A Smart Business Decision Maker = A Successful Entrepreneur

Many successful business leaders all share a common skill that most people do not posses. Although this skill comes in all forms and is dependent on the amount of opportunities given to them, they all still have to undergo a process whether it takes a long time to process or a very short amount of time. That skill, my fellow entrepreneurs is: Smart Business Decision-making. Every day people from all over the world make decisions. You may not realize it but you, the reader, just made the decision to read this article (Thanks by the way!). However, let’s take it to a business perspective; business leaders, (including yourself) “make dozen of decisions a day” that creates an impact to the success of their company while creating an influence factor to employees as well. “Developing such a skill requires a combination of education, experience, and intuition.”

Marci Martin, author of Business News Daily who wrote the article “How to Make Effective Business Decisions” has stated a great quote: “There are many things that influence how an individual makes decisions. They include emotions, perceived personal and professional risks and rewards, preparation through experience or education, deadlines, stress and a host of others. It is important to mitigate the irrational and embrace the rational.”

Many decisions always comes with a process, as mentioned above, there are many factors that come into play before coming up with a conclusion. Some of those decisions usually come from a “gut feeling” while others come from undergoing a long process of asking others, and a more common form would be the opportunity cost (Is it more beneficial to me than the cost?). As Martin mentioned, the “bottom line is that being an effective decision-maker requires practice.”

Gayle Abott, President of Strategic Alignment Partners, a human consulting firm, has implemented a four- point strategy to deploy whenever you must act:

–          Identify the problem.

–          Analyze the possible solutions

–          Evaluate the possibilities that are likely to bring you closer to your goal.

–          Make the decision.

However, as easy as this 4 point system sounds, this type of strategy does not come easily for any beginner. As Abott has said in Business News Daily, it takes years of practice to master this skill. Many people who have become masters did not simply start off as talented decision makers, they made many mistakes in the past, learned from them, and simply moved on. The most crucial part in any decision making in a business, is the ability to learn from them. It is not easy as you think it is because people still make the same mistake, whether it’d be motivated by an emotion, by influence, or by stubbornness. The reality is that, it will not be easy to become a smart business decision maker until you have made enough decisions to consider yourself a smart business decision maker. 

How to Deal with Stress of Running a Business

Are you a business owner who has been through a lot of stress these past couple months? Especially, when tax season is coming and you have no one to prepare your tax forms for you? Well, let us take a moment to tell you that, if you are reading this blog post right now, you are probably looking for someone to prepare your tax returns or looking for a CPA accountant who can do that work for you. In fact, we are a CPA firm in case you haven’t noticed!

Anyway, this blog post is not about how to hire an Orange County CPA, the main point of this blog is to talk about how to deal with stress when running a business. So how can you deal with it? According to Pratik Dholakiya, Co-Founder of E2M, he wrote an article called 3 Tactics for Dealing With the Stress of Running a Business, which talks about dealing with stress and said that an entrepreneur is always required to be involved in every activity that their business is undergoing, always taking on new challenges, and creating bonds and relationships while learning on the go. Of course, as Pratik mentioned, will be overwhelming, which is something that most entrepreneurs face.

Pratik listed out three powerful ways to fight against this overwhelming stress that will keep you on track with your business goals without going insane.

 

1)      Create a priority list, and list all of your goals in a list from most important to least important.

Sounds easy right? It is! If you actually take the time to do it. The overwhelming amount of work you have to do is actually not that bad if you know how to prioritize and focus through them on the entire day. Keep a list of priorities and keep a list of dates to make sure when to start on those, and when the deadline is for each of them. This is very important, as this will keep your mind organized, and you can keep a simple focused mindset without going off in a tangent. Complete the task that is most important, and then once that is complete, move on to the next one and complete that one, and keep going through them all until you have completed them all. If you have a reoccurring event that constantly needs to be taken care of, always keep that task in your list.

 

2)      Relax and clear your mind before you go to bed, go back into work mode the next morning.

Of course, every night, we all feel like we have so much information in our heads that we just want to explode. The endless thinking is killing us all, and we just want to keep thinking. Do not try to fight through this complicated matter, instead, clear your mind, and then set yourself up to think about first thing tomorrow morning. You will feel refreshed the first thing in the morning, and your decision making will be better than yesterday’s.

