Posts Tagged ‘taxes’

Ethics, Decision Making, BP and Taxes

Wednesday, June 9th, 2010

What is Ethics?

Ethics is con­ven­tion­ally defined as a sys­tem of moral prin­ci­ples gov­ern­ing the appro­pri­ate con­duct for a per­son or group.  But this def­i­n­i­tion is kind of vague as it doesn’t really address appli­ca­tion in real life.  How does one arrive at per­sonal gov­ern­ing prin­ci­pals, and why?  That is the ques­tion of ethics in a nutshell. 

Real­ize ethics oper­ates in con­text.  In any given sit­u­a­tion, even if you are liv­ing in a cave by your­self, you will have inter­ac­tions with your envi­ron­ment.  What do you eat? What resources do you use and how do you man­age them?   What do you do with your waste? Add another per­son to the mix and you have to worry about their rights, feel­ings and the social con­text as well.  Make one or more wrong deci­sions and you will find your­self freez­ing, alone, in the dark, up to your eyes in your own excre­ment with noth­ing to eat.

What Ethics is not. What Ethics Is.

Ethics can­not be equated with feel­ings, laws, reli­gion or even soci­etal norms; it is easy to find cases where eth­i­cal con­duct is not nec­es­sar­ily equated these things.  Con­sider that a per­son enjoys dri­ving a car very fast; if this dri­ver decides to race through a neigh­bor­hood it may feel good, but it makes this uneth­i­cal dri­ver very dan­ger­ous to all those around him or her.  As for fol­low­ing the law, slav­ery was a part of US law, but clearly slav­ery devi­ates from eth­i­cal norms as well. If ethics were a mat­ter of reli­gion, then only reli­gious peo­ple could be eth­i­cal, but ethics must apply to all peo­ple of all faiths and to peo­ple who are not reli­gious at all. Finally if soci­ety itself drove ethics then we would merely have to poll the entire soci­ety to find out what was right, and then do that, but entire soci­eties can be cor­rupt as in the case of Hitler’s Third Reich; blindly fol­low­ing the pack does not make for eth­i­cal deci­sions either. 

Since we can’t rely on the law, our feel­ings, reli­gion or soci­ety to tell us what ethics is we must find a well-reasoned basis for defin­ing what is right and what is wrong. Right and wrong involves not only intro­spec­tion, but also eval­u­at­ing our rela­tion­ship with our envi­ron­ment via per­ceived rights, oblig­a­tions, ben­e­fits to soci­ety, fair­ness and other virtues.  For exam­ple there are eth­i­cal stan­dards not to rape, steal, mur­der, assault, slan­der and defraud.  Eth­i­cal stan­dards embrace cer­tain virtues of hon­esty, com­pas­sion and loy­alty.  Fur­ther­more eth­i­cal stan­dards include stan­dards relat­ing to rights, such as the right to life, the right to free­dom from injury and the right to pri­vacy.  Such stan­dards are stan­dards of ethics because they are sup­ported by well-founded rea­son­ing. Fur­ther­more, we need to keep eval­u­at­ing our posi­tions with respect to right and wrong as we gar­ner more infor­ma­tion through our per­sonal experiences.

Ethics is the cor­ner­stone to mak­ing good decisions.

One can­not leg­is­late moral­ity or intel­li­gence, but ethics attempts to address both of these things on a per­sonal level.  Ethics sup­ports good deci­sion mak­ing.  When mak­ing a deci­sion one should not only con­sider the con­se­quences and util­ity of a deci­sion, but also oth­ers’ rights, whether a deci­sion is fair and just, and whether it serves the com­mon good or not. 

Ethics and deci­sion mak­ing in the BP Disaster

Clearly BP con­sid­ered the util­ity of their deci­sion.  They are a com­pany who has an oblig­a­tion to its share­hold­ers to use their money wisely.  Drilling where they did seems like it was a good idea; it appears there is a lot of oil there.  They knew they were drilling in a dan­ger­ous place and they had been handed down rig­or­ous stan­dards to deal with the dan­gers of that sit­u­a­tion.   They knew the con­se­quences would be dire if they failed.  So why did they fail? 

