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Have You Thought About Your Succession Plan?

December 4th, 2012 ::

By Karen Axelton

Do you own a family business? Do you have a business partner (or more than one partner)? Do you hope to sell your business and retire on the proceeds one day so you can spend your time playing golf? If the answer to any of these questions is “Yes,” then you need to be thinking about a business succession plan.

A succession plan lays out how your business will run if you should leave the company, sell the company, die or be incapacitated. Much like writing a will, creating a succession plan is something many business owners put off because they don’t want to think about it. But much like failing to write a will, failing to draft a succession plan could destroy your business if unforeseen incidents occur.

Begin your successon planning by thinking about who you would like to have in charge if you’re no longer in the business. This might be your business partner/s, your spouse or a child who works in the business (or even one who doesn’t). If the person you’re considering is someone who might not expect to fill this role (like your spouse), talk to him or her about the issue and whether they have any interest in filling your shoes.

Put the right legal documents in place to ease the transition. Talk to your attorney and accountant. Your form of business will affect what documents are needed. For instance, how will your shares of the business transfer to your successor? Will a buy-sell agreement be needed in case existing shareholders don’t want to work with the successor and he or she needs to buy back their shares? Just like a will, you need documentation to ensure your wishes are carried out.

Another important step in succession planning is making sure the transition is properly financed. For example, a key man life insurance policy could provide the funds for your successor to buy out partners’ shares in the event you die. Your accountant can point out financial needs that may arise and how to fund them.

Part of the financial aspect includes planning for your retirement and how you will transfer ownership and assets in the business to your successor. Again, your accountant can guide you through options such as selling the entire business, selling your shares to the successor or partners, or even selling your business to your employees.

Last, but not least, think about what would happen if illness or accident left you unable to work for a while. This could actually be an opportunity to “test drive” your succession plan by having your successor work in the business. If he or she doesn’t currently work for the company, consider having the person do so at least part time to get up to speed, or otherwise familiarizing him or her with the issues of your role.

A good succession plan will ease your worries and your family’s worries about the future of your business. (If you have a family business, it can also smooth over concerns about who will take your place.) Don’t delay in setting one up.

Image by Flickr user chispita_666 (Creative Commons)

 

 

Web.com Small Business Toolkit: startupPerColator (Document Creator)

November 30th, 2012 ::

startupPerColator

Need a legal document for your business? startupPerColator is a user-friendly, interactive website that enables entrepreneurs to generate the legal documents needed to form a Delaware “C” corporation, free of charge. Available documents include a Certificate of Incorporation, Bylaws, Action by Written Consent of the Sole Incorporator, Action by Unanimous Written Consent in Lieu of the Organizational Meeting of the Board of Directors and an Action by Written Consent of the Stockholders. To help entrepreneurs to get startup financing, startupPerColator also offers users access to a free, customizable term sheet generator that the firm developed based on National Venture Capital Association (NVCA) model documents.

 

Health Care Reform: Myths and Realities

November 27th, 2012 ::

By Maria Valdez Haubrich

While the news is full of big companies crying foul about health care reform now that President Obama has been reelected, how are small businesses reacting? The primary sentiment among small business owners is mass confusion, reports eHealth’s Fall 2012 Small Employer Benefits Survey.

The poll of small businesses and self-employed people found that 77 percent of small employers were holding off on their long-term expectations of how health care reform might impact their business. The biggest concern (held by 61 percent of small employers) was the cost to their businesses. However, 25 percent were struggling simply to understand what health care reform would mean to their companies.

eHealth took a look at the realities of health care reform and asked small business owners their beliefs and found a big disconnect. Here are some of the myths and realities.

Health Care Reality: Under the ACA, employers with fewer than 50 full-time employees are not required to buy health insurance for those employees.

Health Care Misunderstanding: Only two employers in the survey had more than 50 employees. However, one-third (34 percent) incorrectly thought they would be required to provide insurance for employees in 2014, and about the same number (35 percent) weren’t sure if they would be required to do so. Only 31 percent knew they will not be required to provide health insurance.

Health Care Reality: If you have fewer than 50 employees, you don’t face a tax penalty of any kind if you don’t provide health insurance for your employees. Employers with 51 to 199 full-time employees must pay a $2,000 tax penalty for each employee who buys health insurance through an insurance exchange. But they don’t have to pay taxes for the first 20 employees who do so.

Health Care Misunderstanding: Thirty-four percent (34 percent) of the employers in the survey thought they would be taxed if they didn’t offer health insurance in 2014, and 35 percent weren’t sure. Only 31 percent correctly said they wouldn’t be required to pay a tax for not offering insurance.

Health Care Reality: The Affordable Care Act calls for health insurance exchanges to be created in each state in 2014. Exchanges will allow employees to buy subsidized health insurance on the individual market even if they have a pre-existing medical condition. If you feel guilty about not offering insurance, this could ease your mind by making it easier for employees to get insurance on their own.

