Spiegel & Utrera, P.A. – Page 7 – AmeriLawyer – Incorporate, Trademark & Asset Protection

Don’t Misclassify Your Employees

March 22, 2016 Spiegel & Utrera, P.A.

Many persons you may hire as independent contractors may not be so according to recent court rulings around the country. More persons in fields with independent contractors customary in a business model increasingly filing wage and hour claims as employees. Contributing to this uptick in claims is an awareness of plaintiff’s lawyer of successful claims and closer scrutiny by agencies such as the Internal Revenue Service and Department of Labor. Many employers favor independent contractor status to avoid paying minimum wage, overtime, workers’ compensation, insurance and other benefits. However, employers may be liable for these costs as well as additional penalties if they misclassify an employee as an independent contractor. The following are some factors to take into consideration when evaluating whether a person is an employee or independent contractor:

The degree of control that the putative employer has over the manner in which the work is performed
The worker’s opportunities for profit or loss dependent on his managerial skill
The worker’s investment in equipment or material or his employment of other workers
The degree of skill required for the work
The performance or duration of the working relationship
The degree to which the services rendered are an integral part of the putative employer’s business

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have questions about hiring process, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. Remember, as a member of the General Counsel Club, you receive unlimited legal, business, credit and tax advice all year long.

Spiegel & Utrera, P.A. is a corporate law firm with its main offices located in Miami, Florida with offices throughout the United States. As a law firm, we do more than just help you form your business entity. We stand ready to help with the maintenance of your legal business entity! We will assist you with Incorporation Service, Trademarks, Copyrights, Estate Planning, Legal Counsel, Wills, Trusts, Agreements & Leases, Corporate & Company Changes.

Is This The Right Time To Start A Business?

March 8, 2016 Spiegel & Utrera, P.A.

With the 2016 presidential election right around the corner and the race to become the most powerful leader in the world, it is no surprise that the subject of “small business” is starting to pop up more and more in the campaign trails and televised debates. Every candidate, whether a Democrat or Republican, has a different strategy when it comes to startups leading to entrepreneurs wondering if this is the right time to start a business. We’ve heard many ask if it’d be best to wait after we elect a new president. The answer is always NOW! We want to help you understand the ins and outs of starting a business and to succeed as an entrepreneur.

Many entrepreneurs rush in and launch their business without the proper advice and without thinking it through. To begin, seek the advice of a professional, attorney and accountant, and ask yourself a few questions:

Who will you sell to? Who is your market share? The more narrowly you are able to define your target market, the better. Whether it’s teenagers, elderly, midsized businesses, hotels, narrowing the scope helps you focus to their specific needs. You will need to do some market research to discover the most profitable target market for your services or products.
Who is your competition? Have your friends close, and your competition even closer. When you conduct the market research, it will reveal your competition. Who are they, what are they offering, and what you can do better. What are their key advantages and selling points, what can you offer that is better or different to meet the customers’ needs?
Where will you be located? Many businesses today are virtual; they have a telephone, fax, scanner and that is it. But location, depending on the business, may affect your startup costs drastically if it has to be a brick and mortar business. Do you need to rent a commercial business location or could you get by in a small space or working from a home office?
How much will it costs to get started? How much capital do you need to start this business? Be sure to include incorporation costs, costs of location costs of inventory, equipment, taxes and employees. A good rule of thumb is to have enough to finance your business for 6 to 18 months.
Who will do the work? Do you need to hire staff? If so, that adds to the expenses. How much of the work can be done by you and your loved ones? Many times clients start as a one man show. As demand for your products or services increases, so would you need to evaluate manpower. Take a look at the situation on a day-to-day basis.

Taking all these things into consideration can help you start your business or your second business. Always do your homework, but do not delay in taking the plunge; if you do not risk you will not reap the rewards!

Check out our Radio Show for valuable insight from a seasoned entrepreneur on How to Start a Business.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have questions about starting or running a business, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. Remember, as a member of the General Counsel Club, you receive unlimited legal, business, credit and tax advice all year long.