I con­fess I know noth­ing of about oil-well drilling in the deep ocean, and my opin­ion rests on the con­clu­sions of experts describ­ing what went wrong. If the con­clu­sions of these wit­nesses and experts ulti­mately prove to be true, then, in my opinion, this dis­as­ter occurred because the peo­ple empow­ered to make deci­sions did not make eth­i­cal decisions.  They were work­ing in a dan­ger­ous place; they com­pounded the sit­u­a­tion by being mak­ing stu­pid deci­sions to save a lit­tle bit of money. They appar­ently did not ade­quately incor­po­rate all of the infor­ma­tion at hand and ignored the very real con­se­quences of a fail­ure; they appar­ently did not con­sider the rights of those who would be injured by their decision. Had they made eth­i­cal deci­sions, this dis­as­ter might not have happened. 

Deci­sions based on hubris, greed and the avoid­ance of unpleas­ant emo­tions are com­pletely under­stand­able human fail­ings.  That is why it is vital for the peo­ple at the top of the deci­sion mak­ing trees, espe­cially those who can impact the lives and liveli­hoods of so many others, to make eth­i­cal decisions.

Ethics, Taxes & the Indi­vid­ual Tax­payer & Small Busi­ness Owner

I am sure as you are read­ing this you are think­ing,” I am not British Petro­leum.  If I decide to cut a cor­ner or bend a tax law for finan­cial rea­sons, I am not going to pre­cip­i­tate a national dis­as­ter; I am not hurt­ing any­one one.”  We disagree. 

Every time an employer col­lects his employ­ees’ pay­roll taxes and does not send them into the gov­ern­ment, that employer is steal­ing from that employee-it’s was not the employer’s money to begin with.  It’s not only unfair, it’s thiev­ery.  Fur­ther­more this employer is steal­ing from every tax­payer who does fol­low the rules, because it falls on those who do pay into the sys­tem to cover the short­fall.  A com­pany that does not pay into the unem­ploy­ment sys­tem is steal­ing from every employer who does pay as those pay­ing into the sys­tem cover the short fall and pay higher taxes as a result.  A tax payer who cheats on their taxes is steal­ing from every tax­payer who does pay what they owe.  

A sin­gle drop of water raises the sea; a large enough num­ber of indi­vid­u­als not pay­ing their fair share do make a dif­fer­ence to the rest of us.  It is nei­ther fair nor just for a sin­gle tax­payer to expect every­one else to cover their oblig­a­tions. Theft does not serve the greater good.  Bilking the sys­tem is dishonest.  Failure to deposit pay­roll taxes is a heart­less act; the gov­ern­ment may make an employee pay taxes they already paid once again. 

Fail­ure to pay taxes is also short-sighted.  There are very real pun­ish­ments asso­ci­ated with defraud­ing the gov­ern­ment and fail­ing to pay taxes: Penal­ties, inter­est, poten­tial seizure of assets, gar­nish­ment of wages & bank accounts, and even jail time.  From a risk-reward assess­ment, sav­ing a few bucks here and there can cost big later on, not to men­tion the costs of hir­ing pro­fes­sion­als to deal with the prob­lem once the IRS catches on. 

A busi­ness owner is a per­son in a posi­tion of lead­er­ship.  How a busi­ness owner behaves does influ­ence the behav­ior of their employ­ees and ven­dors.  If the busi­ness owner thinks it is okay not to pay taxes, then their employ­ees may think steal­ing from the boss is okay too. 

In con­clu­sion, being a tax cheat does not even serve vested-self inter­est over the long haul. 

Whereas we at Art & Busi­ness Con­sult­ing, LLC can help you get back every dime in taxes you are enti­tled to and can assist you in resolv­ing your tax prob­lems, we are kind of like an exec­u­tive at the top of a deci­sion mak­ing tree.  We are oblig­ated to serve not only our clients, but our soci­ety as a whole. We must make eth­i­cal decisions.  As always Art and Busi­ness Con­sult­ing is here to help.  If you find your­self in an eth­i­cal quandary, or need help with another small busi­ness and or tax issue, please give us a call.

