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Dispute Resolution Alternative

Posted By Angela Romero, Thursday, May 23, 2024

Dispute Resolution Alternative

By Angela Romero

American Arbitration Association

Did you know that you could resolve disputes outside of court? Let’s explore dispute resolution alternatives with the American Arbitration Association©.

Welcome to our new blog series: Exploring dispute resolution alternatives with the American Arbitration Association. If you’re venturing into the business world, you know it’s an exciting journey filled with challenges. Every decision counts, and how you handle disputes can make a big difference in your success.

At the American Arbitration Association (AAA), we’re not just experts in resolving conflicts; we’re also here to educate and support you. With our nearly 100 years of experience, we recommend Alternative Dispute Resolution (ADR) methods like arbitration and mediation to keep your business on track.

What is ADR? ADR is a set of tools to resolve conflicts outside of court. It’s efficient, less formal, and faster. Here’s a quick overview:

· Arbitration: A neutral arbitrator makes a binding decision in a private setting.

· Mediation: A mediator helps both parties reach a mutually beneficial resolution.

Why is this important? Knowing how to handle disputes efficiently saves time, money, and stress, allowing you to focus on growing your business.

Our CEO, Bridget McCormack, believes in creating a happier, healthier world through resolution and cooperation. We’re committed to your success by providing knowledge and tools through our services, including educational seminars and workshops.

Stay tuned for more in this series, where we’ll dive deeper into ADR and give you practical tips for managing business disputes effectively. We’re here to help you not just succeed, but shine in the business world. There’s room for all of us to thrive!

Tags:  Legal 

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Succession Plans, business records

Posted By Michael King, Gammage & Burnham, PLC, Tuesday, June 28, 2022

QUESTION: HOW CAN I KEEP MY BUSINESS GOING AND EVENTUALLY TRANSFER IT?


ANSWER: SYSTEMIC BUSINESS SUCCESSION PLANNING CAN KEEP YOUR BUSINESS INTACT

THROUGH THE UNCERTAINTIES AND CERTAINTIES OF BUSINESS CYCLES AND LIVES.

People die, get divorced, become disabled, or simply get mad at each other.  Businesses and markets expand and contract.  Capital and financing dry up.  Business cycles come and go, businesses thrive and fail.  How do you keep the enterprise on a solid footing through all of the vagaries of business and life? 

Let's start with the basics!

What is the Business and Who Owns It?

What kind of entity is the business?  What kind of entity do the business owners believe the business to be?  What do the legal documents actually reveal to be the business structure, if anything?

Who owns the business?  Are there records as to who put money into the business and how much?  Did anyone contribute "sweat-equity" and are there any records memorializing the value of such efforts?  Do the owners all agree on the respective ownership percentages?  What, if anything, do the business documents reflect about the respective ownership interests and values?

Who owns the name of the business?  Are there tradename protections and trademark protections?  Have all of the proper applications and filings been made to protect trade names, trademarks and other basic intellectual property?  Are all of the filings to protect the basic intellectual property of the business current?  Who owns the email address and who owns the website and its content?

Can Anyone Find the Business Records When Needed?

Who keeps the business records?  What checks and balances are in place with regard to business records and accounts? Who is the accountant?  Are there procedures for audits?  Does the business have any deadlines in place for reviewing and updating business documentation? 

Where does the business bank?  Are there multiple banking accounts with multiple financial institutions?  Are there banking resolutions and are they current?  Is the business in compliance with all requirements of the financial institutions with which it does business? Who can sign on bank accounts and are they still with the business?

Where is the business physically located?  Are the premises owned or rented or both?  Does anyone have all of the current copies of leases and deeds?  Are all property taxes current?  Is there a list of all of the phone numbers?  Who owns the phone numbers? (Do some of them actually belong to people who are no longer with the business?)

What insurance coverage is in place?  Is there liability insurance?  Is there property and casualty insurance?  Do these insurance policies actually cover the most likely risks of the business?  Are the policy limits reasonable to protect the business from anticipated risks?

Is there medical insurance for the owners and staff?  Does the medical insurance comply with all current federal and state laws and regulations?  Have you checked on that lately? 

Is there key person life insurance and disability insurance to provide funds to help the business survive deaths and disabilities of key managers?

What Does the Business do?

What are the current goods and services offered by the business?  What are the markets for the goods and services offered by the business?  What are the geographic markets?  Who are the customers?  What changes in business offerings or markets are anticipated?