 

3)      Analyze and reassess your circle of control

Pratik explains how we should focus our energies on things that are directly in our control and how we should not be drawn to things where we have little to no influence over. He makes a good point about how most entrepreneurs start with a great idea of what their circle of control has, but as time progresses and they meet new business people, the circle will consistently change. Depending on the entrepreneur, the circle will either shrink or it will grow. The point is, it will not stay the same, it is always changing, so it would be wise to consistently, evaluate your circle of control. “When you are feeling hammered, and are struggling to keep yourself sane in the middle of your fast-growing business, it’s a good idea to take a step back and ask yourself, how much of that which you are contending with do you actually control?” (Dholakiya) 

Small Business Success Story – Chad Mureta (App Empire)

Chad Mureta ran a real estate business when the impossible happened: A devastating car accident has caused to be delivered to the hospital, nearly taking out his arm. His business could not continue without him being physically present, but Mureta’s mounting medical bills meant he had to find an alternative source of income.

After reading a magazine article about mobile apps during his hospitalization, Mureta decided to try his hand at producing mobile applications. At the time, the industry was relatively new, but he felt the growth potential was worth the risk he would say.

“Lying in my hospital bed, I decided to take a Hail Mary shot and get into this industry.” Mureta said. “I needed a new business and decided to jump in with both feet.” Immediately, he started sketching out ideas for his own apps on pieces of paper. Soon after, he found a development company and outsourced all his work to create his first app.

Mureta took out a loan for $1800 to produce his first app. Fingerprint security – Pro. It soon became one of the 50 most popular apps in the App Store, earning him $140,000 in the process. From there, Mureta founded and sold three app companies – Empire Apps, Best Apps, and T3 Apps and now is currently running a blog called App Empire. He has produced 46 apps to date, and authored “App Empire: Make Money, have a Life and Let Technology Work for You”

Mureta advised other entrepreneurs to not be intimidated by their lack of experience in an industry if they see an opportunity. With a thirst for knowledge and the willingness to find and connect with the right people, anyone can begin to carve out an entrepreneurial path for him or herself, he said.

“I’m still not a tech guy,” Mureta said, “I couldn’t tell you how to program an app, but I can tell you how to make it a success. I researched the market and the consumers, and saw opportunities for people like myself. I kept researching and kept expanding my knowledge to grow my business and income.”

 

***ARTICLE BASED ON BUSINESSNEWDAILY.COM, WRITTEN BY NICOLE FALLON TAYLOR***

How to Know What Passions to Pursue in Business

We all have that question where we ask ourselves: “I have a passion for a lot of things. How do I know which one I should really choose?

Well, we all have heard many times in our lives, if you want to make a living, do something that you love to do. But our biggest concern is: how do we know if your passions can become a successful business? Fortunately, according to entrepreneur.com. there is a formula for determining if an idea is a viable opportunity.

It is a two-step process.

First: You look at the idea itself and see if it meets the criteria for success.

Second: You examine the industry to see if it is an attractive field for launching a new business.

If you launch a true opportunity in an attractive industry, your chances of turning a passion into a viable business go up dramatically.

THE FIRST STEP

Most of us have several things that we are passionate about. The trick is to pursue the one that has the strongest probability for success. Start by evaluating each of your passions against the criteria for a true business opportunity. Here are the critical components:

–          Need – You have to obtain first hand evidence that people really need your product or service.

 

–          Experience – You need to understand the industry from working in it or from regularly using the products.

 

–          Resources – Cobble together the resources to create an initial prototype of your product or service.

 

–          Customers – You have to find customers how are ready to buy your product as soon as you launch venture.

 

–          Model – You need a sound business model where pricing, costs and margins allow you to make a profit.

Let’s take one example: Marshall Miller is a great example of turning a passion into a true business opportunity. He had a corporate job for eight years that he didn’t like. On weekends to maintain his sanity, he would take to the skies parachuting, paragliding, and base jumping. He and his friends started talking about how they might make a living doing this. They approached GoPro about filming their feats and making the footage available to the company – this was the birth of the GoPro Bomb Squad. Marshall now has a number of companies that sponsor his jumps. He displays their logos on his helmets and parachutes, and provides incredible footage they use in commercials and custom videos. Marshall has been doing this full-time for nearly 10 years and is one of the top human flyers in the world.

