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    <title>Nolo&apos;s Small Business Legal Blog</title>
    <link rel="alternate" type="text/html" href="http://www.smallbusinesslegalblog.com/" />
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    <id>tag:www.smallbusinesslegalblog.com,2008-07-01://17</id>
    <updated>2010-07-19T20:34:34Z</updated>
    
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<entry>
    <title>Should You Lease or Buy Your Car?</title>
    <link rel="alternate" type="text/html" href="http://www.smallbusinesslegalblog.com/2010/07/should-you-lease-or-buy-your-c.html" />
    <id>tag:www.smallbusinesslegalblog.com,2010://17.1994</id>

    <published>2010-07-26T20:27:40Z</published>
    <updated>2010-07-19T20:34:34Z</updated>

    <summary>When you lease a car, you are paying rent for it--a set fee each month for the use of the car. At the end of the lease term, you give the car back to the leasing company and own nothing....</summary>
    <author>
        <name>Diana Fitzpatrick</name>
        <uri>http://www.nolo.com/</uri>
    </author>
    
        <category term="Cutting Costs" scheme="http://www.sixapart.com/ns/types#category" />
    
        <category term="Small Business Taxes" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.smallbusinesslegalblog.com/">
        <![CDATA[<p style="TEXT-INDENT: 0in; MARGIN: 0in 0in 0pt 0.5in" class="MsoNormal"><span style="FONT-SIZE: 10pt"><font color="#000000">When you lease a car, you are paying rent for it--a set fee each month for the use of the car. At the end of the lease term, you give the car back to the leasing company and own nothing. As a general rule, leasing a car instead of buying it makes economic sense only if you absolutely must have a new car every two or three years and drive no more than 12,000 to 15,000 miles per year. If you drive more than 15,000 miles a year, leasing becomes an economic disaster because it penalizes you for higher mileage.<o:p></o:p></font></span></p>
<p style="TEXT-INDENT: 0in; MARGIN: 0in 0in 0pt 0.5in" class="MsoNormal"><span style="FONT-SIZE: 10pt"><font color="#000000">There are numerous financial calculators available on the Internet that can help you determine how much it will cost to lease a car compared to buying one. Be careful when you use these calculators--they are designed based on certain assumptions, and different calculators can give different answers. For a <a href="http://www.federalreserve.gov/pubs/leasing/">detailed consumer guide to auto leasing created by the Federal &shy;Reserve Board</a>, go to the Board's website at <a href="http://www.federalreserve.gov/pubs/leasing">www.federalreserve.gov/pubs/leasing</a>.</font></span></p>
<p style="TEXT-INDENT: 0in; MARGIN: 0in 0in 0pt 0.5in" class="MsoNormal"><span style="FONT-SIZE: 10pt"><font color="#000000">For more information on deducting car and local travel expenses, see <a href="http://www.nolo.com/products/deduct-it!-DEDU.html"><em>Deduct It! Lower Your Small Business Taxes</em>, by Stephen Fishman (Nolo).<o:p></o:p></a></font></span></p>
<p style="TEXT-INDENT: 0in; MARGIN: 0in 0in 0pt 0.5in" class="MsoNormal"><span style="FONT-SIZE: 10pt"><o:p><font color="#000000">&nbsp;</font></o:p></span></p>]]>
        
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</entry>

<entry>
    <title>Hobby Versus Business-- A Significant Tax Difference</title>
    <link rel="alternate" type="text/html" href="http://www.smallbusinesslegalblog.com/2010/07/hobby-versus-business-a-signif.html" />
    <id>tag:www.smallbusinesslegalblog.com,2010://17.1993</id>

    <published>2010-07-19T20:06:51Z</published>
    <updated>2010-07-19T20:22:37Z</updated>

    <summary>One of the most powerful weapons in the IRS arsenal is the hobby loss rule. Under this rule, only taxpayers engaged in a bona fide business--as opposed to a hobby--can take business deductions. This means you need to be regularly...</summary>
    <author>
        <name>Diana Fitzpatrick</name>
        <uri>http://www.nolo.com/</uri>
    </author>
    
        <category term="Laws Affecting Small Business" scheme="http://www.sixapart.com/ns/types#category" />
    
        <category term="Small Business Taxes" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.smallbusinesslegalblog.com/">
        <![CDATA[<p style="TEXT-INDENT: 0in; MARGIN: 0in 0in 0pt 0.5in" class="MsoNormal"><span style="FONT-SIZE: 10pt"><font color="#000000">One of the most powerful weapons in the IRS arsenal is the hobby loss rule. Under this rule, only taxpayers engaged in a bona fide business--as opposed to a hobby--can take business deductions. This means you need to be regularly engaged in an activity&nbsp;and your primary purpose&nbsp;must be&nbsp;to&nbsp;earn a profit. You don't have to show you earn a profit every year. But&nbsp;making a profit&nbsp;must be&nbsp;your primary purpose. Your business can be full time or part time, as long as you work at it regularly and continuously. In contrast, if the IRS decides that you are indulging a hobby rather than operating a business, you will face some potentially disastrous tax consequences. You may still be able to deduct some of your hobby-related expenses but there are serious restrictions and limitations on these deductions.<o:p></o:p></font></span></p>
<p style="TEXT-INDENT: 0in; MARGIN: 0in 0in 0pt 0.5in" class="MsoNormal"><span style="FONT-SIZE: 10pt"><font color="#000000">The IRS has established two tests to determine whether someone is in business. One is a simple mechanical test that looks at whether you have earned a profit in three of the last five years. The other is a more complex test designed to determine whether you act like a business. Under this test, the IRS looks at certain objective factors to determine whether you are behaving like a person who wants to earn a profit. The most important of these are that you act like you're running a business, you have a certain amount of expertise in the area, and you spend sufficient time and effort&nbsp;on the activity. </font></span></p>
<p style="TEXT-INDENT: 0in; MARGIN: 0in 0in 0pt 0.5in" class="MsoNormal"><span style="FONT-SIZE: 10pt"><font color="#000000">For more information, see <a href="http://www.nolo.com/products/home-business-tax-deductions-DEHB.html"><em>Home Business Tax Deductions; Keep What You Earn</em>, by Stephen Fishman (Nolo).</a></font></span></p>]]>
        