“Heart Act” Helps Reservists Meet Their Daily Needs

March 3, 2016 Spiegel & Utrera, P.A.

The US Senate Finance Committee recently approved a series of tax credit extensions, including a 2-year extension that assists small businesses, military reservists, and National Guard members called to active duty. Originally enacted as part of the Heroes Earnings Assistance and Relief Tax Act of 2008 (The Heart Act), the provision provides a tax credit of 20% to small employers with under 50 employees. The 20% is calculated from the differential amount that an employer would pay while the employee is on active duty. For example, if a reservist gets paid $2,000 per month from their employer, but only $1000 per month while on active duty, an employer would get a tax credit on $1,000 (or $2000) that the employer would pay to maintain the $2,000 per month salary.

The credit incentives small businesses to continue paying their employee’s salary, therefore ensuring that reservists, the men and women in the National Guard, and their families, are able to meet their daily needs.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have questions about Tax Credits, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. Remember, as a member of the General Counsel Club, you receive unlimited legal, business, credit and tax advice all year long.

Understanding How To Write Or Respond To A Demand Letter

February 29, 2016 Spiegel & Utrera, P.A.

What is a Demand letter? A letter of demand is sent to a person or organization who owes you money (a debtor) following your sale to them of goods or services. The letter advises the debtor of the amount outstanding and threatens court action to recover the debt if it is not paid within a certain time.

Why send a Demand Letter? A letter of demand serves two primary purposes. First, it warns the debtor of your intention to commence legal proceedings unless payment is made and gives the debtor one more opportunity to pay. Secondly, the letter is a document which may be tendered in evidence during court proceedings as written proof of your claim of the debt owed and your attempt to settle the matter. Other reasons include:

It can be legally required prior to litigation.
It best preserves your remedies for charging interest. It may qualify you for extra. remedies such as statutory penalties and attorney fees.

Copies of any relevant documents such as contracts, letters of agreement, invoices, etc, should be listed and attached to the letter of demand to assist the debtor to identify the transaction and his liability to pay. It is advisable to send the letter of demand by registered post or fax to confirm receipt. You’d be surprised how often a demand letter from a lawyer can work without you having to go to court.

How do you Respond to a Demand Letter?

Do not ignore a letter of demand from a creditor or debt collection agency for monies owing.
Carefully check the letter for any matters that are unclear.
Seek legal advice from one of our attorneys if the claim is disputed.
If you do not dispute the claim, contact one of our attorneys to contact the creditor and attempt to negotiate settlement of the matter.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have questions about Writing or Responding to a Demand Letter, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. Remember, as a member of the General Counsel Club, you receive unlimited legal, business, credit and tax advice all year long.

Has YOUR Attorney Reviewed The Commercial Lease Agreement?

February 23, 2016 Spiegel & Utrera, P.A.

Before you enter into a Commercial Lease Agreement there are important considerations to be made as to why it should be reviewed by your Attorney.

1. The Landlord: Leases are usually drafted by the Landlord or their attorney and , therefore, typically the terms are favorable to and beneficial for the Landlord.

2. Lease Size: Leases tend to be so voluminous and dense from the tenant’s point of view. The Landlord is unlikely to take a careful review of the lease document to assure it reflects your lease and the terms you agreed to. Additionally, due to the volume of the Lease and the use of legalese sometimes you as the Tenant are not certain as to what you are signing. For example, a personal guaranty provision – which eliminates any protection your corporate entity or limited liability company might provide against someone suing your business and attaching your personal assets – is often buried deep in a lease agreement or in the exhibits and most times Tenants do not realize they have a signed one. Your attorney will carefully review the lease documents and sift through all the legalese.

3. Protection from competition. Your attorney will likely make a point of reviewing your Lease agreement to be certain that your Lease prohibits the Landlord from renting to your direct competition.

These three points only scratch the surface!

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have questions about Commercial Lease Agreement, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. Remember, as a member of the General Counsel Club, you receive unlimited legal, business, credit and tax advice all year long.