THE SECOND STEP

The second step for turning a passion into a business is to launch in an attractive industry. Research suggests that about 30 percent of success in business is a result of the industry you enter. Some are more attractive than others. Here are some tips:

–          Size – You want an industry with at least 50 million in sales, but not more than a billion, that means there would be too much competition.

 

–          Growth – You want an annual growth rate of 10 percent or more which means the industry is not shrinking.

 

–          Margins – You want gross margins on products of 40 percent to 50 percent and profit margins of 10 to 20 percent which means it is possible to make money.

 

–          Competitors – You want a handful of competitors but not hundreds which indicates that the market is overly saturated.

 

–          Customers – You want multiple market niches for your product or service as opposed to a single group of buyers.

 

 In sum, list the things you are passionate about and see which ones can become true business opportunities. Then evaluate each industry to see which ones have the highest probability for success. When you launch a true business opportunity in an attractive industry, you can create the company of your dreams.

 

***ARTICLE BASED ON ENTREPRENUER.COM***

 

7 Businesses That You Can Start With Less Than $100

There are always many obstacles to starting your own business, but money is not always one of them.

Many people have dreamed of owning a business, however, the biggest problem that many people face is that the amount of capital it takes to start it up and to also keeping it running in order for the business to keep going for as long as it can. Over the years, people have done many odd jobs to work. It does not matter if you’re a handyman or an Orange County CPA, you can make extra money on the side.

You may think that is crazy, but you will be surprised after reviewing the 7 business ideas that can actually be launched with less than $100.

Start a Tutoring Business

1. There are a lot of students who need assistance in every subject – whether if it is in elementary school or college. If you have this knowledge, then starting your own tutoring business can become an appealing business idea that requires almost no capital. After all, the students already have the learning materials with them.

 

Start a Homemade Gourmet Foods

1. Whether if it is soup mixes, jellies, or chocolates, people love gourmet food products. And, since you already have a kitchen, you just need cooking supplies, packaging, and basic marketing materials to get started.

 

Affiliate Marketing

1. If you have a blog with a fair amount of followers, then you can become an affiliate. Basically, this just means that you plug other people’s products or services. As an affiliate, you get a special link. Whenever a visitor clicks on that link and makes a purchase, you’ll get a commission.

 

Tax Preparation

1. Preparing taxes is another necessity. But, most of us don’t have the time or knowledge to take of this task. If you’re up to date on the latest tax regulations and enjoy crunching numbers, it can be a nice business during tax season.

 

Start a Personal Trainer Business

1. Even though healthy is a priority for most of it, it can be a challenge to not only stay on track, but also make sure that exercising is done correctly so that you don’t injure yourself. You can become a personal trainer and motivate and monitor people when they exercise.

 

Start a business in Importing products

1. You can purchase products from overseas in bulk and start selling them at markup. This is a very effective way to start. Increase your spending as you increase your revenues.

 

Airnb Host

1. If you have an extra room or home, then rent it out on Airnb instead of just sitting there vacant. One example, was that one of the clients who use Airnb, was able to make $3,000 per month last year just renting out a room downstairs. 

 

***ARTICLE BASED ON JOHN RAMPTON’S ENTREPRENEUR.COM*** 

Tips on How Small Businesses Can Become a Firm of the Future

How can a business become a firm of the future?

 
Well let’s take a step back, what does it mean to become a firm of the future?

 
Let’s look at this example, a firm of the future has been “in business for decades, achieving success using a tried-and-true formula of providing high quality work and or providing great service and product.”

 
Every year as we all witness the everlasting change of businesses, markets, and demands, we; as business owners sometimes worry about our methodology and business practices in our company.We begin to question if our practices are obsolete now, or are they still working for our business? Then the next question arises, how would we grow the practice while maintaining the winning factors that made the firm what it is? And because of this, many business owners worry too much about these changes and will then take up too much time and money.

