Entrepreneur – Page 7 – AmeriLawyer – Incorporate, Trademark & Asset Protection

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.

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.

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.

Where Are The Jobs Going To Come From?

January 21, 2016 Spiegel & Utrera, P.A.

If our presidential candidates are telling you that small businesses will lead to more jobs, you may want to continue reading…

A census survey showed that the number of small businesses without employees increased by .04% totaling approximately 72.72 non-employers for every thousand residents. The average sales by these businesses, on the other hand, decreased by approximately 0.2%. The survey suggests that the supply products offered by these non-employee businesses exceeds the demand or, alternatively, that small businesses start up without offering any products for market. Though the ADP national employment report shows that private sector jobs rose by approximately 182,000 jobs in October 2015, small business job creation was down one point from the previous month.

Analysts suggest that while these small, non-employer businesses offer an economic function, their increasing number, combined with less than 4% of all business revenue, leads to a greater spread and, therefore, diluted revenue for these companies.

IMAGE DISTRIBUTED FOR AMERICAN EXPRESS OPEN - The owner of Merz Apothecary in Chicago prepares for the increase of traffic expected on Small Business Saturday after a front window makeover thanks to designer Simon Doonan. (John Konstantaras / AP Images for American Express OPEN) — Small Business Owner

The census data accounts for the increasing number of non-employer businesses as part-time endeavors by self-employed people or full-time workers engaged in on-the-side, self employed business activity. For those small businesses that do seek to become employers, the inhibition to do so stems from factors such as high costs for benefits, health care, and wages.

In conclusion, our presidential candidates need to outline a plan to curb the high costs of employee benefits and employee healthcare for the small business owner. Lowering these costs may lead to additional hiring by the small business owner. In turn, hiring new talent may lead to more sales, more projects, and, thus, growth!

TAKE MATTERS INTO YOUR OWN HANDS!
While government tries to figure out a plan to lower the costs for the small business owner, Larry Spiegel, continues working with entrepreneurs to start and grow their business! Listen to Larry’s radio show, “Start, Expand, Buy, Sell Your Business”, episodes for a common sense approach to starting and growing your business. Spiegel provides sound advice based on decades of attending the school of hard knocks, bootstrapping his way to the top.
Listen Here!

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.

Foreign Accounts Being Reported To IRS

January 19, 2016 Spiegel & Utrera, P.A.

The Foreign Account Tax Compliance Act (FATCA) is just the latest manifestation of a long tradition of international cooperation for law enforcement and tax collection purposes, specifically contained in various Tax Information Exchange Agreements that the U.S. has signed with a multitude of other countries. FATCA imposes a 30% withholding requirement on payments from the U.S. to any Foreign Financial Institution that has not registered with the IRS and agreed to follow certain procedures for detecting and reporting accounts held by U.S. taxpayers. In order to improve tax compliance and implement FATCA, the U.S. has entered into Intergovernmental Agreements that essentially require treaty partners (FATCA Partners) to adopt FATCA as their national law.

Two types of U.S. accounts are subject to FATCA reporting and are referred to as “Reportable Accounts”. The first type is a Depository Account held by an individual who is a resident of a FATCA Partner country and that receives more than $10 of interest in any given calendar year. Depository Accounts are basically checking, savings, certificates of deposits and similar types of accounts, including certain interest-bearing insurance investments. The other type of Reportable Account is a Financial Account held by a resident of the FATCA Partner country, including entities that certify that they are resident in the FATCA Partner country for tax purposes. A Financial Account is basically any account maintained at a Financial Institution. U.S. citizens and tax residents, living in the U.S. or abroad, who have accidentally or intentionally failed to report income, bank accounts, corporations, trusts or other assets outside the U.S. are increasingly at risk of being detected, fined and in some cases even incarcerated and deported. Anyone unsure whether they have fulfilled all their tax and information reporting obligations should seek the privileged advice of a U.S. tax attorney as soon as possible to determine the safest and most economical way of resolving their non-compliance prior to detection.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have more questions about foreign accounts, 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.

Are you an accountant? Get listed in our online accountants list as well as our accountants published paper insert that is included with every new business formation. To be inlcuded in our list, free of charge, email us your business contact details at accountants@amerilawyer.com

What You Have To Do Next After You Win $1.4B Powerball

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

As you work hard and commence to acquire assets and invest in different things, it is often a chilling thought to imagine something happening to you and what is to then happen to your assets and your loved one’s access to these assets.

Many times poor planning leads to loved ones having to spend too much money attempting to marshal and probate someone’s estate, because the person either did not even have a will or passed away with only a will, which requires a probate be established in the competent court.

“A trust is an arrangement where either money, real estate or other assets are transferred from the settlor, many times while the settlor is still alive, to be managed and administered for the benefit of another pursuant to the terms of the trust agreement”

A revocable living trust is where the trust is created during the settlor’s or grantor’s lifetime and can normally be changed and modified during the settlor’s or grantor’s lifetime. Generally, the revocable living trust is created by a written document, known mainly as a trust instrument or trust agreement. The funding of the trust should occur at the same time or shortly thereafter. Funding or vesting requires assets to be transferred into the trust.

Many times the grantor or settlor, the creator of the trust, and the trustee and the administrator of the trust are the same individual, and the grantor or settlor has the right to amend or revoke the trust.