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</entry>

<entry>
    <title>IRS Tips for Students With Summer Jobs</title>
    <link rel="alternate" type="text/html" href="http://www.smallbusinesslegalblog.com/2010/07/irs-tips-for-students-with-sum.html" />
    <id>tag:www.smallbusinesslegalblog.com,2010://17.1982</id>

    <published>2010-07-11T16:12:44Z</published>
    <updated>2010-07-11T16:29:21Z</updated>

    <summary>Summer is here and many small businesses are hiring students for full or part time work. For some of these newly-employed, it may be their first time earning money and their first introduction to tax obligations and the IRS. Here...</summary>
    <author>
        <name>Diana Fitzpatrick</name>
        <uri>http://www.nolo.com/</uri>
    </author>
    
        <category term="Small Business Taxes" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.smallbusinesslegalblog.com/">
        <![CDATA[<p>Summer is here and many small businesses are hiring students for full or part time work. For some of these newly-employed, it may be their first time earning money and their first introduction to tax obligations and the IRS. Here is a list of <a href="http://www.irs.gov/newsroom/article/0,,id=210802,00.html">what the IRS wants income-earning students&nbsp;to know about their tax obligations</a>. </p>
<p>o&nbsp;All employees fill out a W-4, Employee's Withholding Allowance Certificate, when starting a new job. This form is used by employers to determine the amount of tax that will be withheld from your paycheck. If you have multiple summer jobs you will want to make sure all your employers are withholding an adequate amount of taxes to cover your total income tax liability. To make sure your withholding is correct, use the Withholding Calculator on <a href="http://www.irs.gov">www.irs.gov</a>.&nbsp; <br />o&nbsp;Whether you are working as a waiter or a camp counselor, you may receive tips as part of your summer income. All tip income you receive is taxable income and is therefore subject to federal income tax.&nbsp; <br />o&nbsp;Many students do odd jobs over the summer to make extra cash. Earnings you received from self-employment are subject to income tax. These earnings include income from odd jobs like baby-sitting and lawn mowing.&nbsp; <br />o&nbsp;If you have net earnings of $400 or more from self-employment, you will also have to pay self-employment tax. This tax pays for your benefits under the Social Security system. Social Security and Medicare benefits are available to individuals who are self-employed the same as they are to wage earners who have Social Security tax and Medicare tax withheld from their wages. The self-employment tax is figured on Form 1040, Schedule SE.&nbsp; <br />o&nbsp;Food and lodging allowances paid to ROTC students participating in advanced training are not taxable. However, active duty pay - such as pay received during summer advanced camp - is taxable.&nbsp; <br />o&nbsp;Special rules apply to services you perform as a newspaper carrier or distributor. You are a direct seller and treated as self-employed for federal tax purposes if you meet the following conditions:&nbsp; You are in the business of delivering newspapers. All your pay for these services directly relates to sales rather than to the number of hours worked.&nbsp; You perform the delivery services under a written contract which states that you will not be treated as an employee for federal tax purposes.&nbsp; Generally, newspaper carriers or distributors under age 18 are not subject to self-employment tax. </p>
<p>&nbsp;</p>]]>
        
    </content>
</entry>

<entry>
    <title>Bankruptcy for Small Business Owners</title>
    <link rel="alternate" type="text/html" href="http://www.smallbusinesslegalblog.com/2010/06/bankruptcy-for-business-owners.html" />
    <id>tag:www.smallbusinesslegalblog.com,2010://17.1927</id>

    <published>2010-06-07T21:55:15Z</published>
    <updated>2010-06-02T22:21:57Z</updated>

    <summary>If you&apos;re considering filing for bankruptcy because your small business cannot pull itself out of debt, you&apos;re not alone. While the economy&apos;s getting better every day and many businesses are finally showing a profit again, some businesses suffered too many...</summary>
    <author>
        <name>Beth Laurence</name>
        <uri>http://www.nolo.com</uri>
    </author>
    
        <category term="Closing a Small Business" scheme="http://www.sixapart.com/ns/types#category" />
    
