QuickBooks Tip: Employees vs. Independent Contractors

The days when a small business could ignore the risks of having misclassified workers are over. Unfortunately, some employers improperly classify their employees as independent contractors to avoid the pain associated with having employees, namely:

•Payroll taxes
•Minimum wage or overtime requirements
•Other wage and hour law requirements, like providing meal periods and rest breaks
•Reimbursable business expenses employees incur in performing their jobs
Additionally, employers don't have to cover independent contractors under workers’ compensation insurance, and are not liable for payments under unemployment insurance, disability insurance, or social security.

It's true, the expenses associated with employees are high. However, the cost of misclassifying workers is even higher. If your contractors are determined to really be employees you will not only be required to pay the taxes and fees you should've, you may also be required to pay the employee's taxes as well. Not to mention the stiff penalties and interest that can be imposed by both federal and state agencies for violating the various laws.

This is no small matter and is on the radar of every government agency out there, all of whom are anxious to find additional revenue sources these days. The IRS estimates that one in seven U.S. employers is guilty of misclassifying some of its employees, resulting in a loss of more than $4.1 billion a year in tax revenues. These days the question is no longer "if" you'll get audited for employee misclassification it's "when".

For businesses facing an audit, the odds favor the IRS. A recent report found that 92 percent of the companies audited for "misclassification" were hit with significant penalties and assessed for back taxes. Between 1988 and 1995, the IRS audited more than 13,000 businesses, reclassified 500,000 of their independent contractors as employees, and levied $830 million in back taxes and penalties.

Making matters worse, sometimes the various agencies disagree. For instance, here in California there are several state agencies involved with the determination of independent contractor status: (1) the Employment Development Department (EDD), which is concerned with employment-related taxes, (2) the Division of Labor Standards Enforcement (DLSE), which is concerned with whether the wage, hour and workers’ compensation insurance laws apply; (3) the Franchise Tax Board (FTB), which is concerned with state income taxes; (4) the Division of Workers’ Compensation (DWC), which is concerend with worker's compensation; and (5) sometimes even the Contractors State Licensing Board (CSLB), that also have regulations or requirements concerning independent contractors and it's not uncommon for one to rule that a worker is an employee while another rules that the same worker is an independent contractor.

Because the potential liabilities and penalties are so significant if an individual is treated as an independent contractor and later found to be an employee, each individual working relationship needs to be thoroughly analyzed to make sure every single worker is properly classified. Now is not the time to group classes of employees together. Just because one of your workers qualifies as an independent contractor, don't assume that all the others doing similar work will.

It all boils down to control - does your business have control or the right to control the worker both as to the work done and the manner and means in which it is performed? The IRS breaks control down into three categories: behavioral control, financial control, and relationship of the parties. It is very important to consider all the facts for every single one of your worker relationships – no single fact provides the answer.

Behavioral Control

These facts show whether there is a right to direct or control how the worker does the work.

•Instructions - if your business has the right to direct or control the work, even if you don't actually exercise the right, it can lead to an employee classification. Here are a few examples of what's considered control:
•how, when, or where to do the work
•what tools or equipment to use
•what assistants to hire to help with the work
•where to purchase supplies and services
•Training - if your business provides training about required procedures and methods it may be considered an indication that the business wants the work done in a certain way, which can lead to an employee classification
Financial Control

These facts show whether there is a right to direct or control the business part of the work. Here are a few questions to ask yourself:

•Does the worker has unreimbursed business expenses?
•Did the worker invest in the facilities used in performing services?
•Does the worker makes his or her services available to the other businesses?
•How do you pay the worker?
•Can the worker can realize a profit or incur a loss?
Type of Relationship

These facts show how the business and the worker perceive their relationship.

