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Small Business Success Index 5

Index Score*   Grade
73 marginal
Capital Access 67
Marketing & Innovation 65
Workforce 76
Customer Service 88
Computer Technology 75
Compliance 92
*Index score is calculated on a 1-100 scale.
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Compliance Articles


Small Biz Resource Tip: e-SignLive.com

February 2nd, 2012 ::

e-SignLive.com

No one likes to wait for the signed document to show up in the mail, but a live signature is still required for many business contracts and forms. e-SignLive.com offers a free high-tech solution and an alternative to the pen-on-paper signature. Signers can sign from any device, and there’s no software to download. You can even have multiple signers, and everything is customized to the authentication level you require. If your business requires similar documents be signed over and over, you can create a template to use multiple times. Also, set a due date so signers know when the signature deadline is coming up.

 

Does This New IRS Form Affect Your Small Business?

January 31st, 2012 ::

By Maria Valdez Haubrich

Will your business be affected by the new 1099-K form the IRS is rolling out this year? Business Finance reports that businesses accepting payments by credit card, debit card, gift card or online payment options such as PayPal, you could be getting 1099-K forms in the mail.

The form or forms will be sent to you payment settlement entities such as banks if gross payments to your business by that entity in 2011 totaled 1) more than $20,000 and 2) more than 200 transactions. Payment settlement entities report the information to the IRS as well; the forms are due to small businesses by today, January 31.

The new reporting requirement was created as part of the Housing Assistance Tax Act of 2008 and is intended to make sure that merchants accurately report their income from credit and other payment cards. The goal is to increase compliance in reporting income among merchants, and over 10 years, the new requirement is expected to raise more than $9.5 billion in taxes on income that would otherwise have gone unreported or underreported.

Business Finance says the 1099-K forms will include contact information on both the entity filing the tax return and the payee; the gross amount of merchant card or third-party network payments the payee received in 2011, detailed by month. If your company gets a 1099-K, you must report the amounts on your business taxes.

If you sell products and services, you might get a 1099-K and a 1099-MISC reporting the sale of the same service, Business Finance notes. If so, you will have to contact the entity that issued the forms and ask them to correct the error, or they will be reporting your income twice to the IRS.

You can find detailed explanations about 1099-K forms and information on how to report the income on your tax forms at the IRS website.

Image Courtesy Karen Axelton

 

 

Small Biz Resource Tip: Wave Accounting

January 24th, 2012 ::

Wave Accounting

For many businesses just starting out, and even for those running operations with just a few employees, hiring an accountant is an unnecessary expense. Wave Accounting is a free online accounting solution that can help you with features such as unlimited invoicing, expense tracking, reporting, personal finance and more. Perfect for businesses with less than nine employees, Wave Accounting gives you multiuser and multi-business access and eliminates the pain of manual entries for many business transactions. To enable the solution for free, Wave offers business suppliers a place on their site to offer you other needed business solutions.

If You’ve Misclassified Workers, IRS Program Can Help

January 17th, 2012 ::

By Karen Axelton

Has your business classified workers as independent contractors who should really be classified as employees? This sensitive issue is a big concern for small business owners. More and more entrepreneurs are relying on independent contractors to handle their workloads, but the definition of “independent contractor” can be hazy. The Department of Labor is taking new aim at this problem for 2012, according to Compensation Café, and is joining with the IRS to share information, help reduce misclassification of employees and improve employer compliance.

The Labor Department will be focusing on enforcing laws and auditing employers, but the IRS is being a bit more forgiving. The agency’s Voluntary Classification Settlement Program, part of its “Fresh Start” initiative, allows business owners to come forward voluntarily and settle their misclassification issues instead of trembling in fear of an audit.

VCSP has several advantages:

  • Businesses can reclassify workers as employees for future tax periods and pay just 10 percent of the employment tax liability that results from this reclassification for the most recent tax year.
  • There are no penalties or interest on the employment tax liability.
  • The IRS will not audit your business on these workers’ classifications for prior years.

However, it’s not all peaches and cream. In order to get these terms, you must agree that the standard three-year “look-back” window for the IRS to review your employment taxes (and see if you owe more money) is extended to six years.

To apply for VCSP, complete Form 8952, Application for Voluntary Classification Settlement Program, at least 60 days before you want to begin treating the workers as employees. Your business must also meet these eligibility criteria:

  • Workers to be reclassified must have been consistently treated as non-employees;
  • Employer must have filed the appropriate 1099 forms for the prior three years;
  • Employer cannot currently be undergoing a classification audit by the IRS, Department of Labor or any state agency;
  • If the employer was previously audited by the IRS, DOL or any state agency, it must have complied with the results.

Being accepted into the VCSP program is not automatic; however, even if the IRS rejects your application, the agency has said that this rejection doesn’t automatically trigger an audit of your business. You are also allowed to reapply for the program in the future.

Compensation Café notes, however, that although the IRS and the DOL are collaborating on this issue, the DOL isn’t offering amnesty. That means participating in the VCSP program could lead to your business being assessed back taxes, penalties and fines by the DOL and/or state agencies. So before plunging into VCSP headfirst, talk to your accountant to determine how this could affect your payroll, benefits programs, unemployment and workers compensation insurance, and the possible additional penalties you might face.