        <category term="Saving a Troubled Business" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.smallbusinesslegalblog.com/">
        <![CDATA[<div>If you're considering filing for bankruptcy because your small business cannot pull itself out of debt, you're not alone. While the economy's getting better every day and many businesses are finally showing a profit again, some businesses suffered too many losses during the height of the recession to be able to pay off their past due debt. If it looks like it's time to throw in the towel, you can use Chapter 7 personal bankruptcy to wipe out your liability for your business's debts and start over.&nbsp;</div><div><br /></div><div>It used to be hard to find information on Chapter 7 personal bankruptcy that addresses the concerns of small business owners, but Nolo has published a helpful new book on the subject:&nbsp;<a href="http://www.nolo.com/products/bankruptcy-for-small-business-owners-BUSB.html">Bankruptcy for Small Business Owners: How to File for Chapter 7</a>.&nbsp;(Disclosure: I'm one of the book's co-authors. I'm a little&nbsp;late&nbsp;in plugging the book; it's been out since March.)&nbsp;</div><div><br /></div><div>The book can help you decide whether chapter 7 personal bankruptcy is the best solution for you by teaching you about:</div><div><ul style="margin-top: 0px; margin-right: 0px; margin-bottom: 10px; margin-left: 25px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; list-style-type: disc; list-style-position: initial; list-style-image: initial; font-size: 1em; font-family: Arial, Helvetica, sans-serif; "><li>the difference between personal and business bankruptcy</li><li>how to determine whether you're personal liable for your business debts</li><li style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 3px; padding-left: 0px; font-size: 1em; color: rgb(51, 51, 51); line-height: 1.3em; ">which if your business debts and assets will be affected by bankruptcy</li><li style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 3px; padding-left: 0px; font-size: 1em; color: rgb(51, 51, 51); line-height: 1.3em; ">your eligibility for bankruptcy</li><li style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 3px; padding-left: 0px; font-size: 1em; color: rgb(51, 51, 51); line-height: 1.3em; ">exemptions that can protect your property, and&nbsp;</li><li style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 3px; padding-left: 0px; font-size: 1em; color: rgb(51, 51, 51); line-height: 1.3em; ">what happens to your house and car in bankruptcy.</li></ul><div><font class="Apple-style-span" face="Arial, Helvetica, sans-serif"><span class="Apple-style-span" style="line-height: 16px;">If you're considering closing down your business and filing bankruptcy to wipe your slate clean--or even trying to keep your business open but filing bankruptcy to get out from under your past debts, it might be helpful to you. You can read the&nbsp;<a href="http://www.nolo.com/products/bankruptcy-for-small-business-owners-BUSB.html">first chapter for free on Nolo's site</a>.</span></font></div></div><div></div>]]>
        
    </content>
</entry>

<entry>
    <title>How Doing Social Good Can Help Your Business</title>
    <link rel="alternate" type="text/html" href="http://www.smallbusinesslegalblog.com/2010/06/how-doing-social-good-can-help.html" />
    <id>tag:www.smallbusinesslegalblog.com,2010://17.1926</id>

    <published>2010-06-02T21:39:54Z</published>
    <updated>2010-06-02T21:52:43Z</updated>

    <summary><![CDATA[There's a good article on Mashable by&nbsp;Meaghan Edelstein on how small businesses can do social good&nbsp;and at the same time create goodwill and&nbsp;publicity&nbsp;for their company. It walks you through creating a social good campaign step by step and has some...]]></summary>
    <author>
        <name>Beth Laurence</name>
        <uri>http://www.nolo.com</uri>
    </author>
    
        <category term="Innovating &amp; Making a Profit" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.smallbusinesslegalblog.com/">
        <![CDATA[There's a good article on Mashable by&nbsp;Meaghan Edelstein on <a href="http://mashable.com/2010/05/27/small-business-social-good/">how small businesses can do social good</a>&nbsp;and at the same time create goodwill and&nbsp;publicity&nbsp;for their company. It walks you through creating a social good campaign step by step and has some great ideas. A social good campaign is a great way to market your company without spending a lot of money--and it's good for the community too.]]>
        
    </content>
</entry>

<entry>
    <title>CDFIs--An Alternative Loan Source for Small Businesses</title>
    <link rel="alternate" type="text/html" href="http://www.smallbusinesslegalblog.com/2010/05/cdfisan-alternative-loan-sourc.html" />
    <id>tag:www.smallbusinesslegalblog.com,2010://17.1900</id>

    <published>2010-05-14T19:50:58Z</published>
    <updated>2010-05-14T20:04:52Z</updated>

    <summary>Unable to secure a traditional bank loan for your small business? You might want to check out your local Community Development Financial Institution (&quot;CDFI&quot;). CDFIs are government-designated lenders--usually small banks, credit unions, nonprofits, and others--whose mission is to promote community...</summary>
    <author>
        <name>Diana Fitzpatrick</name>
        <uri>http://www.nolo.com/</uri>
    </author>
    
        <category term="Alternative Financing for Small Businesses" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.smallbusinesslegalblog.com/">
        <![CDATA[<p>Unable to secure a traditional bank loan for your small business? You might want to check out your local <a href="http://online.wsj.com/article/SB10001424052748703961104575226222393857004.html?mod=WSJ_FinancingAndInvesting_LEFTTopHeadlines">Community Development Financial Institution ("CDFI"). CDFIs are government-designated lenders--usually small banks, credit unions, nonprofits, and others--whose mission is to promote community development</a>. In return for access to funding sources like grants and Treasury and SBA financing, they agree to make at least 60% of their loans to low income borrowers. </p>
<p>As reported in a Wall Street Journal article by Emily Maltby, most of their loans have gone to start-ups and struggling businesses that wouldn't qualify for a traditional bank loan because they are considered too risky. In fact many CDFIs only work with businesses and individuals that cannot get a traditional loan. In making loans, CDFIs don't focus on a borrower's credit history. "We look at character, willingness to do the work of the business and willingness to repay the loan," says Mary Mathews, president and chief executive of a nonprofit CDFI. </p>
<p>You'll need to find the CDFI in your area that is the right fit for your business. Each CDFI serves a certain region and they all have their own loan criteria. You can find a complete list of CDFIs on the Treasury's website. </p>]]>
        
