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Business Expenses and Building Business Credit

June 6, 2018 Spiegel & Utrera, P.A.

Creating a business is an American dream. Hard work and dedication may not be enough when starting your business. you must keep your eye on the big picture. There are many moving parts. Monitoring business expenses, protecting your work with copyrights or a trademark, securing your ownership of an item, and purchasing equipment for your business, how to keep track of business expenses and building business credit are just a few topics we cover below.

You Made It! How Do You Keep It?

Copy right your intellectual work

Opening day of the hip hop world championship has arrived. For over 10 years you and your crew of 8 guys have been practicing 8 hours a day for this moment right here. You know that these guys love you, but business is business. If they win this competition, it means touring and public recognition. What does that mean for you? Are you just the choreographer and nothing more? Why should they get all the fame? What can you do to make sure that you are securely the sole representative and director of this crew? After all, you need to make money too.

First and foremost, you need to make a contract with the crew. This contract should indicate that you own the copyrights to the dance performance that they are demonstrating on stage. In order to do that, you have to register your original authorship with the federal copyright. The contract should also state that anytime that the dance is performed in this manner, you would receive royalties from it as well as each member of the dance crew.

Copyright your work — business expenses

That’s My Move!

What if someone is already performing my moves? The move is authentic, and it even is referred to as the “cut and dry.” The “cut and dry” is eligible to be copyrighted as soon as the original dance move had been created in fixed form, and then registered with the federal courts. if it is being used after it has been registered, you may sue the person in federal court. However, it is much better to register the copyright, because it creates a public notice that you own the rights and enables you to sue in federal court if someone uses your choreography without your permission.

We’re Going On Tour

To take the crew on tour, is going to be a huge expense. There may be more than just the dancers to bring across the states with you. You need somewhere to place the props for the many new dance routines. You already own one bus, that actually belongs to you, but it looks like you need additional capacity. Each situation is different, but for this situation it is best for you to invest in the second bus from another LLC that has no relation to the crew and lease the bus to that crew’s LLC. This leasing strategy is a great way to build your business credit as well. Another point for leasing the bus to the crew, rather than purchasing it, could be an insurance issue. If the bus is involved in an accident, and the now famous dance crew is the owner of the bus, you may be liable for damages.

Wait! Can I Claim This As A Business Expense?

Another question that has come up is: If the crew decides to go to Disney after one of their shows during their break, does that take away the ability to claim the trip as a business expense? The answer is no. A business trip is a trip taken while conducting business during the eight-hour day. What the crew does on its off time is not going to be questioned. As long as the trip its self was for a business purpose. When a business expenses are claimed however, it is important to only claim the time that was utilized for business.

Visit our YouTube Channel for more information on building business credit and tracking business expenses.

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If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have business 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.

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

Business Succession Planning

December 4, 2017 Spiegel & Utrera, P.A.

BUSINESS SUCCESSION PLANNING

Ineffective business succession planning is one of the leading reasons why family businesses do not survive into the second generation. In the same way that a person would draft a last will and testament, business owners also need to create a succession plan because this ensures that their business survives unscathed. A succession plan gives owners control over their company. This control will prevents fights after the owners becomes deceased. Such advance planning also prevents the Internal Revenue Service from claiming more than is necessary during the transition.

Even though every succession plan is different, here are a few basic rules of thumb:

Start the planning early because planning affords business owners more options. Especially when it comes to mitigating tax liability by transferring ownership to children. This will minimize the size of the tax bill after the death of the owners;
Be objective, determine what the business requires to survive and grow;
Seek the help of accountants and attorneys. Business owners can work toward reducing the family’s tax obligations. Also avoiding possible legal complications between partners and family.
Consider the vested interests of company officers and loyal employees. Business owners can retain talent and they’re best customers.
Lastly, communicate clearly and openly with family members. The business succession plan will best serve the second generation.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have business related questions, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. General Counsel Club members have access to unlimited legal, business, credit and tax advice.

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! Spiegel & Utrera, P.A. will assist you with Incorporation Service, Trademarks, Copyrights, Estate Planning, Legal Counsel, Wills,Trusts, Agreements & Leases, Corporate & Company

Building In Financial Forecasts For Your Business Plan

January 30, 2017 Spiegel & Utrera, P.A.