Health Care Misunderstanding: The vast majority of small business owners (78 percent) admit they aren’t familiar with health insurance exchanges or how the exchanges might affect their businesses.

Despite their uncertainties, the majority (68 percent) of respondents did not plan to stop offering health insurance to their employees. About one-third said they would consider dropping insurance, but just 3 percent said they definitely plan to do so.

Image by Flickr user twbuckner (Creative Commons)

 

Web.com Small Business Toolkit: K&A Health Care Credit (Health Care Credit Evaluator)

November 14th, 2012 ::

K&A Health Care Credit

Not sure if you qualify for the Health Care Tax Credit? Kellogg & Andelson want to help you figure it out. The Small Employer Health Insurance Tax Credit (IRS Code Sec. 45R) is part of the Patient Protection and Affordable Care Act (PPACA), President Obama’s signature health care law that was upheld by the Supreme Court earlier this year. You might be eligible to receive a tax credit of as much as $50,000 per year for 2010 and 2011. Up to 4 million employers may be eligible for the credit, yet fewer than 172,000 claimed it in 2012 because some were unaware and others found the calculations too complex. K&A will help you determine whether you qualify and then prepare your paperwork to help you get what’s owed you.

Web.com Small Business Toolkit: Piikki (Receipt Management)

November 13th, 2012 ::

Piikki

Developed for both the iPhone and iPad, Piikki is an easy way for you and your employees to keep track of business receipts by simply taking a picture of the receipt and automatically saving the information digitally. Once the image is saved, the information can be emailed to your accountant and the receipt tossed in the trash. Tools help you categorize your receipts–dining, gas, software, utilities—and you can add your own categories to suit your business’ specific needs. You can also browse your receipts by alphabet, category, timestamp and location. Receipts are always password protected in case your phone is lost or stolen.

Web.com Small Business Toolkit: Family and Medical Leave Act Advisor (Health Benefit Website)

November 2nd, 2012 ::

Family and Medical Leave Act Advisor

Is your business required to offer employees the Family and Medical Leave (FMLA) benefit? If so, do you know which employees are eligible for FMLA leave, what entitlements and benefits are provided under the law, and in what situations FMLA leave can be used? All of your questions can be answered at the Department of Labor’s Family and Medical Leave Advisor website. FMLA covers everything from caring for a newborn to a sick relative to some military reasons, and it’s important to know the rules so your business is always in compliance.

How to Reduce Your Small Business’s Tax Bite

November 1st, 2012 ::

By Karen Axelton

Now that the presidential election is less than a week away, one of the big questions that’s been hanging over small business owners’ heads for the past year or so is about to be resolved: Will taxes rise or fall?

Three-fourths (77 percent) of small business owners surveyed in the new Hartford 2012 Small Business Success Study believe their taxes are likely to rise. If so, small business owners report they will offset the higher taxes by passing costs on to customers (66 percent), delaying expansion plans (58 percent), reducing personal investments in their business (55 percent) and putting on a hiring freeze (54 percent). However, only 28 percent say they would lay off existing staff.

Small business owners are already making many of these same moves in response to the uncertain economy. The most common steps entrepreneurs report taking to deal with slow economic growth are cutting costs (80 percent), strengthening existing client relationships (76 percent), prospecting for new clients (69 percent) and refining their business strategy (65 percent).

Asked for more specifics about what they’re doing to cut costs, 68 percent say they’re taking less money out of the business, 57 percent are investing less in expansion, 52 percent are reducing owner/partner compensation and half are hiring fewer employees.

The Hartford study found that taxes were the second-biggest issue concerning small business owners (slow economic growth was the biggest concern, cited by 67 percent of respondents). Despite this passion about taxes, the study also found that one-third of business owners surveyed aren’t taking advantage of tax incentives or deductions that are available to their businesses. That’s mostly because they don’t know what these incentives or deductions are (37 percent) or do not qualify (35 percent).

What can you do to pay the fewest taxes, no matter what the outcome of the election?

  • Keep accurate records and up-to-date financial statements so you can document any deductions you take in case of an audit.
  • Make sure you’re working with your accountant and tax advisor to take all the deductions and exemptions you and your small business are entitled to.  Trying to prepare your taxes on your own can cost you more than you save.
  • Keep up with industry newsletters, blogs and publications to stay on top of tax changes that apply to your type of business. Unless your accountant specializes in your industry, even he or she may sometimes miss new changes that could save you a lot on your tax return.

Image by Flickr user photosteve 101 (Creative Commons)

 

 

Is Your Small Business at Risk of Being Sued?

October 30th, 2012 ::

By Maria Valdez Haubrich

If you think lawsuits against businesses only happen to big corporations, think again. According to statistics released by Bolt Insurance Agency, more than half (57 percent) of lawsuits affect companies making less than $1 million in revenue, and one out of every three small business owners has been sued or threatened with a lawsuit.