The usual dis­claimers: Although ABC has made every effort to insure the accu­racy of Taxes, Tips and Tools, mis­in­for­ma­tion, dis­in­for­ma­tion, changes, mis­takes, typos and hack­ers hap­pen, there­fore Art & Busi­ness Con­sult­ing LLC takes no respon­si­bil­ity for any action taken or results based on the infor­ma­tion sup­plied here in. The con­tent of this blog gen­er­ally applies to busi­ness and indi­vid­ual tax­a­tion in the United States of Amer­ica.  Inter­nal Rev­enue Ser­vice Cir­cu­lar 230 Dis­clo­sure:  As pro­vided for in Trea­sury reg­u­la­tions, advice (if any) relat­ing to fed­eral taxes that is con­tained in this com­mu­ni­ca­tion (includ­ing attach­ments) is not intended or writ­ten to be used, and can­not be used for the pur­pose of (1) avoid­ing penal­ties under the Inter­nal Rev­enue Code or (2) pro­mot­ing, mar­ket­ing or rec­om­mend­ing to another party any plan or arrange­ment address herein.  Art & Busi­ness Con­sult­ing LLC cur­rently does not have a cer­ti­fied pub­lic accoun­tant, human resource spe­cial­ist, or an attor­ney on staff; this infor­ma­tion is purely for edu­ca­tional pur­poses and not to be con­strued as legal or finan­cial advice. Art & Busi­ness Con­sult­ing LLC and its employ­ees, mem­bers and asso­ciates are not engage to prac­tice law; you always should dis­cuss legal mat­ters with your attor­ney before talk­ing to any­one else.

NOLs — Why You Should File Even If You Do Not Owe

Wednesday, April 14th, 2010

Tax day is tomor­row a short 3 hours away Phoenix local time, tomor­row most indi­vid­u­als, sole-proprietorships and part­ner­ships have to either file their 2009 tax forms or file for an exten­sion.  Either way the dead­line to pay taxes for 2009 with­out penalty is tomor­row as well.  In this timely note — we would like to take the time to answer one ques­tion we are fre­quently asked.

I do not owe any money, why should I file a tax return?

  • First and fore­most is to get the 3-year clock run­ning on the time the IRS can audit you (the  3-year clock assumes you are not com­mit­ting tax fraud or oth­er­wise sig­nif­i­cantly under-reporting your income, which can extend the clock out indef­i­nitely in some cases).
  • The sec­ond rea­son is that you may be aware of the deduc­tions that indi­cate you do not owe taxes, but if the IRS com­pletes a sub­sti­tute for return (SFR) for you they will not include any of them; by the time the IRS com­pletes an SFR you may have a hard time lay­ing hands on the doc­u­ments for all of your deduc­tions, and you will still have to deal with the IRS even if you can find all those documents.
  • A third rea­son is that there is a time limit on how far back you can go for claims of refund–if the US Trea­sury owes you a tax refund, you do not have for­ever to get it.
  • A fourth rea­son is that you may be required to file if you have suf­fi­cient income.  Not fil­ing is not an option in some cases.

But there is a new case (David­son V Com­mis­sioner, TC Memo 2100–38)  that indi­cates yet another rea­son to timely file.  Gen­er­ally a  loss is car­ried back­wards for sev­eral years and then car­ried  for­ward if there is not enough income in prior years to absorb the losses.  How­ever a tax­payer may elect to carry Net Oper­at­ing Losses (NOLs) for­ward first on a timely-filed tax return, but if the tax­payer files late they lose this option.  In this case the tax­payer sus­tained losses in 2001 & 2002 but had income in 2003.  He did not file returns until 2007.  He wanted to carry the 2001 & 2002 losses for­ward to off­set the 2003 income.  Because he filed his tax returns late he was not able to carry the losses for­ward to 2003.

As always, small busi­ness ser­vices and tax­a­tion are our busi­ness.  If you need help Please give Art & Busi­ness Con­sult­ing a call.  We would love to engage you as a client.

The usual dis­claimers: Although ABC has made every effort to insure the accu­racy of Taxes, Tips and Tools, mis­in­for­ma­tion, dis­in­for­ma­tion, changes, mis­takes, typos and hack­ers hap­pen, there­fore Art & Busi­ness Con­sult­ing LLC takes no respon­si­bil­ity for any action taken or results based on the infor­ma­tion sup­plied here in. The con­tent of this blog gen­er­ally applies to busi­ness and indi­vid­ual tax­a­tion in the United States of Amer­ica.  Inter­nal Rev­enue Ser­vice Cir­cu­lar 230 Dis­clo­sure:  As pro­vided for in Trea­sury reg­u­la­tions, advice (if any) relat­ing to fed­eral taxes that is con­tained in this com­mu­ni­ca­tion (includ­ing attach­ments) is not intended or writ­ten to be used, and can­not be used for the pur­pose of (1) avoid­ing penal­ties under the Inter­nal Rev­enue Code or (2) pro­mot­ing, mar­ket­ing or rec­om­mend­ing to another party any plan or arrange­ment address herein.  Art & Busi­ness Con­sult­ing LLC cur­rently does not have a cer­ti­fied pub­lic accoun­tant, human resource spe­cial­ist, or an attor­ney on staff; this infor­ma­tion is purely for edu­ca­tional pur­poses and not to be con­strued as legal or finan­cial advice. Art & Busi­ness Con­sult­ing LLC and its employ­ees, mem­bers and asso­ciates are not engage to prac­tice law; you always should dis­cuss legal mat­ters with your attor­ney before talk­ing to any­one else.