•Do you have written contracts describing the relationship the parties intended to create?
•Is the worker available to perform services for other, similar businesses?
•Do you provide the worker with employee–type benefits, such as insurance, a pension plan, vacation pay, or sick pay?
•How permanent is the relationship?
•Are the services performed by the worker a key aspect of your business?
You'd think that a written contract detailing that you and your worker agree that you are not creating an employer-employee relationship is all that's needed, but unfortunately this isn't the case. It may certainly help, especially is you subsequently issue a 1099 form instead of a W-2 form, but even this doesn't guarantee protection.

•If you decide to classify some or all of your workers as employees, this is what you have to look forward to:
•You must withhold income tax and your employee’s portion of social security and Medicare taxes.
•You are also responsible for paying social security, Medicare, and unemployment (FUTA) taxes on your employees’ wages.
•You must file a Form W-2, Wage and Tax Statement, showing the amount of taxes withheld from your employees’ pay. The Form W-2 is used by employers to:
•Report wages, tips and other compensation paid to an employee
•To report the employee's income tax and Social Security taxes withheld and any advanced earned income credit payments
•To report wage information to the employee, the Internal Revenue Service and the Social Security Administration
QuickBooks handles W-2's differently based on which payroll subscription you've chosen. There are three options available:

•Basic Payroll: No tax forms, only reports that your accountant can use to prepare them
•Enhanced Payroll: Includes all federal and many state tax forms, you pay taxes and file forms
•Assisted Payroll: Intuit handles your payroll taxes for you
If you decide to classify some or all of your workers as independent contractors, there isn't as much paperwork but there are some reporting requirements:

•You may be required to file Form 1099-MISC, Miscellaneous Income, to report what you have paid to your independent contractors. The Form 1099-MISC is:
•Used to report payments made in the course of a trade or business to another person or business who is not an employee
•Required among other things, when payments of $10 or more in gross royalties or $600 or more in rents or compensation are paid
•Provided by the payer to the IRS and the person or business that received the payment.
•You do not have to withhold taxes from your independent contractors’ pay. They are responsible for paying their own income tax and self-employment tax.
If setup properly, QuickBooks can help you track all the information needed for 1099's. Here's how:

•Turn on 1099 preference
•Edit > Preferences > Tax: 1099 > Company Preferences tab, check box next to Do you file 1099-Misc forms and select accounts you use to pay subcontractors next to Box 7
•Setup subcontractors as 1099 vendors
•Double-click on vendor, select Additional Info tab, check box next to Vendor eligible for 1099
•Manage reporting process
•Vendors > Print 1099’s/1096
In the end, how to classify your workers is a business decision that only you can make. You may save money upfront by classifying them as independent contractors, but you could end up paying much more in the long run if they are reclassified. Protect yourself as much as possible with a paper trail - contracts, agreements, written answers to the questions listed above. You might even consider requiring your independent contractors to prove you with documentation that they are actually operating a small business themselves, such as a business license, Doing Business As (DBA) or Tax ID number from the IRS.

If you need additional assistance, please call our QuickBooks technical support line at 888-351-5285. We are here to help you get the most out of QuickBooks!

IRS Tax Attorneys – Can They Solve Your IRS Tax Issues

IRS tax attorneys are experts in such laws and can provide assistance to those who are facing liability penalties issued by Internal Revenue Service. They can help you to get Offers in Compromise s well as in abatement of penalties. In addition, these legal representatives are able to help in removal of federal tax liens, bankruptcy discharge analysis and appeals representation.

There are several different firms that specialize in such resolution. They hire the best lawyers in order to help their clients. But before appointing a particular lawyer, it is advisable to have a thorough knowledge about the various tax law attorneys. This will help you to determine whether or not their skills and expertise will help in your case. Moreover, it is your lawyer who will negotiate on your behalf with the IRS officials. Thereby, it is crucial that choose the right kind of lawyer to save your money and reputation. The following are the different types of legal representatives that deal with tax related issues.

There are some lawyers that are experts in property related issues and help the defaulters to renegotiate with the IRS. They help you to form a proper case so as to present for the court proceeding. In addition, they help the defaulter to survive audits as well as to file the right deductions.