To attract investors and build a line of credit you need to project business finances

Essentially, you must make educated guesses about how much money will be spent and how much will be taken in. Then you can use these estimates to calculate whether your business will be sufficiently profitable to sustain a bottom line. Usually a business will start off operating lean until you start building a customer base. If your projections show your business losing money initially, then you must consider raising prices or cutting costs while still in the planning stage. This can help you avoid sinking money into a business that cannot be profitable. On the other hand, if your business model shows profitability, then you can start to invest more and build your enterprise.

Understanding projected financial situation through estimates and calculations

Start off with a break-even analysis by estimating income and expenses over the first year. In theory you should be able to turn a profit by the end of the first year. If not, then you must reconsider the business model. After determining the business can turn a profit, then turn to a month-by-month projection of your business’s net profits for the first year. Keep in mind that some businesses will be more or less profitable during certain months due to seasonal turnover. Finally, determine a start-up cost estimate. There are few generic costs that are common to all business types, they include, research expenses, insurance, business license, incorporation costs, permit fees, equipment and supplies, advertising and promotion, borrowing costs, employee costs and technological expenses. These costs should be included in your business plan to give a true picture of how much money you will need to get off the ground.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have business 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.

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

Funding Your Small Business: Consider Crowdfunding

January 16, 2017 Spiegel & Utrera, P.A.

The recession of 2008-2009 made it increasingly difficult to obtain a small business loan. Most lenders want to see an existing financial record that reassures them you will be able to repay the loan. Remember that banks are lenders. They are not investors and they’re not interested in making equity investments in businesses. What is an entrepreneur to do? Most entrepreneurs start their small business with personal savings, credit cards, and personal loans from family and friends.

An alternative that is popular with entrepreneurs is Crowdfunding through websites such as Kickstarter and Indiegogo. Crowdfunding essentially utilizes other backers to finance your product or business. To date, Kickstarter startups have raised over $2,500,000,000 and Indiegogo has funded over $800,000,000.

There are several reasons why crowdfunding may be the answer to financing your business. In an economy where e-commerce allows us to easily make online purchases with the click of the mouse, many consumers still crave more personal connections and are opting for small startups. Investors are always eager to be a part of a startup’s success. Additionally, entrepreneurs who can’t qualify for a bank loan or have decided the risks associated with obtaining a bank loan far outweigh the benefits can pursue crowdfunding without worrying about risks.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have business 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.

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

The Independent Service Contractor

January 10, 2017 Spiegel & Utrera, P.A.

Before any services are performed you must have a written contract
The independent contractor agreement should stipulate the rights and obligations of the service provider and recipient of the services. It must also be dated and signed by the appropriate parties. Independent contractors are self-employed persons who promote their services to the public. Generally, they will control when and how their work is done and provide their own equipment and supplies.

Independent Contractor

Misclassification of Workers
Intentionally misclassifying workers as independent contractors will cause stiff penalties. An employment audit can easily shut down even the most well-established business. Therefore, it is imperative to take all necessary steps to establish an independent contractor relationship. This means not only having an independent contractor agreement but also having the independent contractor establish a separate corporation. Having the independent contractor agreement between two corporations will strengthen the relationship and possibly help avoid penalties.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have business related questions, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. Remember, as a General Counsel Club member, 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

Big Business Strategy for Small Businesses

January 4, 2017 Spiegel & Utrera, P.A.

All small business owners aspire to grow their businesses into a big business. Big businesses utilize market segmentation to focus their sales efforts on a target crowd in order to improve profitability. Small businesses can learn immensely from this simple yet effective big business strategy.

business-strategy — Business Strategy

Ask yourself the following: Who are you trying to sell your goods or services to? Will the target customers encourage profitability? Who are you trying to avoid? Focus on your target customers and concentrate your efforts on securing that specific section of the market. The battle between Pepsi and Coca-Cola is a great example of market segmentation. Coca-Cola is extremely popular with the 30-and-over crowd and Pepsi used this knowledge to cater to a younger crowd by airing commercials in which younger celebrities endorse Pepsi products.

While Pepsi is not the soda heavyweight that Coca-Cola is, Pepsi has still managed to build a successful brand as result of refocusing its marketing efforts.

The critical lesson here is that many small business owners are afraid of eliminating part of their potential market, but focusing on your target customers will make room for a clear path to grow.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have business related questions, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. Remember, as a General Counsel Club member, 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

Mergers Of Nonprofit Organizations

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

Nonprofit organizations can fully and completely integrate their programs, functions, and membership by merging or consolidating. On occasion, two nonprofit organizations will want to combine their functions to expand their outreach to the individuals or groups they serve. A merger involves one of the organizations dissolving and the other organization taking over the assets and responsibilities while a consolidation involves both organizations dissolving and creating and entirely new nonprofit organization. The decision to merge or consolidate is based on legal, tax, or economic concerns, and usually it is a combination of all these factors.