Home Based Technology Workers May Be Statutory Employees.

Monday, March 22nd, 2010

There are sev­eral dif­fer­ent kinds of work­ers and employ­ees.  A worker can be an Inde­pen­dent Con­trac­tor, Employee, Statu­tory Employee or Statu­tory Non-employee.

The rules for Statu­tory Employ­ees were writ­ten for

  • dri­vers (other than milk men-don’t ask me why) such as those that deliver meat, fruit, veg­eta­bles, bak­ery prod­ucts & pick-up and drop laundry
  • full-time insur­ance agents whose prin­ci­pal busi­ness is sell­ing life insur­ance and annu­ity contracts
  • full-time trav­el­ing sales peo­ple who solicit and trans­mit orders from whole­salers, retail­ers, con­trac­tors or oper­a­tors of hotels, restau­rants and other sim­i­lar establishments
  • indi­vid­u­als who work at home on mate­ri­als or goods sup­plied by an employer that must be returned to an employer when the employer fur­nishes spec­i­fi­ca­tions regard­ing the work.

Why would a busi­ness care?  Some employ­ers maybe clas­si­fy­ing these work­ers as Inde­pen­dent Con­trac­tors and think they do not need to with­hold employ­ment taxes, but an employer could be wrong.  The penal­ties for a mis­clas­si­fied a worker can be severe.  Under the rules for Statu­tory Employ­ees, the employer must with­hold Social Secu­rity and Medicare, and pay Fed­eral Unem­ploy­ment Tax (FUTA) but does not need to with­hold Fed­eral Income Tax.  Also, if the employee is a full-time insur­ance agent the employer does not have to pay FUTA. If a home worker is defined as a Statu­tory Employee by the IRS the employer must pay employ­ment taxes.

The home worker rules were orig­i­nally writ­ten for the gar­ment indus­try, where home work­ers would assem­ble dresses and the like at home from mate­ri­als sup­plied by the manufacturer/empoyer and to the manufacturer/employer’s spec­i­fi­ca­tions.  How­ever the IRS is seek­ing to expand the def­i­n­i­tion of Statu­tory Employ­ees to include cer­tain com­puter pro­gram­mers, graphic artists, and other tech­nol­ogy workers.

The key is whether such a worker could be called an inde­pen­dent con­trac­tor or not.  For home work­ers, three fac­tors come into play:

  1. Whether the work has to be sub­stan­tially per­formed by the home worker or can they del­e­gate the work to some­one else.
  2. Whether the worker has a sub­stan­tial invest­ment in facil­i­ties  in con­nec­tion with the ser­vices to be performed
  3. Whether the ser­vices are per­formed as part of a con­tin­u­ing rela­tion­ship or as a sin­gle transaction

When talk­ing about these tech­nol­ogy work­ers, the IRS has deter­mined that the tech­nol­ogy these home work­ers pro­vide: Tele­phone, com­puter, printer, online access etc. does not con­sti­tute a sub­stan­tial invest­ment unless the worker spends thou­sands of dol­lars on this tech­nol­ogy.  Also the return of mate­ri­als rules that orig­i­nally applied to gar­ment work­ers also applies here — the goods the worker mod­i­fies, or assem­bles & is required to return to the employer can include soft­ware tem­plates and other elec­tronic infor­ma­tion, that can be returned electronically.

If you have any ques­tions regard­ing whether have inde­pen­dent con­trac­tors or employ­ees, or need help with any other busi­ness or indi­vid­ual tax ques­tion, Please give Art & Busi­ness Con­sult­ing a call.  We would love to engage you as a client.

