Category: Business Law Planning

The Top 3 New Year’s Resolutions for the Long-Term Success of your Small Business

As a small business owner, how many times have you set lofty New Year’s resolutions for your business that never amounted to anything? This year, you can set three achievable resolutions that are simple to accomplish yet stay focused on the long-term success of your business. These resolutions will finally address those lingering tax savings, succession planning, and estate planning issues that you have put off for too long.  Accomplishing these resolutions will affect your bottom line and give you peace of mind for years to come.

Resolution #1: Implement Simple Choice of Entity Strategies for Tax Savings in 2017

Do you know if your business is taxed as a sole proprietorship, partnership, C-Corp, or S-Corp?  Do you know what tax bracket you are in? Did you know that if you are single, your business is a sole proprietorship, and you make between $37,650-$91,150, or if married, and you make between $75,300-$151,900, that your taxable rate on your business profits is 46%?  A business’ choice of tax entity can have major tax implications, but many small business owners are unaware that such issues exist. As a result, many small businesses are often taxed as the wrong type of entity and they end up paying too much in taxes.  This year, meet with your attorney and CPA to review your choice of entity options and see if you can save taxes by being an S-Corp.

Resolution #2: Establish a Succession Plan for Your Business that gives you Peace of Mind

A recent study found that only 30% of family-owned businesses survive the 2nd generation.  Many advisers believe this statistic is due to the fact that business owners have not established a plan for succession.  Have you ever thought about what will happen to your business if you get sick, become disabled, or pass away?  If you have a business partner and they get sick, become disabled, or pass away, do you really want to run the business with your partner’s spouse or children?  Do your key employees know your daily, weekly, and monthly responsibilities to keep the business afloat if tragedy strikes?  Most small business owners often fail to discuss these business succession issues with their partners and key employees.  They also fail to implement an Operating Agreement or Buy/Sell Agreement that identifies what happens to the business in the event of disability or death.  That is why 70% of businesses don’t make it past the 2nd generation. This year, schedule a time with your partners, key employees, CPA, and attorney to discuss and implement a successful succession plan.

Resolution #3: Avoid the Top Mistakes in Estate Planning and Plan for Potential Nursing Home Care for Your Aging Parents

There are many mistakes you want to avoid when considering your estate plan.  For example, statistics show that half of Americans die without a Will – creating headaches and uncertainty for their loved ones.  Many more Americans become sick or disabled and don’t have Powers of Attorney in place, forcing their families to go through the grueling guardianship process to pay bills and make medical decisions.  Not utilizing a trust in your estate plan can also create problems, especially in blended family situations.  Without a trust in place, the surviving spouse in a blended family could potentially disinherit the deceased spouse’s children and leave them nothing.

Additionally, don’t ignore the fact that your aging parents might need nursing home care in the future.  If you delay your parents’ long-term care and elder law financial planning for too long, your parents will be required to spend all of their hard-earned assets on their nursing home care before they qualify for government assistance.  However, if you and your parents timely set up the right kind of financial plan, your parents can successfully protect their assets from the nursing home, and still qualify for government assistance.  This year, meet with your estate planning attorney and CPA to review your estate plan and to discuss potential Medicaid planning options for your aging parents that will give you peace of mind.

These three simple resolutions for your small business will be discussed in further detail at the 2017 Ultimate Workshop – Tax, Succession, and Estate Planning for Business Owners on February 2, 2017 at the Northern Kentucky Chamber of Commerce.  At this free interactive workshop, Bill Hesch and Amy Pennekamp will discuss relevant tax, succession, and estate planning issues that are often overlooked by small business owners and their attorney, CPA, and financial advisors. Those in attendance are eligible for a free one hour consultation from Bill. Ohio Attorneys and CPAs will receive 2.5 hours of continuing education credit.  For more information or to register for this year’s Ultimate Workshop, please click here or call Bill at (513) 509-7829.

Bill Hesch is a CPA, PFS (Personal Financial Specialist), and attorney licensed in Ohio and Kentucky who helps clients with their financial and estate planning.  He also practices elder law, corporate law, Medicaid planning, tax law, and probate in the Greater Cincinnati and Northern Kentucky areas.  His practice area includes Hamilton County, Butler County, Warren County, and Clermont County in Ohio, and Campbell County, Kenton County, and Boone County in Kentucky.

(Legal Disclaimer:  Bill Hesch submits this blog to provide general information about the firm and its services.  Information in this blog is not intended as legal advice, and any person receiving information on this page should not act on it without consulting professional legal counsel.  While at times Bill Hesch may render an opinion, Bill Hesch does not offer legal advice through this blog.  Bill Hesch does not enter into an attorney-client relationship with any online reader via online contact.)