Taxing Severance Pay

February 15, 2016 Spiegel & Utrera, P.A.

Many employers have typically interpreted their FICA (Federal Insurance Contributions Act) obligations (i.e., Social Security and Medicare) to extend to severance pay based on the IRS treating severance pay as wages, but that may change. Employers making severance payments may be entitled to a refund if the employers withheld FICA.

This year, the U.S. Supreme Court will hear a case regarding whether severance payments should or should not be subject to FICA. In the pending case, the lower court ordered that the IRS give a full refund of $1,000,125 to the employer. The lower court found that payments the employer made to employees who were involuntarily terminated due to business cessation were considered supplement unemployment compensation benefits (SUB payments) that are not taxable wages under FICA.

A ruling in favor of the employer would lower costs for employers. Employers would no longer be required to make FICA contributions on severance payments. Additionally, employers may be entitled to a refund on previous severance payments. Accordingly, employers should consider filing protective refund claims so that they can keep the statute of limitations on refund claims open pending review of the above mentioned case by the U.S. Supreme Court. Employees may also file claims for refunds.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have questions about Taxing Severance Pay or Filing Protective Refund Claims, call (800) 734-9900 orclubassist@amerilawyer.com for assistance. Remember, as a member of the General Counsel Club, you receive unlimited legal, business, credit and tax advice all year long.

Spiegel & Utrera, P.A. is a corporate law firm with its main offices located in Miami, Florida with offices throughout the United States. As a law firm, we do more than just help you form your business entity. We stand ready to help with the maintenance of your legal business entity! We will assist you withIncorporation Service, Trademarks, Copyrights, Estate Planning, Legal Counsel, Wills, Trusts, Agreements & Leases, Corporate & Company Changes.

Asset Protection With A Limited Liability Company

February 10, 2016 Spiegel & Utrera, P.A.

There are several factors that have to be considered before organizing a Limited Liability Company (LLC) that can protect assets from the reach of creditors in a legal dispute. Some of the factors to be considered in making this baseline determination should include:

The legitimate business purpose of the LLC
The number of owners in the LLC and how the LLC may need to be divided or funded among those owners
The taxation of the LLC
The ongoing costs of the LLC
The history of use of a LLC for the particular purpose it’s being considered for, including case law

Assuming these all support the LLC as a good fit for the usage at hand as opposed to some other legal structure such as a corporation, trust, or partnership, you must look at some other specific factors to determine how many LLCs an individual may need. Contrary to popular belief, you don’t always need a separate LLC for every piece of real estate. Similarly, an LLC is not a universal fit for every situation or every asset. It should not be funded like a garbage can, where multiple properties, businesses, and even safe passive assets are mixed into a cocktail of liability. This is a common fatal flaw seen in asset protection plans that are structured without assistance of an experienced attorney.

It is critical for business owners to seek preventive legal counseling to carefully consider creation of asset protection plans before legal disputes have arisen so that LLCs can be properly used as one of the tools to protect assets.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have questions about Asset Protection, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. Remember, as a member of the General Counsel Club, you receive unlimited legal, business, credit and tax advice all year long.

Peyton Manning, Cam Newton, Entrepreneurs – We All Have This In Common

February 4, 2016 Spiegel & Utrera, P.A.

Traits Of Successful Football Players and Entrepreneurs

If you’re asking yourself what Peyton Manning or Cam Newton can teach you about entrepreneurship, read on!

Entrepreneurship is not for everyone. Work days can be long and never-ending, there may be no time for a personal life outside of the office, and the combination of both are known to negatively impact one’s health and happiness. However, the benefits far outweigh the sacrifices for successful entrepreneurs who persist and thrive: among other things, freedom, flexibility or a steady income await those who have what it takes.

Experienced football players are as passionate about winning as entrepreneurs are. In order to be a successful athlete you have to be willing to put in the long hours of training, staying in shape, accept some losses, obstacles and never lose sight of your end goal. There’s no quitting time, and if you’re not fully into it, you’re in the wrong business.

