Category: Small Business

New Healthcare Tax Credit Should Help Small Businesses, Nonprofits

This story is republished from CFOZone, where you’ll find news, analysis and professional networking tools for finance executives.

The Internal Revenue Service recently released some information to help companies take advantage of a tax credit provided by the health reform law.

The IRS estimates that about 4 million businesses qualify, and is sending out notices to as many as possible advising them of the tax break. If you haven’t received anything but believe your company may qualify, here’s what you should know:


The credit is available to companies with fewer than 25 employees with average wages of $50,000 or less. The full credit goes to companies with 10 or fewer employees and average annual wages of $25,000 or less. It is not available to self-employed individuals.

The credit covers 35 percent of an employer’s contribution to employee health premiums, so long as that doesn’t exceed 35 percent of the average cost of a health plan in the small group market. For a tax-exempt organization, the credit is 25 percent. Once the health exchanges are set up, the credit increases to 50 percent for businesses and 35 percent for nonprofits. At that time, the credit will only be available to companies purchasing insurance through the exchange.

A company can use the credit to reduce income tax owed and can carry the credit forward 20 years or back one year after 2010. Nonprofits can use the credit against withholding and Medicare taxes owed on behalf of their employees.

A key caveat is that employers must pay for half of the premium. For most workers, especially low-wage employees, a company that does not pay for at least half the premium is offering insurance that is essentially unaffordable. Even 50 percent is most likely not enough to do low-wage workers much good, especially at small companies where health care premiums are more expensive.

The amount of the credit is based on the premiums an employer pays for, so the more generous the coverage, the greater the credit. While premiums paid for owners and their families cannot be counted, those paid for seasonal workers can be. And the IRS has defined “premiums” broadly: not only does it cover premiums for standard medical insurance but it also applies to dental, long-term care and vision insurance-though again, an employer must pay 50 percent of each premium to count it toward the credit.

Calculating the credit probably requires any small employer to consult an accountant to see if the benefits are worth the cost of providing insurance. The tax credit is in effect, allowing employers who are already thinking about health insurance for their employees to factor in the savings as they plan ahead.

As an observer, I think the key issue is whether the credit is enough to offset the rising cost of health insurance. Those costs have hit small employers the hardest. We’ll see if the tax credit makes a difference in reversing the trend among small employers of dropping health insurance for their employees altogether.

S Corp Shareholders Are Going to Have Basis Issues at Year End – Four Things for Them to Keep in Mind

When somebody repays a loan, that’s not income to the lender, is it? It can be when a shareholder loans money to an S corporation. New York businessmen Ira and Sheldon Nathel learned that the hard way in court this week. Ira and Sheldon each owned shares in food distributors that were set up as S corporations. When you own an S corporation you may deduct corporate losses on your 1040, but only if you have basis in your S corporation stock or in loans you have made to the corporation (guarantees of corporate debt don’t work).

Yes, there’s a catch. When you take S corporation losses, they reduce your basis — first in your stock, then in your loans. Subsequent income, including tax-exempt income, restores your basis in your debt andr. If you repay a loan with reduced basis, you have taxable income to the extent the repayment exceeds your basis.


At the end of 2000, IRA and Sheldon each loaned $649,775 to one of their S corporations. That enabled them to take losses of $537,228 or so, leaving them with $112,547 in remaining loan basis. That would have been fine if they had waited patiently until S corporation income had restored their basis. Their patience ran out in February 2001, when they repaid the loan in full.

They may have had second thoughts. In August 2001 Ira and Sheldon each made a capital contribution to the S corporation — $537,228, coincidentally. They then took a novel position on their 2001 tax returns. The Second Circuit Court of Appeals takes up the story:

In calculating their 2001 taxes, the Nathels treated their capital contributions… as constituting “tax-exempt income” to the corporations for the purposes of § 1366(a)(1)(A). Therefore, because the Nathels’ bases in their stock previously had been reduced to zero and because their bases in the loans they made to the corporations were also reduced, the Nathels used their capital contributions to restore their bases in the loans pursuant to § 1367(b)(2)(B). Without such an increase in their bases, the petitioners would have been taxed on the ordinary income that would have resulted from the corporations’ repayment of the petitioners’ loans in amounts above the petitioners’ previously reduced bases.

The IRS didn’t buy the idea that a capital contribution was some sort of income. They said a capital contribution increases capital, not debt, and is allocable to stock basis. That meant $537,228 in ordinary taxable income. Unfortunately for Ira and Sheldon, the Tax Court, and now the Second Circuit, continue to recognize the capital/income distinction that has been around for approximately forever.

The economy being what it is (still crappy), lots of S corporation shareholder are going to have basis problems at year end. They should keep a few points in mind:

• Basis is necessary to deduct losses, but it isn’t sufficient – Your basis has to be “at-risk” and you have to clear the maze of the “passive loss” rules.