Releasing Tax Liens on Business Assets-Case Study

If your business has IRS and/or Ohio state tax liens, your tax problems will not just go away on their own.  The IRS and state of Ohio will eventually seize your assets or force you to declare bankruptcy – causing mayhem for you, your business, and your family.  However, if you find yourself deep in a hole with tax liens, there are different settlement strategies you might be able to implement to release these liens without completely paying them off.  These strategies may require you to sell most or all of your business assets, but you’ll ultimately save the time, money, hassle, and embarrassment of going through bankruptcy proceedings or having your assets seized.

Recently, my law firm helped a client sell his business assets which had almost $1 million of IRS and Ohio tax liens on his business’ assets.  Our client needed to get these liens released before he could close his business and sell all of its assets to a prospective buyer for under $100,000 which was the appraised valued of the assets.  However, the sale proceeds would not completely satisfy the liens and the buyer would not purchase the assets subject to the liens.  Using my 30 years of unique experience as an attorney and CPA, my law firm was able to negotiate with the various government agencies to release their liens in exchange for the share of the sales proceeds that they would each receive if the business were to go through bankruptcy.  The Ohio Department of Taxation was not willing to release its liens relating to Ohio sales tax and Ohio withholding tax liabilities, but it was willing to sign a forbearance agreement that protected the buyer from lien enforcement.  After we closed on the sale of the business assets, all the parties involved in the transaction were pleased with the outcome. The IRS and State of Ohio received what they would have taken in bankruptcy, my client avoided bankruptcy and asset seizure, and the buyer bought the assets clear of any lien issues.

If your business has serious tax lien problems, don’t bury your head in the sand.  Waiting to take care of your tax problems will only make matters worse.  There is no guarantee that the IRS or State of Ohio will release its liens, but your attorney and CPA can advise you on the best strategy to handle your unique tax lien problems.  Contact your attorney and CPA to find creative solutions to resolve your IRS and Ohio tax liens.

Bill Hesch is an attorney, CPA, and PFS (Personal Financial Specialist) who is licensed in Ohio and Kentucky and helps clients get peace of mind with their tax, financial, and estate planning.  He focuses his practice in the areas of elder law, corporate law, Medicaid planning, tax law, estate planning, and probate in the Greater Cincinnati and Northern Kentucky areas.  His practice area includes Hamilton County, Butler County, Warren County, and Clermont County in Ohio, and Campbell County, Kenton County, and Boone County in Kentucky.

 

(Legal Disclaimer:  Bill Hesch submits this blog to provide general information about the firm and its services.  Information in this blog is not intended as legal advice, and any person receiving information on this page should not act on it without consulting professional legal counsel.  While at times Bill Hesch may render an opinion, Bill Hesch does not offer legal advice through this blog.  Bill Hesch does not enter into an attorney-client relationship with any online reader via online contact.)

Affordable Care Act Changes

Under the Affordable Care Act, there are new reporting requirements for the employer to report the cost of coverage under an employer-sponsored group health plan. For years after 2011, employers generally are required to report the cost of health benefits provided on the Form W-2. All employers that provide “applicable employer-sponsored coverage” under a group health plan are subject to the reporting requirement.
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Become A Better Business Owner Pt.2-More Tips!

How To Become a Better Business Owner: MORE Tips from a Successful Entrepreneur

Business owners need to properly plan for a large number of roadblocks that will challenge the success of their business. Bill Hesch is a successful entrepreneur with over 22 years of experience managing his law firm and CPA firm in the Cincinnati and Northern Kentucky area. Bill is uniquely experienced to consult with his CPA and law firm clients who are business owners regarding their legal, tax, and financial problems and concerns.

Last month, Bill provided five tips that every business owner can use to become a better business owner. Here are five more tips to help you achieve that goal:

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How to Become a Better Business Owner

Business owners need to properly plan for a large number of roadblocks that will challenge the success of their business. Bill Hesch is a successful entrepreneur with over 22 years of experience managing his law firm and CPA firm in the Cincinnati and Northern Kentucky area. Bill is uniquely experienced to consult with his CPA and law firm clients who are business owners regarding their legal, tax, and financial problems and concerns.

Here are a few tips from Bill that every business owner can use to become a better business owner:

1. The main reason most business owners do not succeed is because the business plan is flawed and not enough capital is raised to get the business to its breakeven point.

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Cutting Corners to Save Money-Forming Your Business

When it comes to starting your own business, you don’t want to cut corners to save money. Some business owners choose not to work with an attorney because they believe that their business model is too simple to require legal counsel or that the up-front costs of an attorney are too expensive. However, even if you have a very simple business plan, there are numerous legal issues you still need to address with your business and tax attorney. If you choose not to work with an attorney, these legal issues can potentially become major problems for the success of your business. Here are three legal issues you should discuss with an attorney before forming your business.

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Small Business Succession Plans

Over time, business owners spend a lot of blood, sweat, and tears crafting a good business plan, finding an appropriate corporate structure, and seeking the best possible financing options for their businesses. However, the one part of their businesses which is often overlooked is succession planning. Nobody is going to be able to run a business forever, so all small business owners should have a plan in place for what will happen to their company upon their death, disability, incompetence, bankruptcy, or retirement.

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