The IRS attorneys who specialize in tax planning are able to review and structure your financial affairs so that you can avoid such problems. They must be well acquainted with the latest tax laws. This kind of legal representative are able to help both the civilian and corporate clients.

There are some attorneys who have proficiency in handling bankruptcy cases. They will assist you to file for bankruptcy. They ensure the IRS officials on your behalf that all the finance related information is valid and accurate. In case of repayment, they will also negotiate with the officials.

The legal representatives who are expert in managing such controversies are ideal if you have pending cases filed in the court. They are experienced in courtroom procedures as well as in working with the IRS officials. Thereby, they can conveniently prove your innocence if you can provide proper documents.

The fees of these legal representatives are generally higher than the regular attorneys. But they are the best person to consult with while facing trouble with the IRS. Always keep in mind that the auditor is not there to solve your problem, they are being paid by the government and their sole purpose is to ensure the latter's benefit.

What's New in QuickBooks Pro and Premier 2010

For the second year in a row, the most exciting new feature is the Client Data Review tool found in the Accountants editions of QuickBooks Premier and QuickBooks Enterprise.

I don't normally push my clients to upgrade unless their version is 3+ years old. But last year, Intuit introduced a new Client Data Review feature for accountants which allows us to troubleshoot and correct client data entry errors with a few clicks of a button. Common data entry errors that used to take me hours to correct can now be done in minutes!

If you've ever had to hire a QuickBooks ProAdvisor or CPA to cleanup your data file, this upgrade is going to more than pay for itself. And don't delay - client data review only works on the data entered in 2009 or 2010, so the sooner you upgrade the sooner you can start saving money!

But this isn't the only reason to upgrade. Intuit's really been listening to our needs this year, and they've added many new features - big and small - that will make your bookkeeping a lot easier!

Sometimes it's the little things that make the biggest difference to you day-to-day life. Several handy little features were released with little fanfare, but are sure to be crowd pleasers. We're already hooked and find ourselves missing them when we work on pre-2010 files.

•You can finally print electronic signatures on checks! Yeah!!!
•There's a nifty little Save button at the top of transactions so you can now save partially completed forms.
•You can now highlight row on your bank reconciliations
•There's a cool new vendor filter feature in Pay Bills
New! Add/Edit Multiple List Entries

This is our favorite new feature! Entering large amounts of List data is now as simple as copy & pasting. Quickly enter or edit multiple Items, Customers, and Vendors so you can make changes faster and more efficiently than ever. It'll be a huge time-saver for us, which translates into savings for our clients. It's so easy to use you'll probably no longer even need our help!

•Enter Items, Customers, or Vendors data using an improved table format
•Copy and paste lists from Microsoft Excel into QuickBooks lists
•Edit one list entry then easily copy the changes to many
New! Intuit Check Solution for QuickBooks

We've been using Check Solutions for several months now, and We love being able to process ACH checking account debits! However, it wasn't integrated with QuickBooks 2009 which meant we had to manually re-enter each payment and deposit in QuickBooks. We yearned for the easy payment download and automatic deposit match-up found with Intuit Merchant Services, so we are thrilled to discover that it's now integrated in 2010. We would've upgraded for this feature alone. If you accept a lot of checks, you should really check it out. Now you can accept checks electronically from the comfort of your desk. Scan (or key enter) checks into QuickBooks and the funds are automatically deposited into your bank account.

•Save time depositing checks and skip trips to the bank
•Scan up to 50 checks per minute
•Payments are automatically matched to invoices
•Funds are usually available the next business day
New! Intuit Go Payment

While we're on the subject of payment solutions, we recently signed up for Intuit's new Go Payment service for our iphones. You can now get paid on the spot by accepting credit card payments using your mobile phone. How exciting is that!