 

Thus, begs the question: How can do we become firms of the future? Well worry no more! As an Orange County CPA, it is our sole duty to provide fresh tips on how you can become a survivalist in the battlefield of business. We have tips here that will help you achieve that!

 
Do not ever assume that and changes in the market and business world do not apply to you. As George Forsythe states, “even successful and happy firms may not be working as effectively as possible.” Always have a strategic review and assess your plan to measure out the pros and cons to your strategy. If they are working, try to find something that will cause the plan to fail, always assume that there will be change in the future.

 
Figure out where you stand. Create a transitional step tool that a firm can take in its culture, talent, and clients. Use informal brainstorming to identify steps that can help you move your firm forward.

 
Set your own priorities. When you start reviewing your firm’s status, be sure to look out for employees who show a lot of promise in their work. Prepare them for the next generation of leaders, this will ensure the security of your company when you are training new leaders.

 
Do not reinvent the “wheel.” Do not try to create a completely new plan to face the changes your company is facing. Take some of your strategies and create a new way to make them better. Focus on the aspects of creating a simpler, more effective method of that strategy and execute it. Reinventing a new strategy not only makes your employees and partner learn a new method, which takes time, but also, the strategy may not work in this changing marketing and business world.

 

**ARTICLE BASED ON AICPA.ORG***

How to Start a Business as a Couple, Aww! <3

We all know that the benefits of starting a business with a loved one seem obvious: You’re working with someone that you trust, and whom you already you enjoy spending time with. There are plenty of high profile success stories- Cisco, Slideshare, and Popsugar were all started by couples-to serve as inspiration for marrying business and love. But even the best partnerships can be strained by the stresses of running a business. Finding dedicated time for a relationship when there are shared work responsibilities to be delegated, staff to be managed, and conflicts to be resolved is no joke. And that’s why when things go wrong, perhaps nobody has it worse than partner who are both in love and in business. The stakes can be so much higher.

Let’s take an example, Heather and Allan Staker used to have date nights. Then the married couple launched a startup together. “Friday date night would turn into eating Indian food in front of our laptops” Heather says. “I was starting to feel overwhelmed – we were always together, but we were always working. I went to see a life coach, who told me, “you’ve got to stay in love with each other, apart from your business.” So they came up with a rule; No computers on date nights. It wasn’t easy, but they stuck to it. And with technology banished, their special dinners became a time to connect and talk as spouses rather than as cofounders.

So how can you start a business as a couple successfully?

–          Start with A Plan

• For many couples, starting a business together feels natural: The idea most likely came out of the relationship. One example is that a couple can start to figure all of the work together and sort them out into tasks for each individual in the relationship. What do we mean by that? Have the husband work a series of tasks while the wife works on another series of tasks. Plan out these tasks together, and then assign them whoever does the tasks.

 

–          Keep It Professional

• Once a couple both go full time together for their business, there would be constant closeness between the two. Although the privacy for the both of them to be intimate with each other is going to be less than before, it is still necessary to stay professional for the sake of the employees and the business. Keeping it professional instead of calling each other “babe” or other silly words would make the work environment more product, you never know, one of your employees may be feeling lonely with their love lives.

 

–          Set Expectations Early

• Before pouring all your coupled energy into a budding business, it’s important to set parameters of where work ends and where life begins. For the Staker’s (Indian Food example), the no laptop rule was a romance life saver and it inspired additional at-home rules. For some others, the marriage becomes all about the work- and that can be ok too. An added benefit of married business partners is not being nagged on the weekend or on vacation to unplug, as spouses often do. A cofounder gets how impossible that is – and they’re right there next to you, clicking through emails. Make plans to do things together other than work to keep the relationships alive while keeping the business running well.

 ***ARTICLE BASED ON ENTREPRENEUR APRIL 2016*** 

IRS Scam Update: U.S charges 61 over India-based Impersonation Scam

In one of our earlier posts, we posted up a blog about how we can identify a fraudulent scam from a fake IRS representative.

Just recently, The US Justice Department charged 61 people and entities on Thursday on October 27, 2016 with taking part in a scam involving India-based call centers where agents impersonated Internal Revenue Service (IRS) where immigration and other federal officials and demanded payments for nonexistent debts.