    </content>
</entry>

<entry>
    <title>IRS Open House for Small Business Tax Help</title>
    <link rel="alternate" type="text/html" href="http://www.smallbusinesslegalblog.com/2010/05/irs-open-house-for-small-busin.html" />
    <id>tag:www.smallbusinesslegalblog.com,2010://17.1881</id>

    <published>2010-05-03T20:42:56Z</published>
    <updated>2010-05-03T20:51:09Z</updated>

    <summary>On Saturday, May 15th, the IRS will host a nationwide Open House for small businesses who need help with tax problems or tax forms. There will be 200 IRS offices, at least one in every state, open to the public...</summary>
    <author>
        <name>Diana Fitzpatrick</name>
        <uri>http://www.nolo.com/</uri>
    </author>
    
        <category term="Small Business Taxes" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.smallbusinesslegalblog.com/">
        <![CDATA[On Saturday, May 15th, the IRS will host a <a href="http://www.irs.gov/newsroom/article/0,,id=222351,00.html">nationwide Open House for small businesses who need help with tax problems or tax forms</a>. There will be 200 IRS offices, at least one in every state, open to the public from 9 am to 2 pm local time. IRS staff will be there in person or by telephone to help with small business tax problems, including notices and payments, return preparation, audits, and a variety of other issues. So, for example, if your business owes taxes you can't pay, you could discuss your options--such as an installment agreement or offer in compromise--with an IRS professional. Depending on what you decide, you could get help completing the paperwork and leave with your problem resolved. Or, if you're having trouble completing an IRS form or schedule, you can work directly with IRS staff to get the job done. At a previous IRS Open House this spring, 88 percent of the taxpayers who went for help had their issues resolved the same day. Here is the link for the <a href="http://www.irs.gov/localcontacts/article/0,,id=220631,00.html">Open House locations</a>. Two more are planned for Saturday, June 5th and Saturday, June 26th. ]]>
        
    </content>
</entry>

<entry>
    <title>What If You Don&apos;t Have Proper Tax Records?</title>
    <link rel="alternate" type="text/html" href="http://www.smallbusinesslegalblog.com/2010/04/what-if-you-dont-have.html" />
    <id>tag:www.smallbusinesslegalblog.com,2010://17.1836</id>

    <published>2010-04-19T22:30:59Z</published>
    <updated>2010-04-07T19:43:56Z</updated>

    <summary>Because you&apos;re human, you may not have kept all the records required to back up your tax deductions. Don&apos;t despair, all is not lost--you may be able to fall back on the so-called Cohan rule. This rule (named after the...</summary>
    <author>
        <name>Diana Fitzpatrick</name>
        <uri>http://www.nolo.com/</uri>
    </author>
    
        <category term="Running Your Business" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.smallbusinesslegalblog.com/">
        <![CDATA[<p>Because you're human, you may not have kept all the records required to back up your tax deductions. Don't despair, all is not lost--you may be able to fall back on the so-called Cohan rule. This rule (named after the Broadway entertainer George M. Cohan involved in a tax case in the 1930s) is the taxpayer's best friend. </p>
<p>The Cohan rule recognizes that all business people must spend at least some money to stay in business, and so must have had at least some deductible expenses, even if they don't have adequate records to back them up. If you're audited and lack adequate records for a claimed deduction, the IRS can use the Cohan rule to make an estimate of how much you must have spent, and allow you to deduct that amount. However, you must provide at least some credible evidence on which to base this estimate, such as receipts, canceled checks, notes in your appointment book, or other records. Moreover, the IRS will only allow you to deduct the least amount you must have spent, based on the records you provide. In addition, the Cohan rule cannot be used for travel, meal, entertainment, or gift expenses; or for listed property. </p>
<p>If an auditor claims you lack sufficient records to back up a deduction, you should always bring up the Cohan rule and argue that you should still get the deduction based on the records you do have. At best, you'll probably get only part of your claimed deductions. If the IRS auditor disallows your deductions entirely or doesn't give you as much as you think you deserve, you can appeal in court and bring up the Cohan rule again there. You might have more success with a judge. However, you can't compel an IRS auditor or a court to apply the Cohan rule in your favor. Whether to apply the rule and how large a deduction to give you, is within their discretion. </p>
<p>For more information, see <em><a href="http://www.nolo.com/products/deduct-it!-DEDU.html">Deduct It! Lower Your Small Business Taxes</em>, by Stephen Fishman</a>.</p>]]>
        

    </content>
</entry>

<entry>
    <title>How Long Should You Keep Records?</title>
    <link rel="alternate" type="text/html" href="http://www.smallbusinesslegalblog.com/2010/04/how-long-should-you-keep-recor.html" />
    <id>tag:www.smallbusinesslegalblog.com,2010://17.1835</id>