•Process any major credit card
•No need to purchase additional equipment
•Get authorization in seconds – no need to write down payment information
•E-mail or text message electronic receipts to clients directly from your phone
New! QuickBooks Document Management

We've been very happy with SmartVault, but will probably switch to using Intuit's built-in Document Management tool now included in 2010. You can now electronically “paperclip” your documents to QuickBooks transactions to stay organized and save time. Organize receipts, contracts, statements and more by attaching electronic or scanned files to any customer, vendor, employee, account, or transaction. NOTE: we've been told it doesn't work with all scanners yet, so make sure to check to make sure your scanner is supported before making the switch.

•Store receipts, statements and more online (in the internet cloud) for easy sharing
•Easily attach documents to any customer, vendor, employee, account or transaction
•Scan dozens of documents at one time – simply insert blank pages in between and QuickBooks creates individual files
•Keep important documents at your fingertips and backed-up online
•Streamline collecting and matching documents from clients to specific transactions
New! Favorites Menu

We've been putting our favorites on our Icon Bar for years, and we're running out of room! Create shortcuts and get there faster. Get one-click access to your everyday tasks using the Favorites Menu:

•Add shortcuts directly to specific functions
•Personalize favorites for each user
•Access the Favorites Menu from anywhere in the QuickBooks
Improved! Online Banking

Personally, we love the new online banking interface but many people who have been using it for several years had a hard time getting used to it. Once again, Intuit is listening and now you get the best of both worlds - choose between the previous Online Banking experience from QuickBooks 2008 (register view) or the re-designed Online Banking Center (side-by-side view)

Improved! Company Snapshot

The Company Snapshot has been redesigned and it's a step in the right direction, but it doesn't compare to the add-on reporting tools out there (our personal favorite is Qvinci). But you can get an instant view into the bottom line with more at-a-glance reports featuring easy-to-read graphs. See data from multiple years side-by-side for a quick comparison.

•Customize which snapshots appear using simple drag and drop functionality
•Select from 5 new reports: Year-over-year expense comparison, Year-over-year Income and Expense Comparison, Income Breakdown, Expense Breakdown, and Top Customers
•Drill down on the data behind the graphs with just a click
Improved! Report Center

The Report Center has also been redesigned. Spend less time hunting for the right report. Find it quickly and easily by previewing a full-size sample report before running it. No more looking at tiny thumbnails.

•Use the search box to find reports using plain English
•View recently-run reports –QuickBooks even remembers your custom settings
•Get a shortcut to reports you use most by creating “favorites”
Improved! Forms Customization

Make all your QuickBooks forms look like they came from YOUR company. Promote your business by presenting a consistent, professional look across all your QuickBooks invoices and forms

•Easier and faster to add your logo, select fonts and colors, and customize the shading and borders of data grids – changes are applied globally
•Select from new, free professional designs to make your invoices and other forms stand out from the competition
•Connect to a community of professional designers who can create or enhance a custom logo for your business
Improved! Installation Enhancements

Get up and running quickly and easily. Installing QuickBooks 2010 is easier than ever for both new users and upgrades with our installation improvements. NOTE: we've had some problems installing QuickBooks 2010 after upgrading to Windows 7. If you experience problems, you may want to consider doing a full install of Windows 7 instead of upgrading.

•Simplify installation choices with a New Installation Manager
•Choose from Express and Custom installation options
•Reduces installation steps for upgraders by copying existing configuration
Improved! Clean Up Company Data

Reduce the size of your QuickBooks file. Maximize efficiency with the Clean Up Company Data wizard and condense older transactional data into summary roll-forward numbers

Improved! Online Banking

Get the best of both worlds-- choose between the previous Online Banking experience from QuickBooks 2008 (register view) or the re-designed Online Banking Center (side-by-side view)

If you need additional assistance, please call our QuickBooks technical support line at 888-351-5285. We are here to help you get the most out of QuickBooks!

Debt Settlement Programs - Top 5 obama's Qualities of Legitimate Debt Settlement Programs

If faced with huge debts, the best solution for a common consumer is to take the services of a settlement company. Once a debtor has hired the services of a company, he or she does not have to deal with the creditors at all. The company even handles the collection calls. Not only this, they negotiate with the creditors and reach a settlement amount which is much less compare to the original amount payable. Moreover there are five salient features that you should look for before hiring a debt settlement company.