Are There Written Compensation Packages for Owners, Officers, Directors and Key Management Personnel?

Are there existing mechanisms for distributing dividends, returning capital or paying profits?  Are there guidelines for salaries or draws?  Are there written policies for reimbursement of expenses?  Are there written procedures for any and all bonuses?

Are there indemnification provisions for officers, directors or owners?  Is there adequate directors and officers insurance coverage? 

What Happens if an Owner Wants to Sell to an Outsider?

What happens if an owner dies?  What happens if an owner wishes to retire?  Can owners be forced out of the business?  How do owners plan to cash out their equity in the business?

Are there buy-sell agreements or operating agreements that govern transfers of business interests?  Are they adequate and current?  Are they properly funded through reserves and life and disability insurance? 

What are the valuation procedures in the event of any transfers of interests in the business?  Are there any valuation procedures for ownership interests?  Are the valuation procedures current and do they match the actual current value of the business?  Do the procedures still make sense? 

Are There Proper Business Policies in Place?

Are there policies governing conflicts of interest?  Are there policies on non-competition and not usurping business opportunities?  Are all policies in place to comply with all federal, state and local laws and regulations? 

Has Anyone Actually Thought About how the Business Will Continue and Remain Intact in Light of the Uncertainties and Certainties of Business Cycles and Life? 

If you need help with these challenges, please call me.

Michael R. King  Gammage & Burnham, Attorneys at Law   602-256-4405

Tags:  Succession Plans 

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EEOC Says Employers CAN Require Vaccines Before Employees Return

Posted By Matt Cover, CBIZ Employee Benefits, Monday, June 7, 2021

Hey all, just wanted to pass along some info from our Compliance and Regulatory Team here at CBIZ Employee Benefits.

 

Check it out:

 

The Equal Employment Opportunity Commission (EEOC) has updated its webpage, “What You Should Know about COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”

 

The updated FAQs relate primarily to information about vaccinations. Employers are encouraged to review the questions and answers on “What You Should Know about COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” and to update their policies and train staff accordingly. Employers should also note that some state or local jurisdictions maybe impose additional restrictions on employer vaccine mandates.

 

Yes. Federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19. Moreover, under the ADA, an employer may require all employees to meet a qualification or safety-related standard that is job-related and consistent with business necessity, such as a safety-related standard requiring COVID-19 vaccination.

 

Click HERE to read more from the CBIZ Compliance Team. 

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Credit Card Fees – What Am I Paying For?

Posted By Carlos Canez, Aurora Payments, Tuesday, March 16, 2021

Credit Card Fees – What Am I Paying For?

Many merchants falsely believe that all credit card fees deducted from credit card transactions are paid to the credit card processor. The truth is, your processor only gets to keep a very tiny portion of each transaction. This article is intended to provide a clear understanding of how credit card fees work and who receives the collected fees. It’s difficult to negotiate fees that you simply don’t understand.

A transaction begins the moment your customer uses their credit card to pay for your remodeling services. The fees you pay are based on the amount of the transaction processed and are determined by important factors such as your merchant services provider, your bank, your customer’s bank, and the card brand that issued your customer's credit card, such as MasterCard, Visa or Amex.

Some processors, such as Stripe or Square charge a fixed price per transaction without any additional fees added. Others add a small mark-up above what the credit card brand charges for the transaction. Some processors use a tiered pricing system known as Interchange Plus that assesses fees based on the type of card presented and other variables that are not within your control. These include cards that produce rewards for the cardholder, government credit cards, corporate cards, non-rewards cards etc.

Flat Fee Pricing

Fees are based on one of three different pricing models. A flat rate is the simplest to understand, but likely the most expensive of the three models. As an example, if you process a credit card transaction in your customer’s home by manually entering the credit card number into the Square app on your phone, Square will charge 3.50% and then add a flat fee of .15 for each transaction. If you are collecting $5,000 from your client, you will be charged $175.15 for this transaction and your pay-out will be $4824.85 that you get to keep.