The usual dis­claimers: Although ABC has made every effort to insure the accu­racy of Taxes, Tips and Tools, mis­in­for­ma­tion, dis­in­for­ma­tion, changes, mis­takes, typos and hack­ers hap­pen, there­fore Art & Busi­ness Con­sult­ing LLC takes no respon­si­bil­ity for any action taken or results based on the infor­ma­tion sup­plied here in.  Inter­nal Rev­enue Ser­vice Cir­cu­lar 230 Dis­clo­sure:  As pro­vided for in Trea­sury reg­u­la­tions, advice (if any) relat­ing to fed­eral taxes that is con­tained in this com­mu­ni­ca­tion (includ­ing attach­ments) is not intended or writ­ten to be used, and can­not be used for the pur­pose of (1) avoid­ing penal­ties under the Inter­nal Rev­enue Code or (2) pro­mot­ing, mar­ket­ing or rec­om­mend­ing to another party any plan or arrange­ment address herein.  Art & Busi­ness Con­sult­ing LLC cur­rently does not have a cer­ti­fied pub­lic accoun­tant or an attor­ney on staff; this infor­ma­tion is purely for edu­ca­tional pur­poses and not to be con­strued as legal or finan­cial advice.  Art & Busi­ness Con­sult­ing LLC and its employ­ees, mem­bers and asso­ciates are not engage to prac­tice law; you always should dis­cuss legal mat­ters with your attor­ney before talk­ing to any­one else.

S-Corp should not pay Shareholder taxes

Sunday, November 8th, 2009

S-corporations are pass through enti­ties.  That means income earned by the cor­po­ra­tion is gen­er­ally passed through to the indi­vid­ual share­hold­ers in pro­por­tion to their num­ber of shares of stock; such income is usu­ally not taxed at the S-corporation level.

Of course employee share­hold­ers should pay them­selves a rea­son­able wage and the S-corporation is respon­si­ble for the employer share of Social Secu­rity & Medicare taxes, as well as Fed­eral & State Unem­ploy­ment etc.   But the employee share needs to come from the wages paid to them.  Also the S-corporation should not pay any shareholder’s taxes on their dis­trib­u­tive share of income.

In a recent pri­vate let­ter rul­ing the IRS has held that since the var­i­ous share­holder tax pay­ments could be dif­fer­ent from share­holder to share­holder, dis­tri­b­u­tions to pay for their taxes con­sti­tutes a sec­ond kind of stock.  How­ever S-corporations may only have on class of stock.  There­fore the moment an S-corporation issues a dis­tri­b­u­tion pay­ing share­holder taxes, the S-corporation ceases to be an S-corporation.  It becomes a C-corporation at that moment sub­ject to the usual “dou­ble tax­a­tion” of income.

In this case the S-corporation applied for a pri­vate let­ter rul­ing on this spe­cific issue; the IRS held that since the com­pany in ques­tion had requested the rul­ing, the IRS decided the com­pany had inad­ver­tently cre­ated a sec­ond class of stock and did not revoke the company’s S-corporation sta­tus.  This case pro­vides for a poten­tial rem­edy for other S-corporations who may have done the same thing — apply for a pri­vate let­ter rul­ing stat­ing that the com­pany may have inad­ver­tently cre­ated the sec­ond class of stock and request that the company’s S-corporation sta­tus not be revoked.

Pri­vate let­ter rul­ings do have a fee: Tax­pay­ers earn­ing less than $250,000 can request a pri­vate let­ter rul­ing for a reduced fee of $625, while a fee of $2,500 will apply to requests from tax­pay­ers earn­ing from $250,000 to $1 mil­lion.  The fee for IRS Chief Coun­sel pri­vate let­ter rul­ings is $10,000.  Still these fees may be less than being retroac­tively charged taxes, penal­ties and inter­est as an C-corporation.

Small busi­ness ser­vices are our busi­ness. If you need help, with this issue or other issues, Please give Art & Busi­ness Con­sult­ing a call. We would love to engage you as a client.