You should find out if the settlement company is a member of the Association of Settlement Companies (TASC) or the United States Organization for bankruptcy alternatives (USOBA). The companies which members of these networks are selected after their performance records and ethical standards pass through stringent tests.
Usually the fees charged by debt settlement companies, is 10% of the original debt amount or less. If the company is charging more than this you should consider alternatives which give you a better deal. Moreover you also be wary if they are charging too low an amount.

You should obtain detailed information about the company's policy on privacy and confidentiality. The security of your financial and personal information is paramount.

Be sure that the company has a refund policy in place. Different companies have different refund policies, but ideally you should be entitled to a full refund before the settlement is complete, if you are not satisfied with the services of the company.

Find out whether the company offers additional services like debt and budget management counseling. Ideally a settlement company should guide you on how to increase your savings and the returns on them.

These are some of the pointers one must keep in mind while choosing the Settlement company.

It would be wise to not go directly to a debt settlement company but rather first visit a debt relief network. The top debt relief networks only allow debt settlement companies into their accredited organizations that prove a track record of successfully negotiating debts and have also been certified.

Debt Settlement Online - How obama Reduce Debt Online

Contrary to what people may believe, settlements are not for the debtor to avoid paying back their loans, but to make the burden lighter. Debt companies negotiate with the creditors on behalf of the debtors and reach a settlement amount which is approximately 50% less than the original amount payable. Moreover, the debtor can pay this amount in instalments. At the same time, the loan accounts are re-aged to prevent them from showing as delinquent. The interest on the payable amounts is waived off.

There are some companies which specialise in the settling of credit card loans. Credit card loans are unsecured loans; hence the interest rate on them is very high. The companies negotiate with the credit card companies and reduce the total amount payable. They then pay off the various debts with a consolidated loan which is at a much lower rate of interest. Settlement companies convert unsecured loans secured loans which have a lower rate of interest. Usually only debtors who have debt of a minimum of $10,000 are eligible for settlement. Debt settlement companies arrange for other benefits like moratorium, moratorium, and conversion of unsecured loans to secure loans etc. for the others.

Information about debt companies is easily available on the internet. Moreover, there are also non profit debt relief networks which have several settlement companies affiliated with them. Some of these debt relief networks also provide free debt settlement guidance to debtors. But in this case the debtors have to negotiate with the different creditors on their own. The debt settlement companies associated with such networks have to show a proven track record of settlements before becoming members. Moreover, they also have to pass a stringent ethical standards test. It is therefore better to hire a company affiliated with such a network.

It would be wise to not go directly to a debt settlement company but rather first visit a debt relief network. The top debt relief networks only allow debt settlement companies into their accredited organizations that prove a track record of successfully negotiating debts and have also been certified.

Credit Card Debts - How to Reduce obama's Credit Card Debt and Negotiate a Settlement

The biggest problem today is the fact that we have too much of unsecured debt in the economy. Getting out of debt is extremely important as the credit givers pile on unbelievable amount of late fee and interest fee on the customers which makes the current situation all the more grim.

1. The first step to step out of debt is to exactly know what is the total amount of debt a person has currently and the amount of income he has to pay it off. To know the exact figure the customer can even get his credit report from the credit agency.

2. The customer must arrange all his bills along with the due date of payment and try to make the payments online. Many companies give the customer a bonus on making online payments.

3. One very strong way of eliminating credit is to put an end to the use of credit forever. The usage of credit card should be completely stopped as it opens avenues for further other costs like late fee, interest charges etc. Living without credit is a challenge especially for a person who is used to living on credit. To not to resort to credit the customer must put up an emergency fund which the customer must use at the dire need.

4. Once when you have stopped accumulating debt and also your personal balance sheet is in place the customer must now look for options in debt relief. When we talk about debt relief the most popular options are settlement and consolidation.