    <published>2010-04-14T21:30:22Z</published>
    <updated>2010-04-07T19:42:43Z</updated>

    <summary>You should keep your business and tax records for as long as the IRS has to audit you after you file your returns for the year. These statutes of limitation range from three years to forever. To be on the...</summary>
    <author>
        <name>Diana Fitzpatrick</name>
        <uri>http://www.nolo.com/</uri>
    </author>
    
        <category term="Running Your Business" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.smallbusinesslegalblog.com/">
        <![CDATA[You should keep your business and tax records for as long as the IRS has to audit you after you file your returns for the year. These statutes of limitation range from three years to forever. To be on the safe side, keep your tax returns indefinitely. They don't take up much space, so this is not a big hardship. Your supporting documents probably take up more space. You should keep these for at least six years after you file your return. Keeping your records this long ensures that you'll have them available if the IRS decides to audit you.You might also need them for other purposes--for example, to get a loan, mortgage, or insurance. Keep your long-term asset records for three years after the depreciable life of the asset ends. For example, keep records for five-year property (such as computers) for eight years. You should keep your ledger sheets for as long as you're in business because a potential buyer of your business might want to see them. For more information, see <em><a href="http://www.nolo.com/products/deduct-it!-DEDU.html">Deduct It! Lower Your Small Business Taxes</em>, by Stephen Fishman.</a>]]>
        
    </content>
</entry>

<entry>
    <title>Accrual or Cash Method of Accounting - Which Is Best?</title>
    <link rel="alternate" type="text/html" href="http://www.smallbusinesslegalblog.com/2010/04/accrual-or-cash-method-of-acco.html" />
    <id>tag:www.smallbusinesslegalblog.com,2010://17.1834</id>

    <published>2010-04-12T21:02:56Z</published>
    <updated>2010-04-07T19:41:53Z</updated>

    <summary><![CDATA[There is no best accounting method. Each method has its advantages and disadvantages. The cash basis method is much simpler to use and easier to understand.&nbsp;You don't report income until it's actually received, so&nbsp;it's more advantageous than the accrual method...]]></summary>
    <author>
        <name>Diana Fitzpatrick</name>
        <uri>http://www.nolo.com/</uri>
    </author>
    
        <category term="Running Your Business" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.smallbusinesslegalblog.com/">
        <![CDATA[<p>There is no best accounting method. Each method has its advantages and disadvantages. The cash basis method is much simpler to use and easier to understand.&nbsp;You don't report income until it's actually received, so&nbsp;it's more advantageous than the accrual method if you're in a business in which you're paid slowly. The accrual method is more complicated than the cash basis method, but you get a truer picture of your net profits for any given time period because income earned in one&nbsp;period is accurately matched against the expenses for that period. So you see the ebb and flow of business income and debt. Moreover, the accrual method is more advantageous than the cash basis method if you are paid promptly by your clients because you are allowed to deduct expenses when you incur them, not when you actually pay for them.</p>
<p>When you are paid promptly, the cash method's actual receipt rule is not important; and, using the accrual method, you may prepay business expenses in advance to offset the income you received for the year -- something you can't do with the cash method. Any business can choose to use the accrual method but some businesses (mostly larger-sized ones) are required to use it. For more information, see <a href="http://www.nolo.com/products/deduct-it!-DEDU.html">Deduct It! Lower Your Small Business Taxes, by Stephen Fishman</a>.</p>]]>
        
    </content>
</entry>

<entry>
    <title>New IRS Form Available for Special Payroll Tax Exemption</title>
    <link rel="alternate" type="text/html" href="http://www.smallbusinesslegalblog.com/2010/04/new-irs-form-available-for-spe.html" />
    <id>tag:www.smallbusinesslegalblog.com,2010://17.1838</id>

    <published>2010-04-07T19:07:26Z</published>
    <updated>2010-04-07T19:30:38Z</updated>

    <summary><![CDATA[The IRS has released and posted on its website a new form, Form W-11, Hiring Incentives to Restore Employment (HIRE) Act Employee Affidavit.&nbsp;This form can be used by employers who want to claim the new special payroll tax exemption&nbsp;created&nbsp;under the...]]></summary>
    <author>
        <name>Diana Fitzpatrick</name>
        <uri>http://www.nolo.com/</uri>
    </author>
    
        <category term="Small Business Taxes" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.smallbusinesslegalblog.com/">
        <![CDATA[<p>The IRS has released and posted on its website a new form, <a href="http://www.irs.gov/pub/irs-pdf/fw11.pdf">Form W-11, </a><em><a href="http://www.irs.gov/pub/irs-pdf/fw11.pdf">Hiring Incentives to Restore Employment (HIRE) Act Employee Affidavit</a>.&nbsp;</em>This form can be used by employers who want to claim the new special payroll tax exemption&nbsp;created&nbsp;under the HIRE Act (the Hiring Incentives to Restore Employment Act).&nbsp;To claim the exemption, employers must&nbsp;obtain a statement from new hires certifying that they were unemployed for 60 days or worked fewer than 40 hours during the 60-day period prior to being hired. The new Form W-11 can be used for this purpose. In order&nbsp;to claim the payroll tax exemption for new hires&nbsp;and the related new hire retention credit, employers must have this certification in their records--but they don't file the form with the IRS. The IRS also has <a href="http://www.irs.gov/businesses/small/article/0,,id=220745,00.html">FAQs about the payroll tax exemption and new hire retention credit </a>posted on its website at <a href="http://www.irs.gov">www.irs.gov</a>. </p>]]>
        