The usual dis­claimers: Although ABC has made every effort to insure the accu­racy of Taxes, Tips and Tools, mis­in­for­ma­tion, dis­in­for­ma­tion, changes, mis­takes, typos and hack­ers hap­pen, there­fore Art & Busi­ness Con­sult­ing LLC takes no respon­si­bil­ity for any action taken or results based on the infor­ma­tion sup­plied here in.   Inter­nal Rev­enue Ser­vice Cir­cu­lar 230 Dis­clo­sure:  As pro­vided for in Trea­sury reg­u­la­tions, advice (if any) relat­ing to fed­eral taxes that is con­tained in this com­mu­ni­ca­tion (includ­ing attach­ments) is not intended or writ­ten to be used, and can­not be used for the pur­pose of (1) avoid­ing penal­ties under the Inter­nal Rev­enue Code or (2) pro­mot­ing, mar­ket­ing or rec­om­mend­ing to another party any plan or arrange­ment address herein.  Art & Busi­ness Con­sult­ing LLC cur­rently does not have a cer­ti­fied pub­lic accoun­tant or an attor­ney on staff; this infor­ma­tion is purely for edu­ca­tional pur­poses and not to be con­strued as legal or finan­cial advice. Art & Busi­ness Con­sult­ing LLC and its employ­ees, mem­bers and asso­ciates are not engage to prac­tice law; you always should dis­cuss legal mat­ters with your attor­ney before talk­ing to any­one else.

Fraudulent Charge Detection: Another Reason Commingling is Bad

Thursday, September 24th, 2009

Com­min­gling of funds is bad.

What is com­min­gling? It means that you are treat­ing the business’s funds as your own.  For pur­poses of this dis­cus­sion I am talk­ing business/owner mix­ing of funds, but it can apply to the Business/Client rela­tion­ship or the Fiduciary/Client rela­tion­ship as well.

Exam­ples of com­min­gling of funds:

  • Deposit­ing checks made payable to your busi­ness into your per­sonal bank account
  • Mak­ing with­drawals from your busi­ness check­ing account to pay obvi­ously per­sonal expenses with­out documentation
  • Using the same bank account or same credit cards for your busi­ness and per­sonal needs.
  • Writ­ing busi­ness checks for obvi­ously per­sonal expenses
  • Mov­ing money back and forth between your busi­ness and per­sonal accounts with­out documentation.
  • Pay­ing a busi­ness debt or oblig­a­tion with per­sonal funds. Whether it is a large sum of money or just office sup­plies, the busi­ness owner should doc­u­ment it.
  • Another way to com­min­gle funds is to pay per­sonal oblig­a­tions with busi­ness funds.  Busi­ness own­ers should pay them­selves with div­i­dends, pay­roll, or some other legal method, deposit their pay into a sep­a­rate account at a com­pletely dif­fer­ent bank, and use that account for their per­sonal expenses.
  • Busi­ness own­ers often hold their busi­ness accounts and loans at the same bank where their per­sonal accounts are held.  This is usu­ally a bad idea as the bank may have the right to off­set dif­fer­ent accounts against one another.  Even though it is not inten­tional, this is com­min­gling of funds.

To avoid com­min­gling, the busi­ness owner must doc­u­ment every time that money moves between their busi­ness and per­sonal accounts.  That doc­u­ment might be a pay stub, a promis­sory note, or a sim­ple reim­burse­ment slip.  A few tips:

  • Avoid pay­ing busi­ness debt with a per­sonal check or per­sonal debit card.  It is bet­ter to write a per­sonal check payable to the busi­ness and then pay the debt with a com­pany check.  More­over, in exchange for that per­sonal check, the busi­ness should give the busi­ness a promis­sory note with an inter­est rate bet­ter than the applic­a­ble Fed­eral Rate.
  • For small items like a quick run to the office sup­plies store, sub­mit a reim­burse­ment request to the busi­ness along with a receipt, even if the busi­ness owner is the only employee of the busi­ness.  Avoid con­stant reim­burse­ments.  When­ever pos­si­ble, pay for busi­ness expenses with a busi­ness check.
  • When the busi­ness owner needs to pay a per­sonal oblig­a­tion, the busi­ness must declare a div­i­dend, cut the “employee” a reg­u­lar pay­roll check, cut the owner or mem­ber a draw, or have the busi­ness give them a loan.  Always cre­ate a pay-stub, div­i­dend state­ment, or promis­sory note to doc­u­ment the transaction.

