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Posts categoriezed as Tax

Worker’s Compensation Fraud Concerns Small Business Owners

Worker’s Compensation Fraud Concerns Small Business Owners published on

A recent study found that one in five small business owners, defined by this sample as having under 100 employees, is concerned about compensation fraud and is unprepared to identify it or properly deal with the consequences. The same study found that approximately 13% of small business owners are concerned that one of their employees would commit fraud by faking an injury or illness.

filling up a work injury claim form

A senior executive of a fraud investigations company noted that he sees more and more businesses installing surveillance cameras. Common flags for potential worker’s compensation fraud include employees with histories of filing claims, untimely claims, incidents occurring around the same time as a change in employment status, and lack of witnesses. The most common indicator, according to the executive, was an untimely report, such as when an injury occurred during the weekend and was reported early in the workweek to claim worker’s compensation.

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

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Safe Harbor For Seeking Accredited Investors

Safe Harbor For Seeking Accredited Investors published on

If you are seeking to raise money for your business through private offering, the US Securities and Exchange Commission  (SEC) recently changed the rules regarding broad solicitation and general advertising under Rule 506 (c). Your company may take reasonable steps to ensure that all purchases are being made by accredited investors to satisfy the SEC rules when such accredited investors have approached the company following the general solicitation. The SEC provides non-exclusive means of achieving a safe harbor under the rule for verifying the income of the accredited investor, which include reviewing Internal Revenue Service forms that report income for the two most recent years.

When this is not available, review of the Internal Revenue Service forms that report income for the two years preceding the recently completed year and obtaining written representations from the purchaser that (i) an Internal Revenue Service form that reports the purchaser’s income for the recently completed year is not available, (ii) specify the amount of income the purchaser received for the recently completed year and that such amount reached the level needed to qualify as an accredited investor, and (iii) the purchaser has a reasonable expectation of reaching the requisite income level for the current year satisfies the SEC rule.

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

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Girl Scouts: Are They Too Direct?

Girl Scouts: Are They Too Direct? published on

From the moment the phrase “Girl Scouts” is uttered, minds drifts to one thing: COOKIES! Thin Mints, Tagalongs, and Samoas — they are all so delicious, but sadly, their sale is sporadic and disappearance rapid. Once Girl Scout cookie season is over, it is impossible to find any of those delicious morsels distributed online or in your local grocery store, leaving consumers of these delectable delights contemplating the reason. Well, the answer is simple: aside from the Girl Scouts being absolutely adorable and it being unthinkable to say no to their little faces, the Girl Scouts use one of the oldest business strategies: direct sales. In a direct sales model, the business sells its products directly to the end consumer, rather than selling products in large volumes to distributors and stores. While the direct sale approach may be challenging, it offers control, flexibility, and immediate customer evaluation.

girl-Scout-Cookies

Direct sales provide business owners with the opportunity to manage their own personal relationships with their customers, which helps business owners understand and adapt to the needs of their customers. Also the feedback gained from direct sales interactions may be useful in evaluating the effectiveness of the business’s marketing campaigns, which will ultimately allow the business owner to tailor the development of products or services to consumer interests. Furthermore, a business that uses a direct sales model is less reliant on retailers, which may provide a stronger position in a negotiation with a retailer and allow the company to potentially secure a larger share of the profit from its products. So this year, when getting your cookie fix from the Girl Scouts, please take notes, because their business strategy is sure to leave you wanting more, while fostering a sweet sense of loyalty to their business brand.

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

Your Small Business Needs NDAs

Your Small Business Needs NDAs published on

Nondisclosure agreements, also called NDAs or confidentiality agreements, can protect your business’s non-public information, such as trade secrets, patents, designs, client lists, and marketing research. An NDA is a legally binding contract between parties who agree to keep certain information confidential. The information may be shared during the course of employment or during a business transaction or interview. When someone who has agreed to protect secret information violates the NDA, the other party may sue for injunctive relief to stop the release of information and recover damages-possibly including lost profits. The following are some of the components a well drafted NDA includes:

  • Confidential information protected and excluded
  • Obligations of receiving party
  • Consequences of breach
  • Length of agreement
  • Method of dispute

ConfidentialityAgreement

Whether you have an innovative business plan, a secret recipe, or a great invention, confidentiality may be the key to your business’s success. In the course of doing business, it’s inevitable that you’ll have to share this confidential information with employees, colleagues, investors, etc. You must take proactive steps to protect your confidential information. It is advisable to let an attorney prepare an agreement protecting your business information now to save a legal headache and potential loss of business later.