• Use caution when repaying loans – When you make a year-end loan to your S corporation to enable you to deduct losses, repaying the loan will trigger taxable income until the loan basis is restored by subsequent S corporation income.

• “Open account” loans can be tricky – Regulations split “open account” debt into separate “loans” when the loan amounts exceed $25,000. That means fluctuating open account balances during the tax year can lead to taxable income, even if the balance ends up higher at year end than it was at the start of the year.

• Related party issues – It’s dangerous to borrow from one S corporation you control and loan the funds to another one. The IRS likes to attack such loans as lacking substance.

So Ira and Sheldon get to write some big checks to the IRS. They have the consolation of having $537,228 more basis in their stock, to offset other income somewhere, somehow, someday.

Joe Kristan is a shareholder of Roth & Company, P.C. in Des Moines, Iowa, author of the Tax Update Blog and Going Concern contributor. You can see all of his posts for GC here.

Customer Relationship Management – Know Your Customer, Know Yourself

The first rule of business is “know your customer.” So, how do you do that?

This is the question that brings you into the field of CRM (Customer Relationship Management). I remember working in a tax firm back in the early 2000s and all client correspondence was hardcopy in the file. Our “CRM system” was rows of filing cabinets.

A sales forecast? rked at a company where the sales forecast was an excel spreadsheet that physically gave me vertigo just looking at it. Updating that thing was like a game of Tetris.


A “real” CRM system consolidates all of your company’s customer interactions and sales activities into one database. It enables sales and marketing to detail the entire sales process from Lead to Close. And now it’s the difference between “knowing your customer” and living in the dark ages.

I only started seeing these systems spring up in mid-sized businesses a few years ago. How much are you guys seeing CRM out there now? Does your CRM system integrate with your other business systems? Or is it more of a Contact Manager?

For example, I have seen an instance where the CRM software operated as its own sphere of information. Then, we had the company financial information as its own separate sphere. To connect the sales pipeline info (from the CRM) to the financial results was a manual task.

I’m throwing it out there because my own experience with CRM in the SMB/SME space is limited to using Salesforce.com. I spoke about them briefly when I introduced Saas and Cloud Computing a few weeks ago. I must sound like a Salesforce salesperson but I’m not. I just found that Salesforce 1) put CRM on the radar for the SME I was working for at the time and 2) was inexpensive and easy to deploy.

The other main Saas CRM play is Sugar CRM. Both Salesforce and Sugar CRM have free versions. A very small business could probably operate on the free version for ever. Most mid-sized businesses could use the free version to test the fit of the product’s process flows before committing to rolling it out throughout the business.

In large enterprise, the CRM is probably big enough to just be called “the system”. Let’s say you are working for a bank or an insurance company. “The system” knows things. Next time you are speaking to a call center representative, ask for a summary of your own history. You might be surprised what details are lurking within the system. These can be simply contact histories or can also incorporate decision-making capabilities (i.e. loan or credit card approvals).

Retailers capitalize on this technology through the use of Loyalty Programs.

The real power behind CRM, for those not currently using this type of software, is the ability to clarify the sales pipeline and to consolidate customer interaction. You can detail right from Cold Call to Close and you can get the analytics to visualize the process too.

We’re right on the cusp of even bigger innovations in this field. Just look at some of the things Google is doing right now with respect to data and data visualizations (Google Trends – Google public data – Google Analytics). Sentiment analysis is appearing to gain traction as well. To blow all that out into the CRM realm means really powerful insight into customer behavior.

The success or failure of the CRM is linked directly to the quality of data in the system. This is where the “know yourself” bit comes into play. Where you can automate, do so. Trusting a salesperson to voluntarily do data entry is like trusting your road-trip navigation to a poet. Not good. Again, great strides continue to be made here. Between the increasing migration of transactions and activities online, and the tools allowing for Salesforce Automation (SFA), the direct maintenance on this type of system can be minimized.

For those of you unfamiliar with CRM technology, maybe you’re working in smaller companies or companies with a legacy of paper-based CRM, Saas solutions like Salesforce and Sugar CRM are worth checking out. It’s a place to start. And it’s free to start.

We would really like to hear from you on this issue as well. What has your experience been with CRM?

Geoff Devereux as been active in Vancouver’s technology start-up community for the past 5 years. Prior to getting lured into tech start-ups, Geoff worked in various fields including a 5 year stint in a tax accounting firm. You can see more of his posts for GC here.

How Much Can Switching to Cloud Computing Save Your Business? Ask Google’s Cloud Calculator

Still blindly dismissing the benefits of cloud solutions for your small business? Fine. But at least crunch the numbers.