Interchange Plus pricing is the preferred pricing for most merchants. Card brands such as Visa and MasterCard charge a fixed fee for each transaction. This is called an Interchange Rate. The Interchange Rate is set by the card brands (MasterCard, Visa etc.) and is the exact same for all credit card processors. You can consider this the wholesale cost of accepting a credit card. A credit card processor using the Interchange Plus pricing model will mark the fee up a little bit and charge you the increased mark-up amount. Using the same $5,000 transaction as above and assuming the transaction includes the use of a Visa Retail Rewards Traditional credit card, you would be charged an Interchange Rate of 1.650% + 10¢. That rate is the specific Interchange rate for this specific type of card. The total wholesale cost of a $5,000 charge would be $82.60 plus the processor’s mark-up. As you can see, there is a difference of $92.50 between Flat Fee Pricing and Interchange Plus rates.

The Interchange fees go directly to the card brand. The processor only gets to keep the marked-up portion. The Interchange rates fluctuate based upon the type of card presented, whether it’s a credit or debit card, and whether or not it is a “rewards card”. Someone must pay for those rewards and that someone is you as a merchant. A Rewards card costs more to process and that is factored into the Interchange Rate.

Negotiating Your Fees

The amount of mark-up charged by credit card processor’s using the Interchange Plus model for each transaction isn't set in stone. If your processor only offers a flat rate pricing model, you are stuck and there is no negotiation process. For merchants using the Interchange Plus or tiered pricing model, negotiating your card fees is possible. Negotiating involves talking to your processor and asking to get a lower markup on the “plus” plan. If your sales volume is high, but your charges are small, ask about a lower per-transaction fee. Remember, if your processor is already at rock bottom and earning a dime per transaction, there isn't a lot of wiggle room. One last thing you need to know about processing fees is that fees vary based on how you accept payments. Your payment gateway is either a Point-of-Sale system, a terminal reader in your office, an app on your phone or perhaps an online portal that your customers use to pay you. Fees vary based on the risk of fraud posed by each type of transaction, with online transactions and manually keyed transactions being the riskiest and therefore the priciest to process.

Tags:  credit cards  finance  restaurant  Sales Professionals  savings  small biz  tips 

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IRS begins delivering third round of Economic Impact Payments to Americans

Posted By Lisa Novack, IRS, Monday, March 15, 2021

IRS begins delivering third round of Economic Impact Payments to Americans

IR-2021-54, March 12, 2021

WASHINGTON – The Internal Revenue Service announced today that the third round of Economic Impact Payments will begin reaching Americans over the next week.

Following approval of the American Rescue Plan Act, the first batch of payments will be sent by direct deposit, which some recipients will start receiving as early as this weekend, and with more receiving this coming week.

Additional batches of payments will be sent in the coming weeks by direct deposit and through the mail as a check or debit card. The vast majority of these payments will be by direct deposit.

No action is needed by most taxpayers; the payments will be automatic and, in many cases, similar to how people received the first and second round of Economic Impact Payments in 2020. People can check the “Get My Payment” tool on IRS.gov on Monday to see the payment status of the third stimulus payment.

“Even though the tax season is in full swing, IRS employees again worked around the clock to quickly deliver help to millions of Americans struggling to cope with this historic pandemic,” said IRS Commissioner Chuck Rettig. “The payments will be delivered automatically to taxpayers even as the IRS continues delivering regular tax refunds. We urge people to visit IRS.gov for the latest details on the stimulus payments, other new tax law provisions and tax season updates.” 

Highlights of the third round of Economic Impact Payments; IRS will automatically calculate amounts

In general, most people will get $1,400 for themselves and $1,400 for each of their qualifying dependents claimed on their tax return. As with the first two Economic Impact Payments in 2020, most Americans will receive their money without having to take any action. Some Americans may see the direct deposit payments as pending or as provisional payments in their accounts before the official payment date of March 17.

Because these payments are automatic for most eligible people, contacting either financial institutions or the IRS on payment timing will not speed up their arrival. Social Security and other federal beneficiaries will generally receive this third payment the same way as their regular benefits. A payment date for this group will be announced shortly.

The third round of Economic Impact Payments (EIP3) will be based on the taxpayer’s latest processed tax return from either 2020 or 2019. This includes anyone who successfully registered online at IRS.gov using the agency’s Non-Filers tool last year, or alternatively, submitted a special simplified tax return to the IRS. If the IRS has received and processed a taxpayer’s 2020 return, the agency will instead make the calculation based on that return.

In addition, the IRS will automatically send EIP3 to people who didn’t file a return but receive Social Security retirement, survivor or disability benefits (SSDI), Railroad Retirement benefits, Supplemental Security Income (SSI) or Veterans Affairs benefits. This is similar to the first and second rounds of Economic Impact Payments, often referred to as EIP1 and EIP2.