Image by Flickr user MoneyBlogNewz (Creative Commons)

Small Biz Resource Tip: Timesheet

January 12th, 2012 ::

Timesheet

Sometimes keeping track of the time spent on a project can get complicated, and when there’s more than one project going on, time can “get away” from you. For an easy solution for recording how much time is spent on a project, check out the Timesheet app available on the Android Market website. The app makes it easy to start the clock on a project, add breaks, make notes and add project details. At any time you’ll be able to see overviews and statistics on the project, and you can export the data to an Excel file (XLS, CSV) or to XML format.

Small Biz Resource Tip: IRS: Starting, Operating, or Closing a Business

January 5th, 2012 ::

IRS: Starting, Operating, or Closing a Business

No matter what stage your business is in, it’s important to know what the legal requirements are, especially when it comes to paying taxes. The IRS website has dedicated information to help small business owners navigate through the confusing waters of tax compliance. If you’re starting out you can find out the tax implications of each type of business structure (corporation, LLC, etc.) plus how to select an accounting method and retirement plan. Other sections include operating a business (employment taxes and deductible business expenses) and information on closing a business, such as what documents need filing and what to do with revenue received.

 

The New Risk to Your Business From Employees’ Social Media Use

December 28th, 2011 ::

By Rieva Lesonsky

I know you’ve heard about the risks to your business’s reputation from employees using social media irresponsibly. Whether it’s an employee who gives a flippant response on your company’s Facebook page, accidentally reveals future business strategies or posts criticism of your company on his or her own personal accounts, there are many ways social media can go haywire. But now there’s a new worry: Employees who run social media accounts for your business could quit your company—and take their “followers” with them when they enter competitive businesses.

CFO.com recently reported on a California case in which an employee who managed a company Twitter account left the company and took the account—and its 17,000 followers—with him. (He just switched the account into his own name.) The company valued the followers at $42,000 and sued the ex-employee for stealing company property and causing “damages to its business, reputation and goodwill, including lost users and user opportunities.”

A federal court denied the employee’s motion to dismiss the suit, which is moving forward. However, the company has some hurdles to jump to prove its case. First, they’ll have to prove they owned the account and went through the proper measures to protect it, such as keeping the password confidential. They’ll also have to prove the monetary value of the account.

With social media being such an informal mode of marketing, it’s easy to see how this type of situation could arise. You have an employee start a Facebook or Twitter account, he or she gets good at it and catches on—and you never put anything in writing as to your ownership of the account or restrictions on it. CFO.com notes that social media can now be considered part of a company’s “goodwill” and, as such, needs to be valued and protected like any other form of goodwill.

CFO.com suggests three steps to protect your business from such a situation:

  1. Review all the social media accounts your company uses and which employees manage them.
  2. Update your written social media policies (you do have them, right?) to reflect your ownership of the accounts and set parameters.
  3. Finally, regularly monitor and measure the ROI on your social media accounts to that, if worse comes to worst, you’ll be able to put a monetary value on the accounts.

Your own attorney can give you specific advice on protecting your accounts. As social media becomes an ever more important part of a small business’s marketing mix, cases like these will only grow in number. Take the right steps to make sure you never find yourself in the middle of one.

Image by Flickr user David Drexler (Creative Commons)

Small Biz Resource Tip: Small Business Health Care Tax Credit

December 27th, 2011 ::

Small Business Health Care Tax Credit

Your business may be eligible for the Small Business Health Care Tax Credit. Enacted as an incentive for small businesses to provide health insurance coverage to their employees, the Patient Protection and Affordable Care Act includes a tax credit worth up to 35 percent of health care costs for tax years 2010 through 2013. On January 1, 2014 the rate will increase to a maximum 50 percent credit. Even if you did not owe any taxes, you can carry the credit back or forward to years you do owe. And if you qualify but forgot to claim the credit, you can still submit an amended claim. To see if you qualify, check the “3 Simple Steps” document on the IRS website.

Is It Time to Buy Back Your Stock From Investors?

December 19th, 2011 ::

By David Worrell

Do you have investors you wish you had never taken on? One way to take back control of your company from investors is to buy back their stock. In this guest post, small business finance expert David Worrell shares some advice on how to know when it’s time to buy back stock—and how to make the process work.

One of my clients recently told me he hated going to work. He’s an entrepreneur, but over the years he has given stock in his business to investors, partners and key employees that he feels as if he’s lost control.

My client wanted to buy back the stock he had sold to investors and partners so he could take back control of his company.  That might sound tricky, but it doesn’t have to be. And in the current economy, now could be the perfect time for a stock buyback.

Why Now?
Every investor wants an “exit.”  At some point – whether now or later – they want to cash out and go on to the next big thing.

These days, cashing out is an attractive offer. As stocks and real estate continue to languish, even the wealthiest of investors are looking for ways to shore up their cash position. Now could be the perfect time to offer your investors cash for their equity.

