priorities of small business owners in regards to the components of a national energy policy were closely divided between reducing dependence on oil (25 percent), avoiding the imposition of overly burdensome and costly regulations on businesses (23 percent), saving their family and business money on energy costs (21 percent), and improving the environment and the quality of air and water (18 percent).

“Micro-businesses understand that a smart, forward-thinking energy policy will help small business and our nation in the long term. Reducing our dependence on oil by cultivating clean energy will create jobs and business opportunities for small businesses while also lowering energy costs for entrepreneurs and all Americans,” commented Kristie Arslan, executive director of NASE’s Legislative Offices.

When asked about specific energy proposals suggested by Congress and the Administration, micro-business owners were in favor of tax credits and proposals to reduce oil dependency. Eighty percent of survey respondents favored tax credits to individuals who implement specific energy-saving measures in their homes, and 76 percent favored grants and tax credits to small businesses to help them afford implementation of energy-saving measures in their business. Sixty percent favored increasing the use of nuclear power and the creation of new power plants, while 61 percent favored tax subsidies to energy companies to encourage the expansion of alternative energy sources. However, 58 percent of respondents opposed the creation of a cap-and-trade system that would limit emissions of greenhouse gases.

Almost half (49 percent) of survey respondents indicated they were willing to undergo and pay for the implementation of energy-saving measures in their home and/or business. Of those that were unsure or unwilling to implement these measures, 46 percent indicated that this was due to cost. 

For the full survey results, please visit NASE’s Research & Statistics website.

Methodology:
Posted on the NASE Web site, the survey was available for members and other small business owners to take in June. Over 400 small business owners opted-in to the online survey and respondents were prohibited from taking it more than once.

NASE_fullname_2cThe National Association for the Self-Employed (NASE) is the nation’s leading resource for the self-employed and micro-businesses, bringing a broad range of benefits to help entrepreneurs succeed and to drive the continued growth of this vital segment of the American economy.  The NASE is a 501(c) (6) non-profit organization and provides big-business advantages to hundreds of thousands of micro-businesses across the United States.  For more information, visit the association’s web site at www.nase.org

 

What to do if your business is sued

Written By Peter Zuger, April 30, 2010
Peter Zuger

Peter Zuger

You receive notification that your business is the subject of a lawsuit. What would you do?  While your first instinct might be to panic, there are two courses of action that are a better use of your time and energy.

1.      Hire an attorney

You may believe you can successfully represent your business in the lawsuit, but courts don’t typically share your confidence. In fact, many courts require that you hire an attorney for the litigation process. Doing so makes the legal system work most efficiently. 

At a minimum, your attorney will:

  • Draft papers to be filed with the court — even in states that don’t require professional legal representation, when a business owner tries to file papers on his or her own behalf, the documents can be declared void, meaning the documents will have no legal effect.  If the papers have no legal effect, the business owner can be said to have failed to appear in court.  And if the business owner fails to appear, a judgment can be entered against the business for failing to appear in court.  
  • Appear in court proceedings — state courts like to have court proceedings run as smooth as possible. Business attorneys have the background necessary to accomplish that task. Business people, untrained in law, usually slow up the process. Most states require professional representation in court, regardless of your business structure.

2.      Watch what you say

You’ve heard the line in the movies; “Whatever you say may be used against you in a court of law.” Think of that when you want to comment on your case outside the courtroom. Anything you say, whether verbally, in writing or electronically, could be used against you. And you’re not alone. The same applies to anyone employed by your company.

The suggestions here may be common sense when things are going smoothly and you’re thinking rationally. But when the heat has been turned up by the threat of a lawsuit, you can be sure plenty of business owners fail to hire an attorney and fail to watch what they say.

Hiring an attorney makes the litigation process run more smoothly for both your business and the judicial system. And, by not making statements to other people, either in person or by some form of written communication, your business stands a better chance of success in the courtroom.

 

Peter Zuger was born in Bismarck, North Dakota. He attended the University of Mary in Bismarck, where he graduated in 2003. He went on to receive his J.D. degree from the University of North Dakota School of Law in 2008. While in law school, Mr. Zuger was a member of the Board of Editors for the North Dakota Law Review, won UND’s Moot Court and Mock Trial competitions, and was a semi-finalist in a regional trial competition hosted by the American College of Trial Lawyers.

After law school, Mr. Zuger served as a law clerk for the South Central Judicial District in Bismarck, North Dakota. Mr. Zuger joined the firm in 2009. His practice areas include commercial litigation, trial work, and banking law.

www.serklandlaw.com