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

Heavy Is The Head That Uses The “Crowd”

Heavy Is The Head That Uses The “Crowd” published on

Once upon a time there lived a king who carried the burden of raising funds for his business. He sought the advice of investors, and urged his circle of subjects to contribute to his business. Yet, no one was eager to bestow such a gift. Then from the dark ages emerged the almighty internet, which allowed the king to reach across the vast kingdom and solicit funds from a plethora of subjects through crowdfunding.

crowdfunding1

Crowdfunding is a method of raising capital via social media and crowdfunding platforms. Crowdfunding platforms such as Kickstarter, Indiegogo, and RocketHub, allows you to create a fundraising campaign for your business and safely request donations from thousands of investors. This centralize method allows you to streamline your fundraising efforts in one location and eliminates the need to pursue each investor individually. But beware, the money you earn must be used to fund your campaign or you risk being dethroned and ruled by the Federal Trade Commission (“FTC”).

The FTC took legal action against the deceptive tactics of a project creator who raised money to produce a board game through a Kickstarter campaign. The project creator promised his investors great rewards upon completion of his board game, and raised more than $12,000.00 from hopeful investors. But instead of bestowing such gifts of gratitude as promised, the project creator spent most of the money on rent moving to Oregon, personal equipment, and licenses for different projects. In the end the project creator agreed to a settlement that prohibits him from deceptive representations related to any crowdfunding campaigns in the future and requires to honor any stated refund policy. While crowdfunding may be a great way to fund your empire, if you abuse such platforms, you may be the subject of a FTC beheading.

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

Investing In Tax Lien Certificates

Investing In Tax Lien Certificates published on

Every piece of real estate in the US is subject to property taxes

If these taxes are not paid then the real estate becomes “tax delinquent.” This is the first step toward tax foreclose. After foreclosure the county’s main concern is to generate enough revenue from the property to offset lost revenue. This means that properties can be bought for extremely low prices at a tax sale because the county is just looking to get the property off its books. To accomplish this, counties will look to sell ‘tax lien certificates” to investors.

tax-lien

Tax lien certificate can generate a return of almost 20%

A “tax lien certificate” is not equivalent to ownership interest in the property, and the delinquent property owner still owns the property. However, the tax lienholder is entitled to repayment for the amount of the tax lien plus the interest. Furthermore, if the property owner fails to pay off the lien within a “redemption period,” the lienholder has the right to foreclose on the property and tax ownership. If done correctly, a junior secured position, such as a tax lienholder, can take priority over a senior secured position, such as a bank holding promissory note.

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

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

Financing Your Small Business: Small Business Administration Loans

Financing Your Small Business: Small Business Administration Loans published on

All businesses start with a great idea, but a business needs the right funding to truly launch a business venture. However, obtaining the right kind of funding is an obstacle in itself for many small business owners. Some of the more popular funding options for entrepreneurs include:

  1. Self-Financing
  2. Friends and Family
  3. Credit Cards
  4. Bank Loans
  5. Business/trade credit
  6. Venture capitalists and angel investors

Another alternative form of funding is the Small Business Administration (SBA) loan program. The SBA offers several types of loans including the SBA 7(a) Loan, the SBA 504 Loan, and the MicroLoan Program.

Small Business Loan

SBA 7(a) Loan. The 7(a) loan is the SBA’s most common loan program. This loan is for both start-ups and existing businesses who use the money to finance purchase of real estate, equipment, furniture, inventory, cover accounts payable, and other short-term working capital needs. The loan amount can be up to $2 million. The length of the loan is up to 25 years maximum for real estate or seven years maximum for working capital.

SBA 504 Loan. The 504 term loan finances long-term fixed assets and is a zero subsidy program. Additionally, this loan typically is applied toward investments in real estate assets and machinery. The loan amount can be up to $1 million for general purposes or up to $1.3 million for public policy goals. The length of the loan is 10 to 20 years.