Further, the lingering recession means that investors have lower expectations for the value of their stock.  Even if your company is doing well (and particularly if it is not!), the price you can offer investors might be lower than you think.  Perhaps it is even lower than their original investment.

It’s just good business to buy low and sell high – and the price of your stock has likely never been lower.  Can you buy it back now and make it worth more?

How to Make a Stock Buyback Work
Make no mistake – a stock buyback can be expensive and painful in the short term.  Unless you are independently wealthy, finding the cash to pay to stockholders probably means one of two things: taking out a sizeable loan from a bank, or pledging current cash and future profits from the business.  Either way, you are looking at squeezing your cash flow and profitability in the near future.  Start planning now for a successful buyback:

(1)  Tighten your belt.
Start to cut out discretionary spending now.  You’ll want to prioritize savings in the short term.  See how efficiently you can run the business while you are paying back investors.

(2)  Visit the bank.
What you cannot save, you will have to borrow.  Talk with your banker today about how much you can borrow, repayment terms and other details.

(3)  Then visit 3 more banks.
In extreme cases, a stock buyback can quickly turn into a complete recapitalization – a restructuring of debt and equity to make the company more capital efficient. You may need the help of larger banks, mezzanine lenders and perhaps even new equity investors.  Line up as many supporting players as you can.

(4)  Get objective advice.
Stock buybacks should be a celebration, but if mishandled they can become a nightmare. It’s always best to have a third party – an investment banker, valuation expert or general finance consultant is best – with whom you can discuss details and plan strategy.

(5)  Know the code.
Together you and your advisor should review your shareholder agreements and other prior investment documents so you know your starting position. Be sure you honor all of these prior agreements with the shareholders.

(6)  Start the conversation.
Eventually this will become a negotiation.  For now, start the conversation on a positive, friendly note.  Thank investors for helping you grow the company.  Ask them about their long term investment goals.  Play “what if” with them – pose questions like “what if I could make you an offer for your shares?”  Let them open up and tell you what’s important to them.

When you have bankers willing to back you, a finance advisor to guide you, and a fair understanding of what your investors want (or deserve), you’re almost home.  Rely on your finance consultant to keep things moving forward (and to keep everyone’s emotions in check).

Lastly, one precaution: Don’t let your eagerness to re-take control cause you to pay more than the stock is worth. This transaction will fundamentally change the financials of the company, and a bad deal could sink the whole ship.

Remember, when this transaction is done, the business will be back in your hands.  You won’t be beholden to shareholders, but neither will you be able to rely on them in a jam.  So be sure you emerge from this with a stronger company…because for better or worse, it’s all yours!

David Worrell is a serial entrepreneur who now advises entrepreneurs on finance and strategy issues.  He can help you take your business to the next level (or buy back stock). You can contact David at www.RockSolidFinance.com.

Image by Flickr user Alan O’Rourke (Creative Commons)

 

How Changes in HR Regulations Will Affect Your Small Business in 2012

December 15th, 2011 ::

By Karen Axelton

Does your small business have employees? If so, there are some changes affecting your treatment of those employees in 2012 that you need to be aware of, HR Morning reports–many of them relating to health insurance. Here’s what you need to know to stay in compliance for 2012.

Changes to W-2 reporting requirements:

Starting in 2012, companies with 250 or more employees are required to report how much each employee’s health care coverage costs on the employees’ W-2 forms. If you have fewer than 250 employees, you are off the hook until at least 2014 (when 2013 W-W-2 forms are issued, although there’s a good chance this will be delayed any further.

Changes to 401(k) fee disclosure regulations:

Beginning January 1, 2012, employers that sponsor 401(k) plans or similar retirement plans for their employees will have to disclose all the associated fees and expenses to the employees. You have 120 days to comply, so the real deadline is April 30. The goal of the change is to make it easier for employees to understand the costs of various plans so they can make informed decisions about investing.

HSA rollovers will end:

The deadline for your employees to transfer the balance of a Flexible Spending Account (FSA) or Health Reimbursement Arrangement (HRA) into a Health Spending Account (HSA) is December 31, 2011. Rollovers will be prohibited after January 1, 2012.

New federal regulations on health care:

Some aspects of health care reform have been delayed, so keep an eye out for further guidelines from the federal government on how employers will need to comply with these reforms once they are implemented. Two areas to watch for:

  • Summary of benefits and coverage: Under health care reform, all health plans must give participants a summary of their benefits and coverage. The original deadline of March 23, 2012, has been indefinitely delayed and the federal government has not issued a new one (or said when they plan to).
  • Nondiscrimination rules will apply to any health-care coverage that isn’t “grandfathered” in. This will prevent companies from offering either former or current executives any coverage that average employees don’t have access to as well. The federal government is expected to issue a deadline fairly soon as to when these rules will kick in.

Image by Flickr user Walt Stoneburner (Creative Commons)

DISCLAIMER: The information posted in this blog is provided for informational purposes. Legal information is not the same as legal advice — the application of law to an individual’s specific circumstances. The information presented here is not to be construed as legal advice. Network Solutions recommends that you consult an attorney if you want professional assurance that the information posted, and your interpretation of it, is appropriate to your particular business.