Small Business Regulatory and Compliance Issues

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How To Navigate FinCEN’s Beneficial Ownership Information Report Requirements

In the Dynamic Regulatory Landscape, Small Businesses Face a New Demand Under the Corporate Transparency Act. Starting January 1, 2024, All Businesses Must Now Submit a Beneficial Ownership Information Report to the Financial Crimes Enforcement Network, Known as FinCEN.

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Playing Dr. PLLC - State Licensing Board

What You Need to Know About State Licensing Boards and Creating a PLLC

If your industry requires practitioners to be licensed by a state licensing board then you likely cannot organize as an LLC because you are considered a professional service company. You can however register as a Professional Limited Liability Company (PLLC) which is a bit different.

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How To Be Compliant With Internet Sales Tax Laws

In June 2018 the US supreme court upheld a lower court’s ruling that the state of South Dakota could force the online retailer Wayfair, a retailer with no nexus (physical location) in the state to collect sales taxes. This ruling sent shockwaves through the eCommerce community. Therefore, online retailers may now be required to collect sales tax on goods they ship.

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Epic Tax Code Changes to Increase Interest in Entrepreneurship

Epic Tax Code Changes to Increase Interest in Entrepreneurship

The changing landscape of the US tax code continues to create tailwinds for the business owner. Today, when it comes to earned income, the amount you make may matter less as compared to how you make it giving rise to more small businesses. With the massive surge toward small business ownership will be an increased need for qualified small business knowledge.

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Critical Formation Errors that Will Destroy Your Business

Critical Formation Errors that Will Destroy Your Business

There are a number of common mistakes many founders make that can destroy everything they worked so hard to achieve. Most occur when there is some business success. Some mistakes are made out of ignorance during the initial filing process with the Secretary of State and others are the result of failing to finish the process.

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How to Pay a Shareholder of an S-Corp

How to Pay a Shareholder of an S-Corp

When you are just an investor in an S-Corp, ostensibly you do not work for the business and you do not participate in its management as an officer. You are therefore considered limited in your liability and your income from the business based on your ownership share of the business is usually considered passive income.

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How to Pay a Non-Partner General Manager of Limited Partnership

How to Pay a Non-Partner General Manager of Limited Partnership

In some cases, all the partners of a limited partnership may be investors only and not managers. The partnership may hire an outside general manager (employee) to make the day-to-day decisions, and therefore, acts as the manager. In this case, the general manager is an employee of the business, but since they are not a partner (aka owner), their income is just like that of an employee in any business.

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General Partner

How to Get Paid as a General Partner of Limited Partnership

A partner in a limited partnership that is a decision-maker (general partner) is considered an employee of the business by the IRS and is treated differently than limited partners. Income for general partners is considered earned income and is subject to additional taxes but also to additional potential tax deductions. Moreover, as a general partner, you are exposed to additional liabilities.

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Non-member general manager

How to Pay a Non-Member General Manager of a Multi-Member LLC

In some cases, all the members of an LLC may be investors only and not managers. The business may hire an outside general manager (employee) to make the day-to-day decisions, and therefore, acts as the manager. In this case, the general manager is an employee of the business, but since they are not a member (aka owner), their income is just like that of an employee in any business.

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Non Manager Member

How to Pay a Non-Manager Member of a Multi-Member LLC

When you have an investor in your LLC, who works less than 500 hours in a given tax year for the LLC, and they do not participate in its management, they are considered limited in their liability and their income is usually considered passive income subjecting the income to only federal and state income taxes based on their marginal tax rate.

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Get Paid Limited Liability Company LLC

How to Get Paid in a Multi-Member LLC

A member in an LLC that is a decision-maker (manager) is considered an employee of the business by the IRS and is treated differently than non-manager members. Income for managers is considered earned income and is subject to additional taxes but also to additional potential tax deductions. Moreover, as a manager, you are exposed to additional liabilities.

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Get Paid as Sole Proprietor or single member LLC

How to Get Paid as an Owner of a Sole Proprietor or Single-Member LLC

As a sole proprietor or as a single-member LLC you are the only owner, and as a result, you do not take a salary or a wage from a business. Instead, you can simply take out excess cash from the business, which is known as an owner draw, to pay yourself.

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Pass Through Entities

How to Get Paid as an Owner of a Pass-Through Entity

How you pay yourself as an owner depends on the type of entity you are and how many owners there are. This post lays the groundwork and defines a few terms that should help demystify how entities pay the owners of the business.

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VIDEO: The Real Reason for Registering an Entity

VIDEO: The Real Reason for Registering an Entity

Most people associate registering their business with the Secretary of State as the proper way to secure their unique business name.  While this reason is partially true, it is not the real reason a business needs to register their entity with the Secretary of State. In this short video, we discussed the real reasons why

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Non-Profit or For-Profit?

Non-Profit or For-Profit?

I often encounter clients that want to create a non-profit business. They all too often think that the primary difference is just one pays taxes and the other does not. They think that as long as they have a social benefit, they can be considered a non-profit. However, there is a vast difference between their

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Taxes and Crowdfunding

Taxes and Crowdfunding

While crowdfunding is becoming more and more common, tax support and guidance for the campaign creators continue to remain unclear on many points. At a minimum, the tax treatment of funds generated through crowdfunding depends on whether the campaign is reward-based, donation-based, or equity-based. Moreover, if it is reward-based, the value of any reward offered

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Retirement Nest Egg

Retirement Account Funds New Business

Many would-be entrepreneurs have money tied up in retirement plans like IRAs or 401ks that could be used to fund their businesses. Many simply believe they can’t access these funds until they reach the age of 59.5 without being subject to a premature distribution penalty. That being said, there are a few ways that you

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Seven Common Business Formation Errors

Seven Common Business Formation Errors

Many new business owners make several formation errors during and after the registration process that can come back and bite them later. 1, One common formation error is that the registering agent fails to include an entity identifier in the name, such as LLC or Inc. 2, Once registered, many LLCs fail to produce an operating

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Sales Tax Workarounds for Service Oriented Businesses

Sales Tax Workarounds for Service Oriented Businesses

I often encounter businesses that at their core are pure services businesses, but which also sell products as part of their offerings. For example, consider a small part-time mobile oil change business. They are primarily in the service business of changing a person’s oil. However, their service includes the sale of motor oil. I’m often

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