Successful football players and entrepreneurs possess the following integral qualities:

1) Perseverance. Entrepreneurs and football players are survivors. They will come across a multitude of challenges both internal (self-doubt and fears) and external. They both have the ability to stay optimistic, battle the challenges, work hard and continue to fight the fight.

2) Strong Leadership Skills. A leader is someone who values the goal despite the mountain of work required to reach that goal. A leader has exceptional communication skills and the ability to motivate his or her team of people toward a common goal.

3) Willingness to Fail. Successful football players and entrepreneurs are risk takers who have a mastered a very significant hurdle: they are not afraid of failure. Things will not go according to plan. You will experience all manner of setbacks and challenges. You will make an occasional wrong choice. Do not be afraid to fail! They will never ask themselves, “What if…?”

4) Know What You Don’t Know. They both understand that there’s always a lesson to be learned. They know that there is a wealth of information and resources available to them. They are not afraid to ask questions and gather much-needed information that will help them make the best decisions.

One of the biggest mistakes athletes and entrepreneurs make is that they assume success is immediate. Successful entrepreneurs can agree that if you really want to succeed, stay committed to your goal and develop a plan to execute it, step by step.

What Type Of Business Entity Will You Form

January 28, 2016 Spiegel & Utrera, P.A.

Of all the choices you make when starting a business, one of the most important is the type of legal structure you select for your company. Not only will this decision have an impact on how much you pay in taxes, it will affect the amount of paperwork your business is required to do, the personal liability you face and your ability to raise money. With so many choices of type of formation such as a C Corporation, S Corporation, LLC, General and Limited Partnerships (LP), it is important for entrepreneurs to evaluate the following main criteria:

Legal Liability – to what extent do you need to be insulated from legal liability?
Taxes – what are the opportunities to minimize taxation based on your situation?
Cost of Formation and Administration – State filing fees and record-keeping vary from state to state and type of entity.
Flexibility – a maximize the flexibility of the ownership structure by considering the unique needs of the business.
Future Needs – you must plan for uncertainties such as disability or selling your business.

These are only the primary criteria for most business owners, your personal and business situation may have to involve the analysis of more criteria in selecting the appropriate business entity. The advice of a trained corporate lawyer should not be ignored when making such a decision.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have any questions about what type of business entity you should form, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. Remember, as a member of the General Counsel Club, you receive unlimited legal, business, credit and tax advice all year long.

Be Aware Of Your Rights When Dealing With The IRS

January 25, 2016 Spiegel & Utrera, P.A.

In a recent matter with the IRS, a business owner had paid a balance due in full for a business tax debt; however, the IRS had used the payment to offset another liability that the business had incurred.

In situations such as these and in order to ensure that taxpayers are aware of their rights when disputing IRS actions, the agency has released a Taxpayer’s Bill of Rights. Int the business taxpayer’s situation, it is critical to indicate to what debt a payment should be attributed; otherwise, the IRS will designate the payment to any liability that serves the IRS’s interest, such as penalties and interest.

we-the-people — We The People – Be Aware of Your Rights

It is important, therefore, to be aware of your rights when dealing with IRS decisions as a business owner. These include:

The Right to Be Informed
The Right to Quality Service
The Right to Pay No More than the Correct Amount of Tax
The Right to Challenge the IRS’s Position and Be Heard
The Rights to Appeal an IRS Decision in an Independent Forum
The Right to Finality
The Right to Privacy
The Right to Confidentiality
The Right to Retain Representation
The Right to a Fair and Just Tax System

While many issues can be resolved via a phone call to the IRS or a visit to the nearest taxpayer assistance center, more serious disputes can be addressed through an independent forum. These include the Taxpayer Advocate Service (an independent organization within the IRS), the office of Appeals, and the U.S. Tax Court. Representation is strongly encouraged when pursuing an appeal to ensure that your business interests are zealously advocated.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have any tax related questions, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. Remember, as a member of the General Counsel Club, you receive unlimited legal, business, credit and tax advice all year long.

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