The scam, which had operated since 2013, targeted at least 15,000 people who lost more than $300 million. Twenty people were arrested in the United States on Thursday while 32 individuals and five call centers in India have been charged, the department said in statement.

The defendants, including 24 people across nine U.S states, were indicted by a grand jury in the United States District Court for the Southern District of Texas.

United States Assistant Attorney General Leslie Caldwell said at a news conference that the United States will be seeking extradition of those based in India and warned others engaged in similar schemes.

“It’s really important for the scammers in India to know that the United States is looking at this, is watching them and they could, if they engage in that activity, be extradited to the United Sates and could sit in jail … for several years,” she said.

According to the indictment, the operators of the call centers in Ahmedabad, in the Indian state of Gujarat, “threatened potential victims with arrest, imprisonment, fines or deportation if they did not pay taxes or penalties to the government.”

Payments by victims were laundered by a U.S. network of co-conspirators using prepaid debit cards or wire transfers, often using stolen or fake identities, the statement said.

The call centers also ran scams in which victims were offered short-term loans or grants on condition of providing good-faith deposits or payment of a processing fee, it said.

The Investigation involved immigration and Customs Enforcement, Treasury, Homeland Security, U.S Secret Service and police officials, the Justice Department said.

***ARTICLE BASED ON REUTERS.COM***

 

From World Ranked Swimmer to Successful Entrepreneur

We would like to share this story with you because this man shares similar values as we do as our company, and we want to show you how integrity takes each of us a long way in the business world. 

Joseph M. Grant, a world class swimmer in his youth during the early 1960’s had an intensive work ethic. For those of you who do not know who he is, he was someone who became one of the most successful business men during his time of the century for someone who did not have a background business during his youth.

The main point of this blog is to inspire entrepreneurs that anyone from any background can become a successful business person. Although some of the articles written previously became successful in the creative aspect of the business, this man became a successful in the technical side of business. Technical business side is a very challenging feat, as it requires a lot of studying and education in order to become knowledgeable where you can turn that knowledge into business. This man was able to achieve that with hard work and dedication.

In the early 1970’s Grant credits the discipline that he used in his intense training as the foundation for his later successes. He also firmly believes that his unwavering ethical compass has allowed him to start a commercial banking empire with the most well-funded startup of any such bank in history. This same moral compass brought him to the brink of financial disaster in his personal life.

During the early 1980’s, Grant achieved his life’s goal when he appointed CEO and chairman of Texas American Bancshares, a prominent Texas banking company. He has spent his entire career preparing himself for this opportunity and had plans to take the bank to even higher levels of prosperity. When the outgoing chairman announced his successor, he also announced the first quarterly loss in the company’s 113-year history. Unfortunately for Grant, things did not get better. The bank’s assets were firmly concentrated in the oil industry in the southwestern U.S and world oil market fluctuations were wreaking havoc.

He faced anger form customers and investors. He also had to deal with the suicide of one of his senior officers. The stress and negative outlook were overwhelming in intensity. Grant had been a good corporate citizen and had invested heavily of his personal wealth in the bank. As the bank’s fortunes dwindled, so did his own. There were many opportunities to simple pack up his office, sell off his holdings, take his dished wealth and move on. He was encouraged to do so by members of his family and his friends. His essential decency would not allow him to do this. However, he saw himself as the captain of the ship and felt he was obligated to go down with it. He saw the bank seized by federal banking officials. Ultimately, the holding company entered bankruptcy and was sold. Only then, did he allow himself to move on. He lost everything.

Grant moved on. He became the CFO (chief financial officer) of Electronic Data Systems Corp. in 1990 and saw that company through a difficult spin off from General Motors Corp. later that same decade. He retired from Electronic Data Systems Corp and surprisingly, despite the trauma he had suffered with Texas American Bancshares, he moved back into the banking industry. He founded Texas Capital Bancshares and ended up with $80 million from his startup.

The purpose of this story is to understand that Grant firmly believes that his reputation for strict integrity and his willingness to lay everything on the line by refusing to bend the rules was the reason he was able to successfully raise the money for the new bank. To put it simply, people trusted him and trusted that he would always do the right thing. 

