SCORE Thoughts

SPRING CLEANING chairman picture

 

In the spring, our minds turn to cleaning our house and garage, cleaning our office, and ridding ourselves of unnecessary paperwork and junk. As the rain makes the dirty blackened snow disappear and the trees begin to bud, we want to rid our lives of the excesses that seem to creep onto the tops of our desks and complicate our lives. We all yearn to know: How much of this “stuff” should I save and how much can I safely destroy without regret?

The Internal Revenue Service (IRS) is not the most important reason to keep good business records, but it is the reason that motivates most folks. Some of the information that follows is taken from two IRS publications: #552, “Recordkeeping for Individuals” and #583, “Starting a Business and Keeping Records.” If you want to read more details, I suggest you go to www.irs.gov and click on publications.

In addition to the tax reasons for keeping adequate records, you may need to keep records for insurance purposes or for getting a loan. Everyone who owns a personal residence should have a file or a manila clasp envelope in which to keep a record and receipts for the acquisition of and improvements to the home. The first item in the file or envelope should be the closing statement for the purchase of the home. That document provides the date of acquisition and the cost. After the original purchase, if you make improvements to your home, keep a recap sheet listing each improvement, the date, and the total cost; keep the receipts and backup documentation.

In addition to your home purchase, keep a separate file or envelope for each major purchase of assets such as jewelry, cars, boats, campers, vacation home, rental property, business equipment, stocks, bonds, mutual funds, etc. Each file should be started with the invoice for the purchase, establishing date of purchase and cost. For your business, you will want to have a file for each purchase of real estate and major piece of equipment. You should keep the entire file for each asset for at least three years after you dispose of the asset.

Three years after the filing date of your tax return is the minimum time you need to keep the records pertaining to your income and expenses on your income tax returns. That means that for your 2008 income tax return that must be filed by April 15, 2009, your evidence must be kept until at least April 15, 2012. If you fail to report some income on your tax returns, the length of time is six years after you have filed your return rather than only three years. If you do not file a tax return or you file a fraudulent return, the length of time to keep the records is forever. If you have employees, there are more rules on the retention of employee records; generally, they must be kept at least five years. See IRS Publication 15 for specific employment tax records you must keep.

In summary, many of your records can be destroyed after three years from the date you filed your tax return—things like medical, charitable contributions, property taxes, and vehicle license receipts. It is a good idea to keep these expense receipts in an envelope labeled by year rather than by topic, so when the three years expire, you do not have to go through the file to pull out documents pertaining to the acquisition of assets that you still own. Be careful to shred anything that has identification data on it, such as social security numbers and bank account and credit card numbers.

Bus Card

Jean Kruse

SCORE® Chairperson and CPA (retired)

CONTACT ME

————————————————————–

What is SCOREThe Cedar Rapids SCORE® Chapter serves Linn, Jones, Benton, and Cedar counties. Phone 319-362-6405.
There is absolutely no charge for our services, and we can help ensure you succeed.

Counseling help from the comfort of your home.

Using the “national” SCORE® website you can get confidential advice from a SCORE counselor via the internet by typing in your question. One of our more than 10,500 counselors in the United States who has expertise on the subject you selected will answer your question within 48 hours.

Form of Business

SPECIAL LESSON

SUCCESSFULLY STRUCTURING YOUR BUSINESS

Biz Card

What form should my business take? This is often the first question aspiring entrepreneurs ask themselves. Should I form a corporation? Does a sole proprietorship make sense? Do I need to name my business? How do I register my business’s name and what does that mean?

BE SURE TO SEE ACKNOWLEDGMENTS AND DOWNLOAD OPPORTUNITIES BELOW.

While these should not be the first things that you think about when kicking off a business—business planning should be—it is worthwhile considering some of pros and cons of the various business forms. The business form you finally select can affect your taxes and can serve to protect your personal wealth. Sometimes, the selection can save you time, money, and legal worries, as well.

The objective of this article is to demystify the process for you. We’ll discuss some of the business entity basics, refer to what experts have to say about each form, and present you with access to two excellent presentations on the subject.

This is only a start, though, and no substitute for consulting one-on-one with experienced experts. It is always wise to seek legal and financial accountant advice—and seek out advice from SCORE®.

Simplest and least costly forms

There are three basic forms for you to consider first.

The simplest form of business entity is a sole proprietorship (refer to diagram 1 below.) Recommended for many small businesses, a sole proprietorship is your best choice if your legal risks are minor, you don’t plan to employ more than a few people, and your tax implications are not significant.

The second choice, the S-Corporation is good for small businesses who expect to encounter some legal risk and more tax challenges (refer to diagram 2 below.)

Limited Liability Partnerships, the standard Corporation or C Corporation, makes sense for the rest. (Limited Liability Corporations and Partnerships will not be discussed here, but are discussed in the PDF presentations accompanying this article.)