    </content>
</entry>

<entry>
    <title>Asking the IRS for a Tax Filing Extension</title>
    <link rel="alternate" type="text/html" href="http://www.smallbusinesslegalblog.com/2010/04/asking-the-irs-for-a-tax-filin.html" />
    <id>tag:www.smallbusinesslegalblog.com,2010://17.1826</id>

    <published>2010-04-06T22:50:06Z</published>
    <updated>2010-04-02T19:10:50Z</updated>

    <summary>As anyone -- especially a busy small business owner -- knows, that annual IRS tax filing date can come up quickly. If you need more time to pull together all your tax records and documentation to send to your accountant...</summary>
    <author>
        <name>Diana Fitzpatrick</name>
        <uri>http://www.nolo.com/</uri>
    </author>
    
        <category term="Small Business Taxes" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.smallbusinesslegalblog.com/">
        <![CDATA[<p>As anyone -- especially a busy small business owner -- knows, that annual IRS tax filing date can come up quickly. If you need more time to pull together all your tax records and documentation to send to your accountant or tackle on your own, consider filing for an extension with the IRS.&nbsp;</p><p>Unlike with an amended return which may trigger greater IRS scrutiny of your tax return, filing for an extension should not increase your chances of an audit, according to "<a href="http://online.wsj.com/article/SB10001424052702304739104575153911107389130.html?mod=WSJ_newsreel_smallbiz">Business Owners Look to Extend Tax Time</a>,"&nbsp;a recent article in the Wall Street Journal.&nbsp;</p><p>You must file for an extension by your tax filing deadline, which is April 15 for flow-through entities like sole proprietorships, partnerships, and S corporations. For corporations, the filing deadline is two and a half months after the end of the company's fiscal year.&nbsp;</p><p>Just because the IRS automatically grants you the extra time&nbsp;to file&nbsp;doesn't mean you are off the hook for paying what you owe.&nbsp;You'll get extra time to gather your paperwork and make sure you haven't missed any deductions or credits but you still have to&nbsp;estimate your tax liability for the year and pay that amount when you file for the extension. If you underestimate, the IRS will charge 3% to 6% interest on the amount you underestimated by. And if the IRS thinks you didn't act in good faith, it can add a .5% penalty per month until the liability is paid. Nevertheless, in the end, it is more important that you spend the time to do your taxes accurately. If it means filing for an extension, then take advantage of this automatic reprieve the IRS grants to all taxpayers.</p>]]>
        
    </content>
</entry>

<entry>
    <title>Health Care Reform - What Does It Mean For Small Businesses</title>
    <link rel="alternate" type="text/html" href="http://www.smallbusinesslegalblog.com/2010/03/health-care-reform---what-does.html" />
    <id>tag:www.smallbusinesslegalblog.com,2010://17.1820</id>

    <published>2010-03-31T04:40:26Z</published>
    <updated>2010-04-02T19:15:47Z</updated>

    <summary>To make sure employers play their part in ensuring more workers get health insurance coverage, the new health care law contains a combination of incentives for smaller businesses and penalties for larger businesses. Here&apos;s an overview of the main provisions...</summary>
    <author>
        <name>Diana Fitzpatrick</name>
        <uri>http://www.nolo.com/</uri>
    </author>
    
        <category term="Laws Affecting Small Business" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.smallbusinesslegalblog.com/">
        <![CDATA[<p>To make sure employers play their part in ensuring more workers get health insurance coverage, the new health care law contains a combination of incentives for smaller businesses and penalties for larger businesses. Here's an overview of the main provisions that will impact businesses, as reported by Rhonda Abrams in an article in USA Today called "<a href="http://www.usatoday.com/money/smallbusiness/columnist/abrams/2010-03-26-what-health-care-reform-means_N.htm">The good and bad in health care reform for small businesses</a>."</p>
<p><b>Tax Credit. </b>Small businesses with 25 or fewer employees and $50,000 or less in annual average salaries can receive a tax credit for providing health insurance for employees. For 2010 through 2013, the credit will be up to 35% of the health care premiums the company pays for its employees each tax year. The credit will go up to 50% in 2014 provided the company buys its insurance through the new small business health insurance exchanges that will begin operating in 2014.</p>
<p style="MARGIN: 0in 0in 0pt" class="MsoNormal">&nbsp;</p><p style="MARGIN: 0in 0in 0pt" class="MsoNormal"><b>Penalties. </b>Starting in 2014, businesses with more than 50 employees that don't offer affordable health care options for employees would be subject to a penalty. However, according to a blog on <a href="http://boss.blogs.nytimes.com/2010/03/22/why-health-care-reform-wont-put-greg-ep-out-of-business/">health care reform</a> posted by Robb Mandelbaum in the New York &nbsp;Times, as bad as this may sound, it won't really affect many businesses because "Ninety-six percent of businesses in the country with more than 50 employees offer health insurance (according to the Kaiser Family Foundation). . . .And 95 percent of the 28 million small businesses in America have fewer than 50 employees."</p>
<p style="MARGIN: 0in 0in 0pt" class="MsoNormal">&nbsp;</p><p style="MARGIN: 0in 0in 0pt" class="MsoNormal"><b>Health Care Exchanges.</b> Starting in 2014, Small Business Health Options Programs - or SHOP exchanges - will be established. Through these exchanges, small companies with 100 or fewer employees will be able to pool their resources so they have greater buying power. This could result in tremendous savings for these small businesses. Also acording to Robb Mandelbaum of the New York Times, supporters of health care reform legislation predict that health costs for small businesses will drop by 20 to 30% and the current inequity between what small and big businesses pay for health care will be lessened.</p><p></p>]]>
        