The primary reason to consider using a revocable living trust is to avoid the sometimes lengthy and expensive probate process which many will be subject to when their loved one passes with or without a will only. The trust provides that in the event of the grantor or settlor’s incapacity, mental or physical, or death, the successor trustee takes over the administration of all trust property.

The most important or popular reason for its use is the avoidance of probate upon the grantor’s or settlor’s death. Probate is avoided because the Trust assets are owned by the trust rather than the grantor or settlor.

Do you have any questions about trusts? It is important that you have a well drafted trust. Speak to one of our attorneys by calling 800-743-9900 or visit our website www.AmeriLawyer.com today!

Are You Taking The Leap Into Franchising?

January 7, 2016 Spiegel & Utrera, P.A.

There are more than 3,000 franchises in the United States; the vast majority are unknown to the average consumer. Many entrepreneurs consider buying a franchise due to brand recognition and access to turn-key operations. However, there may be many pitfalls to becoming a franchise that many entrepreneurs fail to consider before entering into a franchise agreement. The following are some key issues to consider before taking the leap into franchising:

Is it a good business opportunity? Even if you are buying a franchise, you need a business plan. Franchisors often provide information that can be inserted into your plan, but you should not rely on the franchisor. You need to analyze your own market and consider enlisting professional help.
Who is the franchisor? Entrepreneurs should ask questions related to the business model, the uniqueness of the product or service, competitors, long-term value, marketing support provided, royalties and franchise fees, and hidden costs such as rents and annual meeting requirements.
What do other franchisees say? You should consider talking to past and current franchisees to discuss their experiences.
What does it cost? Federal law and most states require that you receive a franchise disclosure document and franchise agreement that discusses all fees and costs, past performance, and other relevant financial and legal information. Review of these documents should not be taken lightly, and it is highly suggested to have an experienced franchise law attorney review the documents.

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

Which Entity Does NOT Pay Federal Taxes?

January 5, 2016 Spiegel & Utrera, P.A.

When the time comes to hand the IRS your money, it’s no secret that the byzantine tax code they have created is built for confusion over efficiency. Here are some things every entrepreneur should know about filing taxes for an LLC:

First, unlike a Corporation, an LLC is a pass-through entity – this means that the company itself will not have to pay any federal taxes at the company level. The individual members will pay taxes or any distributions they receive from the LLC. If the LLC has only one member, you will be taxed like a sole proprietorship. This means that you will figure your profits and losses on IRS Form 1040, Schedule C when you file your personal income tax return.

However, if your LLC has multiple members, you will be taxed as a partnership. Each member will report their profits on IRS Form 1040, Schedule E when they file their personal tax return. The partner’s share of profits and losses should be clearly defined on a well-drafted Operating Agreement in order to avoid conflict. In addition, the multi-member LLC must distribute a Schedule K-1 to each member in order to show that member his or her share of LLC income.

Always check with your State’s tax collector for any “franchise taxes.” These are additional state taxes imposed on LLC’s that reach a certain income threshold.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and you need assistance filing your LLC taxes, 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 Careful With Your Self Directed IRA Or Else

November 18, 2015 Spiegel & Utrera, P.A.

Self-directed IRA’S are commonly used vehicles for investing IRA funds into assets without having to immediately pay taxes on the funds used for investments. These IRA-owned LLC‘s operate out of a business checking account with the “Manager” of the LLC (also the IRA account holder) being the authorized signer on the account. If the account holder is not extremely careful, the self-directed IRA may create major tax and legal problems. Specifically, tax-exempt status may no longer be afforded to the IRA and the entire value of the IRA may be treated as taxable to the account holder, including possible interest and penalties.

Ensuring that the account holder does not engage in, what the IRS considers, “prohibited transactions” is key to avoiding these potential issues. Generally, the self directed IRA shall not interact, or transact matters, with “disqualified persons.” Disqualified persons include, but are not limited to, the IRA account holder; the account holder’s spouse; lineal descendants, lineal ascendants, and spouses of these persons; and, business entities owned 50% or more by these people. It is important to note that any direct or indirect interaction, and even minor transactions, between the IRA and a disqualified person may result in the complete taxation of the IRA.

Visit our website for more information and to make sure your interests are protected!

Email: info@Amerilawyer.com

Misclassifying Workers Can Lead to Costly Penalties

November 5, 2015 Spiegel & Utrera, P.A.

Avoiding payroll taxes by intentionally or unintentionally misclassifying employees as independent contractors is a costly mistake.

Most often the misclassification will be discovered during an audit or if a former worker files a complaint. Under “the twenty factor test” in Revenue Ruling 87-41, an employee is anyone who performs services for an employer if the employer can control what will be done and how it will be done. However, in an independent contractor relationship the employer has the right to control or direct only the result of the work done, and not the means and methods of accomplishing the result.

How to properly create an independent contractor relationship?

Foremost, you must have an independent contractor agreement in place. This will help define the responsibilities of the indepependent contractor to follow proper standards under the law. Next, the independent contractor should set up his own corporation or LLC. Then the independent contractor relationship is between two entities. This helps the employer prove he is not controlling methods to accomplish the result. To help understand how to create an independent contractor relationship, speak to one of our specialists at (800) 603 – 3900 or visit our website today!

Posts categoriezed as Entrepreneur