Using the Go Google cloud calculator, any sized business, at any stage in its life can calculate the savings by switching to, in this case, Google Apps:


As you noticed, you can change the assumptions for your own company including the number of employees, your IT Manager’s salary, the size of your employees’ inboxes are and more to calculate not only money saved but time saved. At the end of the little Q&A, you can present your findings to your business partners and employees to evangelize your great idea.

Take a test drive into the cloud [Google Blog]

Will Self-insured Companies Bear the Brunt of Rising Healthcare Costs?

This story is republished from CFOZone, where you’ll find news, analysis and professional networking tools for finance executives.

The employer-sponsored health care system provides health insurance to more than 60 million people–but it does not exist in a vacuum. Employers are often reminded of this fact when their health care costs go up each year. Factored into that cost increase are premiums employers pay to hospitals to help those institutions provide care to the uninsured.

Two years ago the actuarial firm Milliman put a price tag on this cost-shifting: employers pay an additional $1,115 more for a family of four’s health insurance to make up for this loss. That totals about $88 billion annually.


This cost-shifting is once again becoming an issue as the federal government looks to provide insurance to people who cannot otherwise get it because they are considered high-risk.

States have for years created high-risk pools to separate the people with especially high health care costs from the rest of the population. Normally these folks can’t get insurance. The high risk pool absorbs some of the cost to insurers.

Now the federal government is getting in on the action, in large part to address the issue that insurers regularly refuse to issue insurance to some people or they do so at rates that are prohibitively high.

A new analysis on so-called high risk insurance pools that the federal government will set up as soon as July as a result of health reform makes the point that the money allotted will run out much sooner than originally thought. Instead of covering as many as 7 million people who could qualify there will likely be enough money to cover about 200,000 annually. This is not surprising. The need is always greater; the funds always inadequate.

So what does this all mean for employers?

It appears one step removed. But, as employers know, the health care system is fragmented yet, in the end, someone – either the federal government or employers – ends up paying the cost. In the analysis, published by the Center for Studying Health System Change, the authors point out that states with high risk pools currently do not assess self-insured employer plans.

Under the federal law this will change. Employers will face an assessment. One possibility is that the assessment will have to go up in order to increase the amount of money in the pot. The other of course is to limit who can get access to the high risk pools.

It remains to be seen what kind of conflict this issue will provoke. Like many other aspects of the new health care reform, it has the potential to fade away or to metastasize into something problematic.

But one thing remains likely: costs will continue to go up. The question is who will pay for these costs? If these assessments are any sign, it will be insurers and self-insured employers.

Memo to CFOs: Layoffs, Frozen Salaries Don’t Always Save the Most Money

Layoffs, pay freezes, pay cuts. Pretty simple cost cutting solutions for CFOs who’ve got tight budgets. Unfortunately, the slash and burn tactics for personnel may have been better applied in another area – inventory.

A recent survey performed by Greenwich Associates of midsized and small company “financial decision-makers” found that, in particular, midsized companies ($10 million to $500 million in revenue) that reduced their inventory, on average, saved 30% more ($520k inventory vs. $400 layoffs).

While that’s great news, the unfortunate part is that only 17% of the companies survey bothered with that particular cost saving strategy while 47% of those survey used “staffing reductions.”


The survey also found that while 37% of used pay freezes to reduced costs with an averaged savings of $245,000. Crunching the numbers, that’s nearly 53% less savings than the inventory reduction savings.

Of course, not all companies have inventory in the dusty-stacks-of-pallets-in-a-warehouse sense. This is especially true of the professional services/financial services area where, unfortunately, the staff are sometimes considered to be inventory.

Lesson from the Downturn: Cut Inventory, Not People [CFO]

Mario Armstrong: Cloud Computing, SaaS, Social Media Are Tools for All Small Businesses to Consider

Earlier this week we got the chance to speak with Mario Armstrong, on-air tech contributor for NPR’s Morning Edition and tech contributor to CNN. We discussed several technology issues, including SaaS and social media, for small businesses to consider to mark National Small Business Week.

There you have it! Cloud solutions, SaaS, social media. They’re all important tools for small business owners. You can spend your weekend boning up.

Doing Penance for John Edwards’ Sins: Provision Could Hit “Skilled” S Corp Owners

Long before John Edwards became known as a well-coiffed skirt-chasing weasel, he was a well-coiffed successful trial lawyer. He was successful enough to afford good tax advice, so he conducted his law practice in an S corporation.

Back in the old days, professional practices were conducted as sole proprietorships or general partnerships, reportable as self-employment income, subject to the 15.3% self-employment tax up to the FICA base (currently $106,800), and to the 2.9% Medicare portion of the tax to infinity.


When state laws allowed professionals to incorporate, attorneys and accountants quickly noticed that income on S corporation K-1s is not subject to self-employment tax. This makes S corporations a popular way to run a professional practice. The professionals take a “reasonable” salary out of the business (subject to employer and employee FICA and Medicare tax) – enough to not raise IRS eyebrows – and take the rest out as S corporation distributions with no employment tax.