For those who received EIP1 or EIP2 but don’t receive a payment via direct deposit, they will generally receive a check or, in some instances, a prepaid debit card (referred to as an “EIP Card). A payment will not be added to an existing EIP card mailed for the first or second round of stimulus payments.

Under the new law, an EIP3 cannot be offset to pay various past-due federal debts or back taxes.  

The IRS reminds taxpayers that the income levels in this new round of stimulus payments have changed. This means that some people won't be eligible for the third payment even if they received a first or second Economic Impact Payment or claimed a 2020 Recovery Rebate Credit. Payments will begin to be reduced for individuals making $75,000 or above in Adjusted Gross Income ($150,000 for married filing jointly.) The reduced payments end at $80,000 for individuals ($160,000); people above these levels are ineligible for a payment. More information is available on IRS.gov.

New payments differ from earlier Economic Impact Payments

The third round of stimulus payments, those authorized by the 2021 American Rescue Plan Act, differs from the earlier payments in several respects:

·       The third stimulus payment will be larger for most people. Most families will get $1,400 per person, including all dependents claimed on their tax return. Typically, this means a single person with no dependents will get $1,400, while a family of four (married couple with two dependents) will get $5,600.  

·       Unlike the first two payments, the third stimulus payment is not restricted to children under 17. Eligible families will get a payment based on all of their qualifying dependents claimed on their return, including older relatives like college students, adults with disabilities, parents and grandparents.

Additional information is available on IRS.gov.

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More details about the third round of Economic Impact Payments

FS-2021-4, March 2021

The Internal Revenue Service, on behalf of the Treasury Department, worked to quickly begin delivery of the third round of Economic Impact Payments authorized by Congress in the American Rescue Plan Act in March 2021. Here are answers to some common questions about this set of stimulus payments, which differ in some ways from the first two sets of stimulus payments in 2020, referred to as EIP1 and EIP2.

How much is the third Economic Impact Payment?

Those eligible will automatically receive an Economic Impact Payment of up to $1,400 for individuals or $2,800 for married couples, plus $1,400 for each dependent. Unlike EIP1 and EIP2, families will get a payment for all their dependents claimed on a tax return, not just their qualifying children under 17. Normally, a taxpayer will qualify for the full amount if they have an adjusted gross income of up to $75,000 for singles and married persons filing a separate return, up to $112,500 for heads of household and up to $150,000 for married couples filing joint returns and surviving spouses. Payment amounts are reduced for filers with incomes above those levels.

Who is eligible for the third Economic Impact Payment and what incomes qualify?

Generally, if you are a U.S. citizen or U.S. resident alien, you are eligible for the full amount of the third Economic Impact Payment if you (and your spouse if filing a joint return) are not a dependent of another taxpayer and have a valid Social Security number (see exception when married filing jointly) and your adjusted gross income (AGI) on their tax return does not exceed:

·       $150,000 if married and filing a joint return or if filing as a qualifying widow or widower

·       $112,500 if filing as head of household or

·       $75,000 for eligible individuals using any other filing statuses, such as single filers and married people filing separate returns.

Payments will be phased out – or reduced -- above those AGI amounts. This means taxpayers will not receive a third payment if their AGI exceeds:

·       $160,000 if married and filing a joint return or if filing as a qualifying widow or widower

·       $120,000 if filing as head of household or

·       $80,000 for eligible individuals using other filing statuses, such as single filers and married people filing separate returns.

For example, a single person with no dependents and an AGI of $77,500 will normally get a $700 payment (half the full amount). A married couple with two dependents and an AGI of $155,000 will generally get a payment of $2,800 (again, half the full amount). Filers with incomes of at least $80,000 (single and married filing separately), $120,000 (head of household) and $160,000 (married filing joint and surviving spouse) will get no payment based on the law.

 

Determining eligibility for the third Economic Impact Payment

Most eligible people will get the third Economic Impact Payment automatically and won’t need to take additional action. The IRS will use available information to determine eligibility and issue the third payment to eligible people who:

·       Filed a 2020 tax return.

·       Filed a 2019 tax return if the 2020 return has not been submitted or processed yet.

·       Did not file a 2020 or 2019 tax return but registered for the first Economic Impact Payment using the special Non-Filers portal last year.