Take A Break From Your Work! Free Time Is Important!

There was an interesting article written by Bill Sheridan from MACPA.org who talked about how business people or anyone who works should take a break.

Wanna know what he did recently?

He did absolutely “nothing.” During the time when he did “nothing” he learned how to jet ski, played golf, and read two books. Additionally, he went out, ate a bunch of food, and drank too much, along the way, he had late night gatherings with friends, and family, had a hangover, and slept in. He even downloaded Pokemon Go and went around spending a lot of time with his family.

The part about we said he did “nothing” was the work part. He did not do any work during that week.

According to Harvard Business Review reporters Shawn Achor and Michelle Gielan said that “Americans used to take almost three weeks of vacation a year (20.3 days) in 2000, but they took only 16.2 days of vacation in 2015. Over the past 15 years, Americans have lost nearly a week of vacation.”

Additionally, according to a new study by the U.S Travel Association and Project: Time, said “for the first time in recorded history, more than half Americans (55 percent) left vacation days unused, which equates to around 658 million unused vacation days.”

The Harvard Business Review article also said:

Remember, this is paid time off that is not being used. Let us ask you two questions to make this idea come alive: Would you do your job for free? And do you take all your vacation days? If you say no to the first, you had better say yes to the second.

In truth, if you are not taking all your time off, you’re not working more- you’re volunteering your time. This is our favorite conclusion from the study” “By giving up this time off, Americans are effectively volunteering hundreds of millions of days of free work for their employers, which results in $61.4 billion in forfeited benefits.”

One thing to note too, just because you are working longer hours and ignoring your vacation makes you more productive and more promotable. It’s a myth. In fact, the opposite is true. Taking your vacation time actually increases the likelihood that your will get a raise or a promotion.

So take a break folks. Your employers are paying you to take some time off. If you have your own business and worry about taxes? Your local Orange County CPA will help you out! Take advantage of their services. Why aren’t you taking it? Get out of town. Relax. Forget about work and do something fun for a change.

Many studies have shown that you will come back refreshed, more productive, and considerable more promotable than if you had stayed in the office.

The free time does not belong to your employer, it belongs to you.

 

***ARTICLE BASED ON BILL SHERIDAN OF MACPA.ORG***

DON’T GO BANKRUPT! How CPA & Management Accountants are Very Important for Start Ups

 

Think about a business that you want to start …

 

Now think about how you are going to start this business …

 

Alright, now think about what kind of work you will be getting yourself into if you started up a business all by yourself…

 

Fast forward 1 year… Imagine that you somehow survived a whole year of running this business and you managed to rack up enough money to pay off your expenses, awesome you broke even! BUT WAIT! Suddenly, you realize… you have kids to feed, you have bills to pay, you have to buy your mom a birthday gift because her birthday is in 2 days! And guess what?! Your money that you earned for the whole year from that business, has been used for the expenses of running your business!!

What does this mean?! Well, it looks like you’re gonna have to find other ways to get additional money.

You decide to make a note of yourself, I’ll try to increase my revenues next year so I can ACTUALLY PROFIT and have money to pay for all my lifestyle expenses.

But guess what? The following year passes, your business failed, you filed bankruptcy, your wife (or husband) left you with the kids, your mom didn’t call you back, sad life isn’t it? You’re probably wondering why your business failed… Well, it’s probably because you don’t have a CPA or Management Accountant to support your startup company!

In the article provided by Samantha White and Jack Hagel in the CGMA magazine (Issue 1- 2016), called “How Management Accountants can Support Start-Ups” explains how accountants and CFOs are very beneficial and important to the survivability to a startup business.

Entrepreneurs who start up their businesses ventured into the business world to bring in new innovative creations and services to themselves wherever they can. According to CGMA magazine, 36% of businesses fail within the first two years of operation (The owners probably went through the same rough situation as the above blog post).

 

SOME COMMON REASONS THESE BUSINESSES FAIL

–          Poorly thought out business plan

–          Running out of cash

–          Pricing and cost issues

The most common mistake that most startup businesses make is that they often go into the direction that will lead them to their inevitable doom to their company at a very quick rate. Additionally, they often do not realize that the direction they are heading need careful analysis.