MicroLoan Program. This loan is specifically for start-ups that couldn’t obtain other means of funding due to poor credit and lack of assets. The MicroLoan typically goes to small businesses with five employees or fewer. The loan amount can be up to $35,000 and the length of the loan is a maximum of six years.

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

If You Run A Minority-Owned Business, Obtaining Minority-Owned Business Certification May Help Your Business

If You Run A Minority-Owned Business, Obtaining Minority-Owned Business Certification May Help Your Business published on

The U.S. Small Business Administration has implemented the 8(a) Business Development Program, which provides business assistance to small disadvantaged firms/businesses that are 1) At least 51% owned and controlled by individuals belonging to a social minority group and 2) businesses that can prove economic disadvantage in their ability to compete in their industry.

Woman with Open Sign

The goal of the SBA’s 8(a) Business Development Program is to help socially and economically disadvantaged entrepreneurs gain access to the economic mainstream of American society. Some of the benefits of the program involve receiving sole-source contracts of up to $4 million for goods and services and $6.5 million for manufacturing. The Program provides managerial, technical and contractual assistance to ready you and your business for success in the private industry.

Please note that the SBA also provides special certifications for Service-Disabled Veteran-Owned Businesses as well as Women-Owned Businesses, which includes the benefit of obtaining federal contracts for eligible women-owned small business.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and interested in obtaining  a Minority-Owned Business Certification, 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

Increase Sales With Proven Customer Service Techniques

Increase Sales With Proven Customer Service Techniques published on

How much business do you lose as a result of poor sales and customer service skills? If all your management, employees, and sales force work on some simple techniques, the returns in sales and customer satisfaction will amaze you!

FOCUSING ON THE CLIENT: A successful business must take the wants and needs of its clients into consideration. If you are able to listen and tailor the way you present your services or products to match each client’s individual needs or wants, it will result in a much more powerful and successful sales strategy than simply delivering a general, all-purpose pitch about a particular service or product that you are offering. Your message should highlight exactly how that particular service or product fits and suits this unique client. Personalize and focus on them.

1. Remember to accentuate the benefits, emphasize the points where you have a competitive advantage and the benefits the services or your products offer the customer.

2. At the same time, remember the more you know about your products or services and what they will do for the customer, the more likely you can prove to them its a valuable item for them.

DEALING WITH OBJECTIONS: Good customer services and sales skills require that you anticipate and deal with any reason the client may choose to challenge or not buy the particular service or product. Try to anticipate what the objections might be and have a response for those objections ready; you will be surprised at the results.

Make MoneyAlso, a “no” today may very well mean a “yes” tomorrow. Often, when presented with new concepts and options, the customer will not be ready to make the decision at that time. You go over the products or services, the benefits, what the services and products can do for the customer, and you will be surprised as to how you may very well receive a telephone call in the near future to take advantage of your previous offer.

If you are focusing on the customer, you know your products or services, deal with the decision maker and deal with any possible objections, you stand a great chance of being successful in your efforts.

If your client believe that you are working with their best interest at heart as well as your own, they are more likely to be honest about what they view as their alternatives, and more able to listen to what you have to say. This will, overall, make for a more positive business relationship environment and assist you in developing good business working relationships.

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

How To Profit Off Tax Delinquency

How To Profit Off Tax Delinquency published on

Know what you are purchasing

When you initially buy a lien, you are not buying an actual piece of land. Instead, your investment is on the debt or delinquent taxes of the property, who has fallen behind on payments. The buyer is given first position on the title of the property over others after he/she has paid the outstanding taxes. However, every State is different. Make sure you know the interest rate and return per year. Sale dates vary from State to State as well. Each state usually has one or two predetermined months any given year. The timing is important when calculating potential returns on your lien.

Tax Delinquency

Calculating Rate-of-Return on the Lien Certificate

When you try to buy a certificate, it is sold at face value plus interest and administrative charges. The lien interest rate is either bid down or the entire purchase price is bid up to a premium bid. The property owner must repay the lien amount to the certificate holder plus an interest rate between 16% and 18%. The property owner also has a set redemption period to pay the lien. If the lien is not paid by the set deadline, the certificate holder can foreclose and obtain the property deed.

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

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