Simply Junior

The IRS is cracking down on what it considers to be abusive tax shelters. Many of them are being marketed to small business owners by insurance professionals, financial planners and even accountants and attorneys. I speak at numerous conventions, for both business owners and accountants. And after I speak, I am always approached by many people who have questions about tax reduction plans that they have heard about. Below are the most common.

419 Tax Reduction Insurance Plans

These come in various versions, and most of them have or will get the participant audited and the salesman sued. They purportedly allow the business owner to make a large tax-deductible contribution, and some or all of the contribution pays for a life insurance product. The IRS has been disallowing most versions of these plans for years, yet they continue to be sold. After everyone gets into trouble and the insurance agents get sued, the promoters of the abusive versions sometimes change the name of their company and call the plan something else. The insurance companies whose policies are sold are legitimate companies. What usually is not legitimate is the way that most of the plans are operated. There can also be a $200,000 IRS fine facing the insurance agent who sold the plan if Form 8918 has not been properly filed. I’ve reviewed hundreds of these forms for agents and have yet to see one that was filled out correctly.

When the IRS audits a participant in one of these plans, the tax deductions are lost. There is also the interest and large penalties to consider. The business owner can also be facing a $200,000-a-year fine if he did not properly file Form 8886. Most of these forms have been filled out improperly. In my talks with the IRS, I was told that the IRS considers not filling out Form 8886 properly almost the same as not filing at all.

412(i) Retirement Plans

The IRS has been auditing participants in these types of retirement plans. While there is generally nothing wrong with many of the newer plans, the IRS considered most of the older ones abusive plans. Forms 8918 and 8886 are also required for abusive 412(i) plans.

I have been an expert witness in a lot of these 419 and 412(i) lawsuits and my side has not yet lost one of them. If you sold one or more of these plans, get someone who really knows what they are doing to help you immediately. Many advisors will take your money and claim to be able to help you. Make sure they have experience helping agents that have sold these types of plans. Don’t let them learn on the job with your career and money at stake.

Do not wait for IRS to come and get you, or for your client to sue you. Time is of the essence. Most insurance professionals need help to correct their improperly completed Form 8918 or to fill it out properly in the first place. If you have not previously filled out the form then it is late, and therefore you should immediately seek assistance. There are plenty of legitimate tax reduction insurance plans out there. Just make sure that you know the history of the people with whom you conduct business.

Remember, if something looks too good to be true, it usually is. Be careful.

The information provided herein is not intended as legal, accounting, financial or any other type of advice for any specific individual or other entity. You should contact an appropriate professional for any such advice.

A small business can be defined as a business that is independently owned and operated, one that has only a few employees, and does a rather small amount of business. A lot of times, small businesses are sole proprietorships, meaning that only one person owns the venture. There are many different types of smaller businesses, and there are unique advantages and disadvantages to owing one.

There are many different kinds of small enterprises and ways to operate and own them. The usual consideration for deeming a business “small,” is that it has to have fewer than 100 employees in the U.S., and fewer than 50 in Europe. There are many businesses that are typically small, and a few of these are: hairdressing salons, bakeries, convenience stores and gas stations, photography shops and restaurants, as well as offices for lawyers and accountants, and many others.

All of these are considered a small business for various reasons. Employee size is not the only thing that defines what makes a small business, as other criteria include annual sales, asset value or net profit.

The smallest businesses are called micro businesses, and they are often located inside someone’s home. Both the U.S. and Europe defines “mom and pop” businesses, where the operation is almost entirely run by the owner’s family, as businesses that have less than ten employees.

Franchising is a great way to own a small business without having to create the whole thing from scratch, as the corporation will often pay to get most of the business going. This allows the owner the freedom to concentrate on running the business and not worry about failing so quickly.

There are some great advantages to owning a small business, and there are great disadvantages as well. If you feel that the advantages are better than the disadvantages, then you are a good candidate for a small business venture. Probably the biggest advantage to opening a smaller business is the fact that most take relatively little start up capital.

Smaller businesses have an easier time finding and keeping a market niche. Advertising for small businesses is usually cheap and easy, and smaller businesses can use internet marketing strategies more effectively than a larger company. The biggest disadvantage to opening a smaller business is that it is very easy to go bankrupt.

There are incredibly high business tax responsibilities for smaller businesses as well, and it is necessary that the gross income is always greater than the fixed costs of the business, otherwise it will fail. Additionally, just because someone has a good business idea does not mean it will be successful.

Now you know a little more about small businesses and how they operate. Just remember, if you are planning to open a small business, then make sure to conduct proper background research, because if you don’t, then your business will likely fail within a year or two. In depth research and viable business plans are essential!

Filing income tax returns could be a daunting task for a business owner. Sometimes accountants and accounting clerks need to render overtime just to make sure that the preparation for the said documents and files are organized and done efficiently. For some, because of the large workload would need to temporarily hire someone who could work with the accountants. This would entail a considerable amount of money in overhead and staff costs.

Fortunately, there is a growing trend to utilize online tax return preparation these days. With the use of it, you can now just sit and work on your computer right in the comforts of your home. You will be amazed, that everything can be finished in as short as one hour, depending on the bulk of your data. Say goodbye now to the old fashion technique of tax preparation. If you can make everything easy and quick, then why not. It does not only save you efforts, it can save you time and money as well. But for some, this could be something that they would be skeptic about. The concerns would be about confidentiality and privacy of documents.

Also, if a business belongs to small to medium enterprise, additional cost must be considered to set up an online system that makes tax return preparation easy. Plus, it would mean employing the latest software. Another possible worry is untested and unproven tax preparation methods that may jeopardize the whole system at the end. That instead of trying to conform to the tax law and trying to be as diligent in tax preparation as possible, online tax return preparation may be detrimental to the business as a whole. More worries would come for those who are not yet well versed or at least open to the idea about these modern tax return preparation systems.

But if you are sure of the company offering online tax return preparation, there is indeed nothing to worry about. The first step therefore that needs to be looked into with the use of this kind of tax return preparation is to know how the system works. You just have to know the methods that are employed by companies offering so that your skepticism or worries will be eliminated.

So before you open yourself to the idea of online tax return preparation, here are the things that you should check with companies offering you such services and get rid of your worries:

- How cost effective will it be if my business utilizes the service through outsourcing companies? In this question, you can ask for quotations for the cost of the service and compare it with your current overhead and staff costs in working with tax returns.

- Will the data that I give to outsourced companies be treated with utmost confidentiality? How will I know that they treat my data with such diligence? What are their policies with regards to this and how would I be assured that such policy is implemented?

- What are the methods they employ? Will their system hamper my business operation? Are the methods that they employ easy to understand and one that I’m familiar about?

- Are the companies who offer online services, well versed with the latest accounting systems and processes?

- Are the systems that they employ for outsourcing services reliable and secure?

When all of these questions are answered favorably by the outsourcing companies who offer the services on online tax return preparation, you can be assured that your shift from manual preparation to online methods will work for your own business benefit.