    </content>
</entry>

<entry>
    <title>New Tax Benefits for Small Businesses Under the HIRE Act</title>
    <link rel="alternate" type="text/html" href="http://www.smallbusinesslegalblog.com/2010/03/new-tax-benefits-for-small-bus.html" />
    <id>tag:www.smallbusinesslegalblog.com,2010://17.1811</id>

    <published>2010-03-24T19:03:03Z</published>
    <updated>2010-03-24T19:18:31Z</updated>

    <summary><![CDATA[There are three significant tax breaks for small businesses in the Hiring Incentives to Restore Employment (HIRE) Act signed into law this week.&nbsp; Payroll tax credit: Under the Act, businesses do not have to pay their share of Social Security...]]></summary>
    <author>
        <name>Diana Fitzpatrick</name>
        <uri>http://www.nolo.com/</uri>
    </author>
    
    
    <content type="html" xml:lang="en" xml:base="http://www.smallbusinesslegalblog.com/">
        <![CDATA[<p style="LINE-HEIGHT: 150%; TEXT-INDENT: 0in; MARGIN: 0in 0in 0.25pt; mso-margin-top-alt: auto" class="MsoNormal"><span style="LINE-HEIGHT: 150%; FONT-FAMILY: 'Arial', 'sans-serif'; FONT-SIZE: 10pt; mso-ansi-language: EN" lang="EN"><font color="#000000">There are three significant tax breaks for small businesses in the Hiring Incentives to Restore Employment (HIRE) Act signed into law this week.&nbsp; <o:p></o:p></font></span></p>
<p style="LINE-HEIGHT: 150%; TEXT-INDENT: 0in; MARGIN: 0in 0in 0.25pt; mso-margin-top-alt: auto" class="MsoNormal"><font color="#000000"><b style="mso-bidi-font-weight: normal"><i style="mso-bidi-font-style: normal"><span style="LINE-HEIGHT: 150%; FONT-FAMILY: 'Arial', 'sans-serif'; FONT-SIZE: 10pt; mso-ansi-language: EN" lang="EN">Payroll tax credit: </span></i></b><span style="LINE-HEIGHT: 150%; FONT-FAMILY: 'Arial', 'sans-serif'; FONT-SIZE: 10pt; mso-ansi-language: EN" lang="EN">Under the Act, businesses do not have to pay their share of </span><span style="LINE-HEIGHT: 150%; FONT-FAMILY: 'Arial', 'sans-serif'; COLOR: black; FONT-SIZE: 10pt"><a href="http://www.irs.gov/newsroom/article/0,,id=220326,00.html">Social Security taxes (6.2%) on wages paid to qualifying new hires</a>. Qualifying new hires include anyone hired to a new position after February 2, 2010 and before January 1, 2011 who has been unemployed for at least 60 days or only working part-time. </span><span style="LINE-HEIGHT: 150%; FONT-FAMILY: 'Arial', 'sans-serif'; FONT-SIZE: 10pt; mso-ansi-language: EN"><span style="mso-spacerun: yes">&nbsp;</span></span><span style="LINE-HEIGHT: 150%; FONT-FAMILY: 'Arial', 'sans-serif'; COLOR: black; FONT-SIZE: 10pt">Workers hired to fill existing positions qualify only if the worker they are replacing left voluntarily or for cause. </span></font></p>
<p style="LINE-HEIGHT: 150%; TEXT-INDENT: 0in; MARGIN: 0in 0in 0.25pt; mso-margin-top-alt: auto" class="MsoNormal"><font color="#000000"><b style="mso-bidi-font-weight: normal"><i><span style="LINE-HEIGHT: 150%; FONT-FAMILY: 'Arial', 'sans-serif'; FONT-SIZE: 10pt; mso-ansi-language: EN" lang="EN">Business tax credit</span></i></b><b style="mso-bidi-font-weight: normal"><span style="LINE-HEIGHT: 150%; FONT-FAMILY: 'Arial', 'sans-serif'; FONT-SIZE: 10pt; mso-ansi-language: EN" lang="EN">:</span></b><span style="LINE-HEIGHT: 150%; FONT-FAMILY: 'Arial', 'sans-serif'; FONT-SIZE: 10pt; mso-ansi-language: EN" lang="EN">&nbsp; For qualifying new hires, s</span><span style="LINE-HEIGHT: 150%; FONT-FAMILY: 'Arial', 'sans-serif'; COLOR: black; FONT-SIZE: 10pt">mall businesses can also claim <a href="http://www.irs.gov/newsroom/article/0,,id=220326,00.html">an additional general business tax credit of up to $1,000 per worker </a>on their 2011 tax returns provided the worker stays employed for at least a year. <o:p></o:p></span></font></p>
<p style="LINE-HEIGHT: 150%; TEXT-INDENT: 0in; MARGIN: 0in 0in 0pt; mso-layout-grid-align: none" class="MsoNormal"><font color="#000000"><b style="mso-bidi-font-weight: normal"><i style="mso-bidi-font-style: normal"><span style="LINE-HEIGHT: 150%; FONT-FAMILY: 'Arial', 'sans-serif'; FONT-SIZE: 10pt; mso-ansi-language: EN" lang="EN">Section 179 deductions:</span></i></b><i style="mso-bidi-font-style: normal"><span style="LINE-HEIGHT: 150%; FONT-FAMILY: 'Arial', 'sans-serif'; FONT-SIZE: 10pt; mso-ansi-language: EN" lang="EN"> </span></i><span style="LINE-HEIGHT: 150%; FONT-FAMILY: 'Arial', 'sans-serif'; FONT-SIZE: 10pt; mso-ansi-language: EN" lang="EN">The HIRE Act extends the American Recovery and Reinvestment Act provisions that allow small businesses to <a href="http://dpc.senate.gov/docs/lb-111-2-21.html">deduct up to $250,000 of the cost of qualifying property in the year purchased</a> (with a phase-out for expenditures over $800,000). Without this new legislation, the Section 179 deduction was scheduled to go down to approximately $133,000 in 2010. The extended higher limits apply for any qualifying property purchased during the 2010 tax year. </span><span style="mso-spacerun: yes"><font size="3">&nbsp;&nbsp;</font></span></font></p>
<p>&nbsp;</p>]]>
        