 

SO… HOW ARE ACCOUNTANTS AND CPA FIRMS IMPORTANT?

Well, the answer is very obvious, you need someone who can manage your expenses, and let you know if your expenses will cause you to go into the direction of bankruptcy or not. Or, if you are currently stable, they can analyze your transactions and expenses and assess whether your business is heading into the profitable side or the bankruptcy side. With that information in your hands, you can decide what your next plan of action is for the company. Additionally, you will also have a CPA firm, or an accountant regulate your over expenditures and whatnot.

 

CGMA has spoke with several accountants with experience in startups. Here are some tips they have shared:

–          Understand that it’s a very different job

–          Be resilient

–          Believe in the business

–          Be curious and creative to find data and investors

–          Be adaptable to change

–          Know that many options and employment models are open to finance professionals

–          Know that the skills you gain will always be marketable – no matter the start-up’s fate

 

Overall, if you do not want to end up like the introduction of this blog, it would not be a bad idea to look into speaking with an accountant or reach out to a CPA firm. You never know how much more helpful they can be for your business. 

IRS eyes payroll tax avoidance tactics via S corporations

Payroll tax collection continues to vex the Internal Revenue Service despite several court cases that have resulted in rulings favorable for the IRS regarding unreasonably low compensation. A recent high profile case was David E. Watson, P.C. v. United States on which the Eighth Circuit ruled in 2012. Watson was an indirect partner in a CPA firm, practicing through an S corporation that paid him $24,000 of salary per year and between $175,000 and $203,000 in profit distributions. The court adjusted his compensation to $93,000.

It isn’t hard to see why shareholders of S corporations attempt to justify wage levels below what the IRS considers “reasonable compensation” (assuming the understated compensation is below the FICA wage base). Both the S corporation and employee save the 7.65% FICA and Medicare taxes on the wages not reported.

IRS finds widespread noncompliance by colleges and universities

The IRS published its final report concerning its Colleges and Universities Compliance Project, finding compliance issues related to unrelated business taxable income (UBTI) and compensation practices. The IRS conducted the study to find out why colleges and universities had so much unrelated business activity but owed so little tax and to examine their compensation practices. The IRS examined tax returns from 34 colleges and universities it selected from among 400 it surveyed by questionnaire. The examined schools were divided almost evenly between private and public institutions, with about two-thirds reporting enrollments greater than 15,000 students.

Unrelated business taxable income. An exempt organization, including exempt colleges and universities, must pay tax on income from an unrelated trade or business, defined as an activity not substantially related to the accomplishment of the organization’s exempt purposes, even if the income from the business is used to support those purposes. Losses from one activity can offset income from another; however, continuing losses can indicate a lack of profit motive, which would disqualify the activity’s losses from the netting process.

The IRS found that UBTI was underreported at 90% of the institutions examined, with a total understatement of more than $90 million from 30 unrelated activities. The majority of the activities with unreported UBTI were fitness and recreation centers, sports camps, advertising, facility rentals, arenas, and golf courses. Nearly half of the institutions had adjustments to UBTI from advertising and/or facility rentals, and about one-third had adjustments from fitness and recreation centers and sports camps, arenas, and/or golf courses. The report identified four primary reasons for understated UBTI: (1) lack of profit motive, (2) improper expense allocation, (3) misclassification of certain activities as exempt, and (4) miscalculated or unsubstantiated net operating losses.

Former H&R Block Manager Sentenced to Year in Prison for Identity Theft

Dubose, the former manager of an H&R Block outlet, pleaded guilty in March to one count of wire fraud and one count of filing false claims with the Internal Revenue Service. The court sentenced him to 12 months and one day on each count of the conviction, to be served concurrently

According to documents filed with the court, while working as a manager of an H&R Block Preparation store in Van Nuys, Calif., Dubose used his access to H&R Block records to obtain the personal identifying information, including the names, dates of birth and Social Security numbers, of H&R Block clients. Dubose then used the information to create and submit to the IRS at least 12 false and unauthorized 2011 tax returns, generating fraudulent tax refunds of at least $48,593.