1 SOLE PROPRIETORSHIP TOP-LEVEL STRUCTURE

Biz Card

2 CORPORATION TOP-LEVEL STRUCTURE

Biz Card


If you are just getting started, the Sole Proprietorship and S Corporation are worth considering. They appear to be the lowest cost to manage & maintain. In the case of the S Corporation, it provides a sensible balance of tax and liability advantages for the small business owner.

3 Sole Proprietorship pluses and minuses

Biz Card

4 S Corporation Defined (Note the tax points.)

Larger business considerations

If you expect to build a large business and have many stockholders, a regular C Corporation might be a better choice (refer to diagram 5 below.) It should be noted that you can change your business form as circumstances warrant. Your business form should be reviewed periodically to ensure it is aligned with your business type and interests.

Where is one to start, how to decide

Home businesses, by default, are sole proprietorships if they involve one person. You need not do anything to assume this form. It is the default form assumed by the IRS and other governmental institutions. For tax purposes, all you likely need is your social security number.

However, this form is not the best if you think you may encounter liability exposure such as personal injuries, product warranty issues, etc., in your business. Also, there are some tax related “downsides” to the sole proprietorship, as shown in the diagrams. In this case you may wish to consider a form of business that separates your personal wealth from that of the company. You might need to go directly to one of the Corporate forms.

5 S Corporation LIMITATIONS

Biz Card

How to find help

When the time has arrived to consider the form of business, perhaps sometime after you plan and begin to build the business, we recommend you visit SCORE® or some of the other free business counseling services, such as the SBDC (Small Business Development Center) at Kirkwood, to get some pointers and advice regarding how to step logically through this process.

If you have a family lawyer, you can also consult him or her. There are also some very low cost legal advisory services in the state of Iowa that can help you make decisions. Contact SCORE® Counselor for further information. There is no reason to spend a lot of money in forming a business, so look for sensible, high quality yet affordable advice. Study, learn, understand completely and then act.

TWO COMPLETE “BUSINESS FORM” PRESENTATIONS

If you wish to read more, please download the presentations below. They are in PDF form.

CLICK ON IMAGES TO DOWNLOAD EITHER OR BOTH.

Biz Card

Biz Card

ACKNOWLEGEMENT AND THANKS
The helpful diagrams in this article were provided courtesy of Amanda M. D’Amico, of Moyer & Bergman PLC, Attorneys at Law.

Ms. D’Amico is a past presenter in SCORE®’s “How to really start your own business” business startup course which is offered 3 times a year for a modest price. It provides a wonderful opportunity to learn about business forms and all other topics related to starting and managing a business. See THIS LINK for more information.

Ways to File Your Tax Return FREE

The IRS wants more individuals and businesses to file their tax returns electronically (e-file). The IRS website (www.irs.gov) explains two methods of filing electronically. They list twenty different companies that will prepare and e-file your federal return free. Each company charges a fee for preparing your state income tax return; that fee is usually between $15 and $20. You will also find instructions on the IRS website to e-file your own federal tax return if you usually prepare your own return.

 

If you need step-by-step assistance to file your own tax return, you can choose one of the twenty companies referred to as “Free File Alliance Online Tax Preparation Companies.” Each company has its own criteria for preparing a free federal tax return. First, the free file is limited in most cases to persons whose total income is less than $56,000; a couple of the companies limit it to persons whose total income is less than $30,000. In addition, many of the companies limit the free federal tax return preparation availability by age-senior citizens are not included. Some of the companies limit the free federal income tax preparation to individuals who live in certain states, but Iowa is not a state that is eliminated by any company. It makes sense to use one of these companies even if you do not qualify for free preparation-the total cost of federal and state is probably less than $100.

 

Another method for free e-filing of very simple federal and state income tax returns is to use the services provided by a VITA (Volunteer Income Tax Assistance) program. This is an IRS sponsored program provided in various places, such as the VITA program at Kirkwood Community College. These volunteers request that no business, rental or investment income be part of the taxpayer’s profile. Appointments can be made by e-mailing VITA@kirkwood.edu or by calling 319-398-5899, Ext 4521.

 

If you have a business, you should use a tax service of some kind-a CPA, attorney, enrolled agent, or other reputable tax preparer-to prepare your federal and state income tax returns because their advice and expertise is valuable. Some of these preparers have the ability to e-file your returns. It makes sense to e-file simply to save postage and paper.

Past Ask SCORE Articles

Open this Post, and you will be able to read 17 Ask SCORE articles.

>>-> MORE >>->

Past Messages by Chairwoman (Jean Kruse)

Open this Post, and you will be able to read 18 messages from the SCORE Chairwoman in Cedar Rapids.

>>-> MORE >>->