The law imposes strict fiduciary responsibilities on members of an organization’s governing body to ensure that it is in the best interests of the organization. Directors and officers may be held personally liable if they fail to act prudently and with due diligence. It is also important to remember that when merging organizations are tax-exempt under different classifications, the resulting merged entity will generally need to file a new application for federal tax exemption with the IRS.

Mergers and consolidations of nonprofit organizations are complex processes that require the approval of the boards of directors and membership of each organization, and a plan of merger or consolidation must be presented to each organization and its members. In addition, federal antitrust laws prohibit mergers or consolidations that may substantially lessen competition in any line of commerce – including nonprofit organizations. An organization should have legal counsel review the impact of a proposed merger or consolidation due to the complex issues that may arise.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have business related questions, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. Remember, as a General Counsel Club member, 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

Capital Losses VS. Ordinary Losses

December 20, 2016 Spiegel & Utrera, P.A.

capital-gains — Capital Loss Vs. Ordinary Loss

Capital Losses and Ordinary Losses Receive Different Tax Treatment

A capital loss results when you sell a capital asset, such as stocks and bond, for less than your cost. An ordinary loss occurs from the normal operations of a business when expenses exceed income. When capital losses exceed capital gains a net capital occurs. Net capital losses can be deducted up to $3000 from wages, interest, and dividends. If a net capital loss exceeds $3000 then the excess must be carried over to the following year. Individual taxpayers cannot carry back any part of a net capital loss to a prior year. However, corporations do not have a deduction limit and can carry back portions of capital loss to prior years.

Advantages of Ordinary Loss

Ordinary losses are fully deductible in the year loss was incurred and is not subject to a deduction limit. Furthermore, if a loss is taken under Section 1231 then it is fully deductible as an ordinary loss. Section 1231 applies to the sale or exchange of real or depreciable property used in a trade or business and held for over one year. Another benefit under 1231 is that gains are taxed as long-term capital gains at the lower capital gain rates.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have business related questions, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. Remember, as a General Counsel Club member, 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

Separating Strategy Can Greatly Help Your Business

December 13, 2016 Spiegel & Utrera, P.A.

Many companies can fall into the practice of not having a separate strategy for their business. Strategy is something that must not have the restrictions of budgeting or planning. A plan should be used to execute a strategy. According to Forbes, a strategy is: “the result of making choices that answer certain fundamental business questions:

business-strategy — Business Strategy

What businesses should we be in, and how do we add value to them?
Who are our target customers, and what is our value proposition to them?
What capabilities make us best at how we add value to our individual businesses and how well they deliver their value propositions?”

Usually a company has many plans with very little strategy. Another step that should be taken is separating strategy from plan formulation and the calendar. A current strategy is a must in business as opportunities and the environment in which your business is operating can always change. Strategy must also be able to be changed to accommodate for the changing business environment.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have business related questions, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. Remember, as a General Counsel Club member, 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

Money Given Back To Small Business After Out-Of-Date IRS Policy Reviewed

December 6, 2016 Spiegel & Utrera, P.A.

An outdated IRS policy caused a small business owner to turn over nearly $150,000 in his business bank account because of an audit. Prior to October 2014, IRS monitored “structuring” activity, in which some businesses break up banking transactions to curtail suspicion. Transaction over $10,000 are flagged and tip off the IRS to target and investigate potential criminal operations and cash-only businesses.

Money — Refund Given Back To Small Business

The small business owner, because he made made several regular withdrawals under the $10,000 limit, triggered a review of his account. The business owner signed documentation turning over his bank account funds to the IRS. The IRS, however, did not make any clear accusation of the business owner’s alleged illicit activities that warranted the seizure.

In October 2014, the IRS changed its policy regarding structuring and restricted asset forfeiture to owners suspected of criminal activity. Finally, in March 2015, the US Department of Justice issued a policy statement to recommend seizures be directly only to the most serious illegal banking transactions.

IRS Approves Non-Retroactive Repayments os Seized Funds

The changes, however, were not retroactive. The Institute for Justice, on behalf of the business owner, filed for a petition to mitigate their case. On February 18th, 2015, the IRS approved the petition for full repayment of the funds seized by the IRS.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have business related questions, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. Remember, as a General Counsel Club member, 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