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Nevada Corporate Income Tax

A California superior court has issued a temporary and proposed statement of decision holding that a Nevada corporation was entitled to a refund of California corporation franchise taxes paid for the tax years in question because the corporation met its burden of proof in establishing that it was commercially domiciled in Nevada during those years. The corporation, which was incorporated in Nevada, did not rely upon any presumption that its commercial domicile was its place of incorporation. The corporation submitted evidence that it maintained its corporate office in Nevada, its bank accounts were held at a branch in Las Vegas, its brokerage accounts were maintained with an office in Las Vegas, its board of directors’ meetings were held at its office in Nevada, and its original books and records were maintained in Nevada. Also, its only corporate officer resided in Nevada and handled all of its expenditures and business affairs from Nevada. The Franchise Tax Board (FTB) contended that a California resident, the corporation’s sole shareholder and a member of its board of directors, in fact managed and directed the corporation from California, and that therefore the corporation was commercially domiciled in California. However, the FTB submitted no direct evidence to support its contention. Furthermore, both the corporate officer and the sole shareholder testified that decisions on corporate matters were made by the officer and that the shareholder relied on the officer to manage the corporation. The court found the testimony of both witnesses to be credible. In contrast, the FTB’s evidence consisted entirely of circumstantial evidence from which it had asked the court to infer that the sole shareholder was directing or managing the affairs of the corporation from California. The tentative decision will become the final Statement of Decision unless either party requests a Statement of Decision, specifying the principal controverted issues to be addressed, within 10 days.

Taxpayers who did not establish insolvency must recognize COD income

Taxpayers who settled a credit card debt for $4,412 less than they owed in 2008 had to include that amount in income because they did not prove they were insolvent under Sec. 108(a)(1)(B) at the time of the debt discharge (Shepherd, T.C. Memo. 2012-212).

Sec. 108(a)(1)(B) excludes cancellation of debt (COD) income from gross income if the debt discharge occurs while the taxpayer is insolvent. The taxpayers, Bernard and Desiree Shepherd, claimed to be insolvent in 2008 when the credit card company cancelled their debt. At issue in the case was the fair market value (FMV) at the time of the debt discharge of two pieces of real estate the Shepherds owned: their principal residence and their vacation home. In addition, the parties disagreed whether the value of Bernard Shepherd’s state pension should be included in the taxpayers’ assets when calculating the insolvency.

The valuation of these assets would determine whether the value of taxpayers’ liabilities exceeded the total value of their assets, and therefore whether they were insolvent. If the Tax Court accepted the taxpayers’ valuation of their houses and excluded the pension loan from their liabilities (and the corresponding amount of the balance in the pension from their assets), petitioners would be approximately $32,000 insolvent and therefore would not be required to include the COD income in their income for 2008.

Self-employed can deduct Medicare premiums

Explaining a recent reversal of a long-held IRS stance, the Office of Chief Counsel advised IRS attorneys on Friday that self-employed individuals may deduct Medicare premiums from their self-employment income. Chief Counsel Advice (CCA) 201228037 clarifies an IRS position that previously has appeared only in instructions to Form 1040, U.S. Individual Income Tax Return, and IRS publications for tax years 2010 and forward allowing the deduction.

Taxpayers who failed to deduct Medicare premiums for prior tax years within the statute of limitation may file amended returns to claim the deduction.

Before tax year 2010, Form 1040 instructions for line 29 stated, “Medicare premiums cannot be used to figure the [self-employed health insurance] deduction.” Before 2010, Publication 535, Business Expenses, stated that Medicare Part B premiums were not deductible as a business expense, in keeping with Field Service Advisory (FSA) 3042, issued in 1995.

For the 2010 Form 1040, the instructions for line 29 were changed to specify, “Medicare Part B premiums can be used to figure the deduction.” The 2010 version of Publication 535 was similarly amended, but the IRS offered no guidance or explanation for the change.

Sec. 162(l)(2)(A) limits the deductible amount of payments made for health insurance to the taxpayer’s earnings from the trade or business “with respect to which the plan providing the medical care coverage is established.” FSA 3042 stated that this meant that payments under a plan that is not established with respect to the taxpayer’s trade or business (specifically including Medicare Part B, because it is a federal program) are not deductible.

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