Even if your small business is not at fault and wins the suit, the cost of defending yourself can seriously deplete your business bank account or, in some cases, even be enough to put your company out of business. According to the statistics cited by Bolt, small businesses’ out-of-pocket costs related to lawsuits top $35.6 billion annually. Aside from the financial costs, nearly three-fourths of small business owners (73 percent) report that a lawsuit hurt their reputation and creditworthiness; 74 percent say it led to an increase in the cost of their products or services; and 71 percent say it forced them to cut back on hiring.

What if the worst happens and you actually are found liable? The average amount that juries award to plaintiffs in a consumer product liability lawsuit is $279,309; in a commercial product liability lawsuit, it’s $725,000; and in a medical, industrial or construction product liability lawsuit, it’s more than $1.25 million.

One area of particular concern for small businesses is employment-related lawsuits. The number of harassment claims (related to issues such as age, sex and disability) has risen by 25 percent since 2006.

The reality is, no matter what your business does (or doesn’t do), you are at risk of a lawsuit. How can you lessen that risk? Of course, buying liability insurance is one good way, but Bolt offers some other tips:

  1. Be prepared. Don’t assume a lawsuit can’t happen to you. Honestly assess risk areas in your business. (An insurance agent, your attorney and/or your HR team or consultant can help here.)
  2. Put things in writing. Don’t close deals on a handshake. Always have signed contracts in hand before starting work for new clients. Also create employment contracts for use when hiring new employees.
  3. Don’t ignore employee complaints. When a minor grievance between employees turns into a harassment claim, it’s often because the boss doesn’t take the complaint seriously. Investigate all complaints by your employees and document what you find. Talk to your attorney if you have concerns about a situation escalating.
  4. Don’t be penny-wise and pound-foolish. If you’re trying to save money by not buying insurance, or by not having your attorney create contracts or review documents, you could pay the price later.

Image by Flickr user Wikileaks Mobile Information Correction Unit (Creative Commons)

 

 

Web.com Small Business Toolkit: elaws (Employment Law Assistance)

October 22nd, 2012 ::

eLaws

Knowing which employment laws apply to your small business can be confusing. It’s important to comply with the laws, but can be difficult to do if your company isn’t big enough to have its own HR department. The elaws Advisors from the U.S. Department of Labor are interactive e-tools that provide easy-to-understand information about a number of federal employment laws. Each Advisor asks questions and provides answers based on the responses you give. The online Advisor simulates the interaction you would have with an employment law expert. Also look here for updated DOL employment laws that may apply to your business.

What’s Stopping Your Small Business From Getting Paid?

October 9th, 2012 ::

By Karen Axelton

The nation’s small business owners are feeling increasingly optimistic, but are still struggling with cash flow concerns, according to the most recent Western Union Small Business Barometer. More than three-fourths (79 percent) of small business owners in the nationwide poll were optimistic that their annual revenue would either stay stable or increase in the next 12 months.

That’s good news, but concerns about cash flow and sustaining revenues top the list of worries that plague small businesses. Here’s some of what the survey found:

The smallest businesses are much more worried about their financial stability. Twenty-four percent of those with sales of $100K-$250K and 21 percent of those with sales under $100K cite “getting paid to ensure cash flow” as a top concern.

When it comes to money, small business owners are exhibiting a cautious rather than growth-oriented mind-set. Asked what they would do with extra cash reserves, 57 percent say they would pay outstanding bills and 47 percent would save the money. Just 22 percent would invest in sales and marketing, and only 16 percent would invest in IT, facilities or systems.

Asked what is the best part of owning a small business, the number-one answer was “control over income.” Yet small business owners in the survey are failing to take control of their income by performing some key steps that could help them get paid faster and more reliably, including:

Electronic invoicing. Over three-fourths of small businesses in the survey still use non-electronic invoicing. More than half print from a software program and hand-deliver or mail their invoices, but 25 percent still handwrite invoices.

Electronic invoicing is simple to do today, and many clients (particularly in business-to-business industries) prefer it. If you’re worried that electronic invoicing is too costly, consider this: The smallest businesses—those with sales under $100K—were most likely to use electronic invoicing. This could be because they’re younger (and have younger owners), or because they’re on tighter budgets and realize how cost-effective electronic invoicing can be.

Following up on late payments. Small business owners’ approach to late payers is less than effective. When faced with past-due payments, the vast majority (80 percent) send another invoice. About one-third send a past-due notice or an email. Just 38 percent make a phone call.

Thirty-one percent admitted the reason they send emails is to avoid a confrontation.  No one likes to confront a client, but if you’re concerned about getting paid, you need to bite the bullet and pick up the phone. Emails can easily go unanswered—phone calls less so. And often, a simple conversation is all it takes to clear the air, work out a payment plan and ease your worries about whether you’ll ever get the money you’re owed.

How do you handle these issues?

Image by Flickr user meddygarnet (Creative Commons)