Why banks love governance

SAN RANCISCO—Governance is everywhere. I am slated to deliver a talk related to Ownership and Succession today to the students, faculty members and business owners at the Community College of San Francisco Ocean Campus (CCSF). This will be another interesting exchange of ideas with business owners and the academia similar to the one I did exactly…

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Should you conduct your business as a sole proprietorship?

Upon deciding to form your own business, the next question is – what type of entity should you operate – as a sole proprietorship, partnership, corporation, LLC, or LLP?  Which entity is most beneficial for you? Choosing the wrong form could cause unnecessary taxes, increased liability, and unnecessary exposure to lawsuits. What you should not…

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Common misconceptions about bankruptcy 

(This article is part 2 of 2 parts) HERE are some more misconceptions about bankruptcy that we did not discuss last week: 1. Will I lose my house? Normally, debtors get to keep their residence as long as their equity in the house does not exceed the applicable homestead exemption. If the equity of the…

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Sexual harassment at Hollywood’s workplace 

The media is awash with reports regarding Harvey Weinstein, the co-founder of movie companies Miramax and the Weinstein Company. Weinstein is accused of sexual harassment and sexual assault by employees and actresses. The complaints came from women both unknown (a temporary employee for one) and famous (Gwyneth Paltrow, Angelina Jolie, and Ashley Judd). As of…

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How IRS audits consultants

THE IRS developed a guide for its agents in auditing consultants to focus on: 1. Travel and meals, 2. Bartering, 3. Independent ontractor 1099 versus employee W2, 4. Shifting or assignment of income by a taxpayer to a related entity, 5. ersonal ervice orporation, and 6. Internal controls, books and records, electronic software, and use of the Internet. Travel: The…

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Does Godzilla live in your house?

THE Japanese created Godzilla a long time ago. It’s a gigantic T-Rex on steroids that destroys Tokyo and the rest of Japan until someone comes to the rescue and kills it with nukes. Mr. Honda, the author, created the concept of Godzilla as a metaphor for the atomic bombs in 1954 when Hiroshima and Nagasaki, which were the recipients of…

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When credit cards become a heavy debt burden

WITH credit card debt approaching $1 trillion according to the Federal Reserve, there is no doubt that thousands and thousands of families who can’t pay their credit card debts are struggling financially. The average family now carries a balance of a little more than $16,000. Now, this may not seem like a lot, but for…

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Common misconceptions about bankruptcy 

(This article is part 1 of several parts) Having literally represented several thousand clients in successful bankruptcy cases in the last 35 years in California, I have distilled the common misconceptions about bankruptcy into the following: 1. Will debtor go to jail for filing bankruptcy? NO. The debtor will not go to jail for filing…

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How the Irs audits attorneys

IRS agents are equipped with audit techniques unique to attorneys. Here’s insider info on how IRS instructs its agents to probe into: 1. Unreported income, deferral of income. 2. Advanced client costs. 3. Bartering. 4. Constructive receipts. 5. Personal service corporations. 6. Worker Reclassification – were employees misclassified as independent contractors? 7. Were Form 1099s…

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Tips to remember when you owe the IRS

Tips to remember when you have outstanding tax liability to the IRS: • Receipt of tax bill.  If you receive a bill for taxes due, pay the taxes owed including any penalties and interest.  If you are  not able to pay in full the total amount due,  consider getting  a loan to full pay the…

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The rights of disabled probationary employees

Q: I HAD to undergo surgery mid-way through my probation period as a new hire. When I told my manager that I needed to be off-work for several weeks to recover, and that my return date will not until be after the probation period had expired, my manager said not to bother returning, that I…

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Does your compensation plan pay for all hours worked?

RICHARD Brown and Charles Ridgeway worked for Wal-Mart Stores Inc. as truck drivers in California. Wal-Mart paid them per miles driven and per activity (drivers had to input pay codes for certain activities) rather than hours worked. The drivers sued Wal-Mart in a class action claiming that Wal-Mart’s compensation plan violated California law because drivers…

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What to do when the IRS contacts you

WHAT you need to do when you received a call or notice from the IRS? Below are some tips that you should be aware of: • Revenue Officer (RO) observes fair tax collection practices and taxpayer rights. • You have Right to Representation under Internal Revenue Manual (IRM) 5.1.10.7.2. • You will be advised first…

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Are your paycheck deductions legal?

Q: I HAVE recently joined the work force and received my first paycheck. When I reviewed my paystub, I see all these deductions. What are allowable deductions and what are not? A: A payroll deduction is essentially a subtraction of money from the employee’s paycheck so that the employee receives less than the promised compensation….

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The basics of statute of limitations

BACKGROUND: When is your tax return free from IRS audit? From your point of view, statute of limitations prevents the IRS from collecting a deficiency in tax or beginning a civil or criminal case. Statute of limitations provides a date of finality after which the IRS or the taxpayer can take no further actions. We…

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Bankruptcy: Only you can decide what is best for you

ARE ou urrently verwhelmed with debt problems that you can no longer handle on your own?  Thinking about filing for bankruptcy but are afraid to make a decision? Do you feel stuck and paralyzed in your situation, unable to take any action?  Maybe just thinking about your situation gives you this sick feeling in your stomach that won’t…

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