Pro­tect the cor­po­rate veil: If hav­ing your cor­po­rate veil pierced sounds like a bad thing, it is.  All that work you did to form an LLC or corporation–filling out Arti­cles of Orga­ni­za­tion, pay­ing fil­ing fees to your state, draft­ing an Oper­at­ing Agreement–will be for noth­ing as far as pro­tect­ing your assets from cred­i­tors if your veil is pierced.  There are sev­eral fac­tors that courts look at when decid­ing whether to pierce your company’s veil and hold you per­son­ally liable on com­pany debts and law­suits.  One impor­tant fac­tor is the pres­ence of com­min­gled funds.  If you treat your business’s money the same as your own, then you risk the expo­sure of your per­sonal assets.

Mix­ing busi­ness and per­sonal funds is sloppy.  It’s bad legally, for the rea­sons above, and it’s sim­ply bad busi­ness.  It also makes account­ing dif­fi­cult.   Account­ing tells you how your busi­ness is per­form­ing, what is doing well and what needs improve­ment.  When you have sloppy records you won’t be able to fig­ure out which parts of your busi­ness are win­ners and which are losers.  You won’t know which prod­ucts have the high­est mar­gins, or which ads bring the high­est return; you won’t know what is work­ing and what isn’t.

Com­min­gled accounts make it harder to spot fraud­u­lent charges: If your busi­ness and per­sonal expenses all run through the same account, it may be hard for your bank, or your accoun­tant to spot fraud­u­lent charges before it’s too late.  An inter­net charge on your bank or credit card state­ment to Microsoft Xbox would stand out on record that con­sists entirely of busi­ness charges, but if the owner is in the habit of pay­ing for their per­sonal expenses out of their busi­ness account, not so much.  Valu­able time to act on the fraud may pass while the bank, book­keeper or accoun­tant spends time inves­ti­gat­ing whether the charge is valid or not-if they ask at all.

As for taxes, you can’t deduct what you can’t doc­u­ment. Keep­ing track of your busi­ness income and expenses is cru­cial to min­i­miz­ing your taxes and max­i­miz­ing your deduc­tions.  Many small busi­ness own­ers pay more taxes than the law requires because they don’t have a good sys­tem for keep­ing track of expenses.  If you main­tain a sep­a­rate bank account to run all your busi­ness trans­ac­tions through, and only your busi­ness trans­ac­tions, you have an impro­vised way of track­ing all your busi­ness income & expenses.  You can sim­ply use your bank state­ment.  Besides noth­ing makes a tax audi­tor drool like a set of com­min­gled books, except per­haps a per­son who says they have no records at all.

Per­haps this doc­u­men­ta­tion all sounds like a lot of has­sle, but Art & Busi­ness Con­sult­ing  is here to help.  We can help pre­pare promis­sory notes to doc­u­ment your loans to your busi­ness, we can advise you, and we can  help you set up your account­ing sys­tem.  We can even keep track of your income, expenses, loans, repay­ments, cal­cu­late the inter­est, etc. for you.  A lit­tle record keep­ing now can save a lot of has­sle later on. Busi­ness ser­vices are our busi­ness. If you need help, Please give Art & Busi­ness Con­sult­ing a call. We would love to engage you as a client.

The usual dis­claimers: Although ABC has made every effort to insure the accu­racy of Taxes, Tips and Tools, mis­in­for­ma­tion, dis­in­for­ma­tion, changes, mis­takes, typos and hack­ers hap­pen, there­fore Art & Busi­ness Con­sult­ing LLC takes no respon­si­bil­ity for any action taken or results based on the infor­ma­tion sup­plied here in.   Inter­nal Rev­enue Ser­vice Cir­cu­lar 230 Dis­clo­sure:  As pro­vided for in Trea­sury reg­u­la­tions, advice (if any) relat­ing to fed­eral taxes that is con­tained in this com­mu­ni­ca­tion (includ­ing attach­ments) is not intended or writ­ten to be used, and can­not be used for the pur­pose of (1) avoid­ing penal­ties under the Inter­nal Rev­enue Code or (2) pro­mot­ing, mar­ket­ing or rec­om­mend­ing to another party any plan or arrange­ment address herein.  Art & Busi­ness Con­sult­ing LLC cur­rently does not have a cer­ti­fied pub­lic accoun­tant or an attor­ney on staff; this infor­ma­tion is purely for edu­ca­tional pur­poses and not to be con­strued as legal or finan­cial advice. Art & Busi­ness Con­sult­ing LLC and its employ­ees, mem­bers and asso­ciates are not engage to prac­tice law; you always should dis­cuss legal mat­ters with your attor­ney before talk­ing to any­one else.