·       Are federal benefit recipients as of Dec. 31, 2020, who do not usually file a tax return and received Social Security and Railroad Retirement Board benefits, Supplemental Security Income (SSI) and Veteran benefit recipients in 2020. The IRS is working with these agencies to get updated information for 2021 to assist with stimulus payments at a date to be determined. IRS.gov will have more details.

How do I find out if the IRS is sending me a payment? 

Beginning Monday, people can check the status of their third payment by using the Get My Payment tool, available in English and Spanish only on IRS.gov. The tool is being updated with new information, and the IRS anticipates that updated information will be available soon.

 

How will the IRS know where to send my payment? What if I changed bank accounts?

The IRS will use data already in its systems to send the third stimulus payments. Taxpayers with direct deposit information on file will receive the payment that way. Those without current direct deposit information on file will receive the payment as a check or debit card in the mail.

Will people receive a paper check or a debit card?

The IRS encourages people to check Get My Payment for additional information; the tool on IRS.gov will be updated on a regular basis starting Monday, March 15. People who don’t receive a direct deposit should watch their mail for either a paper check or a debit card. To speed delivery of the payments to reach as many people as soon as possible, some payments will be sent in the mail as a debit card. The form of payment for the third stimulus payment may differ from the first two.

People should watch their mail carefully. The Economic Impact Payment Card, or EIP Card, will come in a white envelope prominently displaying the U.S. Department of the Treasury seal. It has the Visa name on the front of the Card and the issuing bank, MetaBank®, N.A. on the back of the card. Information included with the card will explain that this is an Economic Impact Payment. More information about these cards is available aEIPcard.com.

How are married couples affected, if only one spouse has a Social Security number?

As with EIP2, joint filers where only one spouse has a Social Security number (SSN) will normally get the third payment. This means that these families will now get a payment covering any family member who has a work-eligible SSN.

For taxpayers who file jointly with their spouse and only one individual has a valid SSN, the spouse with a valid SSN will receive up to a $1,400 third payment and up to $1,400 for each qualifying dependent claimed on the 2020 tax return.

Active Military: If either spouse is an active member of the U.S. Armed Forces at any time during the taxable year, only one spouse needs to have a valid SSN for the couple to receive up to $2,800 for themselves in the third stimulus payment.

Is any action needed by Social Security beneficiaries, railroad retirees and those receiving veterans’ benefits who are not typically required to file a tax return?

Most Social Security retirement and disability beneficiaries, railroad retirees and those received veterans’ benefits in 2020 should not need to take any action to receive a payment. As with the first two stimulus payments, the IRS is to send out the new payments the same way benefits are normally paid. The IRS is working directly with other federal agencies to obtain updated 2021 information for recipients.

 

Some people who will receive an automatic third payment based on their federal benefits information may need to file a 2020 tax return even if they don’t usually file. If your third payment does not include a payment for your qualified dependent who did not receive a third payment, you must file a 2020 tax return to be considered for an additional third payment even if you don’t normally file.

If you’re eligible and didn’t get a first or second Economic Impact Payment or got less than the full amounts, you may be eligible for the 2020 Recovery Rebate Credit but you’ll need to file a 2020 tax return. See the special section on IRS.gov: Claiming the 2020 Recovery Rebate Credit if you aren’t required to file a tax return.

I didn’t file a 2019 or 2020 tax return and didn’t register with the IRS.gov non-filers tool last year. Am I eligible for a payment?

Yes, if you meet the eligibility requirements. While you won’t receive an automatic payment now, you can still get all three payments. File a 2020 return and claim the Recovery Rebate Credit.

 

The IRS urges people who don’t normally file a tax return and haven’t received any stimulus payments to look into their filing options. The IRS will continue reaching out to non-filers so that as many eligible people as possible receive the stimulus payments they’re entitled to.

 

The IRS encourages people to file electronically, and the tax software will help figure the correct stimulus amount, which is called the Recovery Rebate Credit on 2020 tax forms. Visit IRS.gov/filing for details about IRS Free File, Free File Fillable Forms, free VITA or TCE  tax preparation sites in the community or finding a trusted tax professional. 

Will people who receive a payment get a notice from the IRS?

Yes. As with EIP1 and EIP2, people will receive an IRS notice, or letter, after they receive a payment telling them the amount of the payment. They should keep this for their tax records.

 

Where can I get more information?

For more information about Economic Impact Payments, visit  IRS.gov/eip. Check the payment status at IRS.gov/GetMyPayment. For other COVID-19-related tax relief, visit IRS.gov/Coronavirus.

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