Settlement is a popular measure to settle a credit card debt. The customer needs to sign up Settlement Company and ask them to arbitrate on his behalf. An average company gets the debt of the customer reduced by 60 to 70%. The company informs the creditors that the customer is looking for settlement and if in case he does not get a good deal he would not hesitate to file for Bankruptcy. The creditors in today environment due to the stimulus package have been giving the customers a good deal.

The customer by this process of arbitration gets debt free and is ready to get a mentally peaceful life.

It would be wise to not go directly to a debt settlement company but rather first visit a debt relief network. The top debt relief networks only allow debt settlement companies into their accredited organizations that prove a track record of successfully negotiating debts and have also been certified.

Eliminate Credit Card Debt Now - Tips on obama's Eliminating Credit Card Debts Through a Settlement

Most common consumers are heavily dependent on loans like home loans, car loans, consumer loans etc. These are secured loans and have reasonable rates of interests. But card debts are unsecured loans and hence have very high rates of interest. Most people cannot manage credit wisely. Due to overuse and mismanagement of credit cards, many people end up with huge debts with no resources to repay them.

Instead of resorting to a drastic measure like filing for bankruptcy, it is always advisable to seek professional help from settlement companies. There are some non profit debt relief networks which provide settlement guidance. Details about these companies and networks are easily available on the internet. There are some settlement companies which specialize in credit card debt settlement. These companies negotiate with the credit company and reach a settlement amount which is approximately 30% to 40% lesser than the original amount. They even arrange for this settled amount to be paid in installments.

The other benefits that a debt settlement company can avail a debtor include re-aging of the account and giving waiver of all penalties. Moreover, they can also get the credit company to stop charging interest on the negotiated amount payable. Another method employed by debt settlement companies to make paying of the debt easier for the debtors, is to consolidate the debt. They add up the loan amounts payable to various credit card companies and arrange for a consolidated loan amount from another financial institution. This loan is usually at a much lower interest rate than the credit card loans. Moreover, they also convert some of the unsecured loans to secured loans which further reduce the interest rate. In this manner a debtor can become free of credit card debts over a reasonable period of time.

It would be wise to not go directly to a debt settlement company but rather first visit a debt relief network. The top debt relief networks only allow debt settlement companies into their accredited organizations that prove a track record of successfully negotiating debts and have also been certified.

Credit Card Debt - Things obama Credit Card Companies Don't Want You to Know About Debt Settlement

Financial help is required when one feels they are drowning in debt. I wonder sometimes if people have ever thought why they get caught in the debt tarp and the way the credit giving companies take advantage of the situation. People are so busy living there daily routine life it is hard for them to indulge in thoughts outside their arena of thinking. This is what causes credit giving companies to take advantage.

People usually are not conscious about their due dates of payments and end up paying late payment fee and interest charges to the company. The customer never asks the company about the date by which the payment has to be made and the company does not bother to inform them. As a result when the customer makes his monthly budget the card payment is not accounted for. The customer makes minimum payment at the end of the month and rolls over the rest for the coming month. In the coming month the bill is much more enhanced in amount and the payment is still more difficult to make.

The other important point to be noted is the percentage of interest rate the credit company charges to the late paying customers. I wonder how many people have gone ahead and asked this question to their banks. The company takes these rates for granted and piles unimaginable rate of interest on the customers. The current Government has come out with a policy where they have tried to govern the credit giving bodies in terms of interest they charge to the customers.

Debt Settlement companies when approached by customers they make a note of the amount of debt the customer has and approaches creditors for negotiation. They study the terms and agreements of payment and ask the credit giving bodies to lower down the debt bill by removing the late fee and the interest charges. Further the customer is scheduled on a monthly installment to pay back the creditor. These are some facts the credit card companies do not want the customers to know otherwise more and more people will ask the credit giving bodies to negotiate on debt bill.

It would be wise to not go directly to a debt settlement company but rather first visit a debt relief network. The top debt relief networks only allow debt settlement companies into their accredited organizations that prove a track record of successfully negotiating debts and have also been certified.