    </content>
</entry>

<entry>
    <title>Mistakes to Avoid When Filing Your Tax Return</title>
    <link rel="alternate" type="text/html" href="http://www.smallbusinesslegalblog.com/2010/03/for-many-small-businesses-its.html" />
    <id>tag:www.smallbusinesslegalblog.com,2010://17.1801</id>

    <published>2010-03-17T20:18:31Z</published>
    <updated>2010-03-17T20:31:26Z</updated>

    <summary>For many small businesses, it&apos;s taxtime. When it comes to doing your tax returns, it pays to slow down and pay attention to details. It&apos;s the small things that can cause delays with the IRS--which means a longer wait for...</summary>
    <author>
        <name>Diana Fitzpatrick</name>
        <uri>http://www.nolo.com/</uri>
    </author>
    
        <category term="Small Business Taxes" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.smallbusinesslegalblog.com/">
        <![CDATA[<p>For many small businesses, it's taxtime. When it comes to doing your tax returns, it pays to slow down and pay attention to details. It's the small things that can cause delays with the IRS--which means a longer wait for you for any refund you are owed. Here is the<a href="http://www.irs.gov/newsroom/article/0,,id=108543,00.html"> IRS list of the most common errors on&nbsp;tax filings</a>:</p>
<ol>
<li><b>Incorrect or missing Social Security Numbers.</b> When entering SSNs for anyone listed on your tax return, be sure to enter them exactly as they appear on the Social Security cards.<br /><br />
<li><b>Incorrect or misspelling of dependent's last name.</b> When entering a dependent's last name on your tax return, ensure they are entered exactly as they appear on their Social Security card.<br /><br />
<li><b>Filing status errors.</b> Make sure you choose the correct filing status for your situation. There are five filing statuses: Single, Married Filing Jointly, Married Filing Separately, Head of Household, and Qualifying Widow(er) With Dependent Child. See Publication 501, Exemptions, Standard Deduction, and Filing Information to determine the filing status that best fits your needs.<br /><br />
<li><b>Math errors.</b> When preparing paper returns, review all math for accuracy. Remember, when you file electronically, the software takes care of the math for you!<br /><br />
<li><b>Computation errors.</b> Take your time. Many taxpayers make mistakes when figuring their taxable income, withholding and estimated tax payments, Earned Income Tax Credit, Standard Deduction for age 65 or over or blind, the taxable amount of Social Security benefits, and the Child and Dependent Care Credit.<br /><br />
<li><b>Incorrect bank account numbers for Direct Deposit.</b> If you are due a refund and requested direct deposit, be sure to review the routing and account numbers for your financial institution.<br /><br />
<li><b>Forgetting to sign and date the return.</b> An unsigned tax return is like an unsigned check - it is invalid.<br /><br />
<li><b>Incorrect Adjusted Gross Income information.</b> Taxpayers filing electronically must sign the return electronically using a Personal Identification Number. To verify their identity, taxpayers will be prompted to enter&nbsp;their AGI from&nbsp;their originally filed 2008 federal income tax return or their prior year PIN if they used one to file electronically last year.&nbsp;Taxpayers should&nbsp;not use&nbsp;an&nbsp;AGI&nbsp;amount from an amended return, Form 1040X, or a math error correction made by IRS.&nbsp;<br /><br />
<li><b>Claiming the Making Work Pay Tax Credit.</b> Taxpayers with earned income should claim the Making Work Pay Tax Credit by attaching a Schedule M, Making Work Pay and Government Retiree Credits to their 2009 Form 1040 or 1040 A. Taxpayers who file Form 1040-EZ will use the worksheet for Line 8 on the back of the 1040-EZ to figure their Making Work Pay Tax Credit. The credit is worth up to $400 for individuals and $800 for married couples filing jointly. Many people who worked during 2009 are&nbsp;slowing down the processing of their tax return by not properly claiming this credit. </li></ol>
<p>&nbsp;</p>]]>
        
    </content>
</entry>

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