John Edwards did well by this. His law practice generated millions dollars of K-1 earnings in excess of his salary, saving him hundreds of thousands of dollars in payroll and self-employment tax.

Now that he has been reduced to a wealthy target of mockery, Congress is ready to crack down on the John Edwards S corporation tax shelter. The annual “extenders” bill has a provision – almost as absurd as Edwards love life – that will hit professional S corporation K-1 income with self-employment tax. The SE tax will apply when the “principal asset” of the S corporation is the “reputation and skill” of three or fewer professionals – defined for this purpose as “services in the fields of health, law, lobbying, engineering, architecture, accounting, actuarial science, performing arts, consulting, athletics, investment advice or management, or brokerage services.”

Congress doesn’t muss its hair worrying about how taxpayers in multi-owner S corporations are supposed to figure out whether its “principal asset” is the “reputation and skill” of three or fewer owners. However it works, this provision is too late to hurt John Edwards — his reputation isn’t much of an asset anymore.

Joe Kristan is a shareholder of Roth & Company, P.C. in Des Moines, Iowa, author of the Tax Update Blog and Going Concern contributor. You can see all of his posts for GC here.

Small Businesses Lead on Long-term Job Growth

This story is republished from CFOZone, where you’ll find news, analysis and professional networking tools for finance executives.

If you harbored any doubts about the importance of small businesses to job growth, then you should consider the results of new research looking at payroll data over the past ten years. The clear conclusion is that the lion’s share of employment growth over the long term has happened at establishments employing fewer than 50 people.

But the implications for our current economic situation are disturbing.


The research, from Case Western Reserve’s Scott Shane, looked at data collected from Automated Data Processing’s monthly employment numbers from 2000 to 2010. The numbers are broken down into three categories: establishments with 1-49, 50-499, and more than 499 employees. By establishment, ADP means “a single physical location where business transactions take place and for which payroll and employment records are kept.”

According to Shane’s analysis, the most job loss has occurred at the bigger establishments. For example, in March 2010, the biggest folks employed 84.3 percent of the people who worked for them in December 2000. As for establishments with 50 to 499 workers, they employed 93.6 percent of those who worked for them over that same time period.

But, for the smallest establishments, the story is startlingly different. They now employ 103.5 percent of the people they employed in December 2000.

Then, there’s a study from the Ewing Marion Kauffman Foundation I wrote about recently. It showed that high-growth companies that are three -to- five years old account for about 10 percent of new jobs in any given year, although they make up less than one percent of all businesses.

But, if small establishments and so-called gazelle firms are so important to job growth, then the latest data from the National Federation of Independent Business, reported on by my colleague Stephen Taub, is especially sobering. The findings showed continued decreases in hiring and flat growth in capital expenditures.

It all has urgent implications for government policy. Given the importance of fast-growing young firms, in particular, to employment creation, the wisest policies would be those that support these promising, three-to-five year old businesses. Something has to be done to get our engine of employment creation back on track.

Small Business Still Not Showing Signs of Life

This story is republished from CFOZone, where you’ll find news, analysis and professional networking tools for finance executives.

Don’t look for small businesses to lead the economic recovery.

The monthly reading from the National Federation of Independent Business Index of Small Business Optimism clearly shows little optimism among small business.


Sure, nine of the 10 components that comprise the index rose from the prior month.

However, some of the critical factors that would indicate whether small business owners plan to invest in their firms did not show encouraging results. The NFIB’s job measures barely moved and capital expenditure plans were flat.

More specifically, according to the survey average employment per firm was negative in April. What’s more, since July 2008 employment per firm has fallen steadily each quarter, logging the largest reductions in the survey’s 35-year history.

If small business is key to job growth – as some pundits think – then this does not bode well for our economy.

And the jobs small businesses create are not exactly great ones. They are more likely to come without benefits and less time off for vacation.

Meanwhile, the Index does not suggest that small businesses will be investing heavily in non-personnel. It noted that plans to make capital expenditures over the next few months were unchanged from the prior month and its reading is only slightly above the 35-year record low.

Yikes!

The survey also noted that small business owners continued to liquidate inventories and weak sales trends gave little reason to order new stock. In fact, more owners plan to reduce stocks than plan new orders, according to the NFIB.

Meanwhile, regular borrowers continued to report difficulties in arranging credit. “Historically weak plans to make capital expenditures, to add to inventory and expand operations also make it clear that many borrowers are simply on the sidelines, waiting for a good reason to make capital outlays and order inventory that requires businesses to take out the usual loans used to support these activities,” the report notes.

Obviously, small businesses are not going to turn this economy around any time soon.