Monday, December 12, 2022

Colorado Springs: How Secure is Your Tax Information With Your Tax Professional?

 


Marcelino:

Good day and welcome to The Tax Answers Advisor with Marcelino Dodge, Enrolled Agent on show number 57. And just enjoying this crazy ride with listeners all over the world which I really appreciate you downloading this podcast. Also, we are going live on Facebook at this time, as well as downloading this to our YouTube page at a later date, as well. So, you'll be able to see us there and find us along with the various discussions that happen. That's already there for you to easily access, I invite you all to join me for a free mutual exploration session at your leisure, you can schedule that just to see if what we're talking about here. Because these securities where we're talking about today, cybersecurity, in particular or anything related to tax just to help you to pay as little tax as possible, which is what always my goal is.

But yet also to keep your information safe, you're invited to contact me at 844-394-4287 or email at success@cashtracksfinancial.com or just visit the website, tons of information available for you there at cashtracksfinancial.com. As I mentioned a little bit today, we're going to be talking about protecting your business and personal tax information from the Cyber Storm. And usually when we hear the word storm, it thinks about a lot of different things. But this is in particular to your personal private information for yourself or your business. And to help me with this discussion today is Alvion Legall, of ABL computers, he just released a new book called Cyber Storm, how to protect your business from a data breach. And the resulting Cyber Storm of fines, lawsuits and customer loss which we hear about these going on. We hear about the major ones from the major companies but they happen to the little guy too, which you don't hear so much about. But that's just like myself.

So, you don't hear much about that. So, it can be very costly for ones like myself. So, we're going to talk about this today as the founder and CEO of ABL computers. AL operates this IT service company focusing on the financial investment firms and medical offices where that line is security is just so important. That's why I'm talking about this because as a tax professional, it's vitally important for me just as much as any others. And in some ways even more so because I'm a little guy, supposedly not having this big IT department. But I got to be able to still protect your data because my computers are online, just like all these other companies are. So, we're focusing on crisis prevention, limiting virus outbreaks, also limiting security issues and want to keep all of these potential problems, we want to keep them to a minimum because that's just the best thing for the business and for you personally.

And I love how AL educates clients on social engineering and social media platforms. This is something that many people don't realize how social media platforms can use your data in predatory way. So, I'm glad to be able to talk about that a little bit as well. So that myself as a business owner, my employees, and even if you're just a student going to school, all of you, and all of these people are actually the first line of defense against disastrous outcomes because that's obvious. That's where a lot of them happen. So, I just want to really just stress it, we're going to discuss these very important topics today. And so, I'm gonna welcome Al, thank you for joining the program today.

 

Alvion:

Thank you, Mr. Dodge for having me once again. So, it was a pleasure being here on your show.

 

Marcelino:

Yes, yes. We really appreciate having you here. Because these are such vital topics to cover, especially security and related to taxes. See, it's interesting. I have a tax program that I talk about where I talk a lot about tax stuff. But really, because IRS requires that I have basically like a cybersecurity policy. And so, because I deal with so much information, I feel it's important to talk about this for my taxpayers and the people that listen to this program because it is important. We're going to discuss that even a little bit more as we go along there and you got some wonderful information but I just wanted to ask you a little bit here. Why did you feel it was so important to write your book here about the cyber store?

 

Alvion:

Well, one of the reasons why I feel so important because a lot of small businesses out there, they don't see it as, as an important, something as an important task to take on, but rather or they figure, it's an impossible task to do. So, it's super expensive. But I wrote the book with a purpose of trying to educate a lot of the business owners out there that these are some small steps that you could take to help protect your client’s information in protect their own information there so that they don't be fall victim to any of these cyber criminals out there, or these bad actors. So that's the whole purpose of the book is just there to educate anyone that's interested in moving forward in a cybersecurity action plan for their company.

 

Marcelino:

Okay. Yes. And certainly, that's what I've been constantly working on as well, I've taken continuing education classes for this just for tax professionals to do that. And so, I've been, and developing a plan I know for myself is this, it's an ongoing process, you start, and you adjust, and you adjust, and you just keep adjusting. And you keep it up to date as best you can. Because it’s a constantly changing there. Now, one of the interesting points I really liked about your book is how we see how on TV or media, how they often show hackers or that little guy in that dark room with that hood on or whatever, doing their little thing. But yeah, as you point out very nicely in your book. That's not the case for hackers.

 

Alvion:

No, no, definitely not hacking, it's not a difficult thing. And it's just a matter of you have people just paying attention to your actions and what you do. And one thing that a lot of hackers use is something called social engineering. So, they take a look at all of the content that you're putting online, what are you liking? What do you, you don't respond to and even marketers do the same thing. So, they start building a profile about you, if you have a tax account, if you have a tax company, then you will show you do advertisement and so forth. So, hackers gather this information, and then they use this information to try to catch you based on what they have learned or what they have gathered about you so far.

 

Marcelino:

Yes, and one of the important points you mentioned about that is, is how and how you'd run that experiment one time in a class where individuals where you tried to hack a cable company?

 

Alvion:

Yes, yes, that one it's is very good. So, I'll just give you a brief synopsis of it. So, what it is, it's just a simple, I ask someone to just get a video or sound of a crying baby. And then we call the cable company. And this lady pretended to be you know that she wants to change the information on the account, get Disney or cartoon channels shows that a kid could watch the channel, watch this channel. So, with them calling and they're hearing the baby crying in the background, they have already created a case of sympathy or empathy with the agent on the phone. And interestingly enough, the agent was a female. So, you have that already in, the scene was already set. And we were able to make changes to the cable come to the account without even us having access to that account, or anything like that. And these are some of the tactics that hackers use something as simple as a baby crying. So, it presented a stressful situation. And then because of that the representative on the phone was able to make the change how we got the Cartoon Network and the Disney Channel and all of these things added to the account. So, these are things that you know what these are what hackers use for free to get into people.

 

Marcelino:

Oftentimes, too, we think about things like security questions in, I'm sorry, passwords where I'm going passwords and pin numbers. And I know on cable companies, sometimes you're supposed to have the pin number to be able to access the account or beyond the account. But as you just explained, it's not that well, it's easier than you think to get into these if you have the certain emotional appeals, which is certainly in your particular case that you described there. That is what happened. Now I also appreciate Yes, we always talk about having a certain password, difficult password of a certain length and certain types of characters in the password or a pin number and they are stressed these areas about not having something that's easy to remember or just all these different suggestions that's made out there. But something I hadn't thought about. But a point that you made very clearly, in your book is about how hackers don't necessarily need to know that stuff anymore. They can get by with some other things as well. So, what can you tell me about this?

 

Alvion:

Yes, yes, they could get by with many other things. So, I'll give you an example. This happened with an accountant. And what this hacker did, it was the last day of tax season. And as any CPA would know, most clients tend to send their documents on the last day, people tend to wait for the very last minute. So, what ended up happening with this person, they got a bunch of emails from clients with documents attached, and so forth. So, the person was going through their emails, and their senior Cash manager, just clicking open and click and opening click and opening, so that monotonous and repetitive action now, they actually, the hacker actually sent an email with a document attached.

And what the hacker did, they typically, just a little side note, typically most applications when you scan a document, it tends to give it a doc.pdf name, that's what by default, doc. whatever it's going to be. So, this file came in, it was actually picked doc.exe. And just because of the, have seen so many doc files coming in, and so forth, they just click, click, click. And sure enough, this was an executable and all the bells and whistles went off, a bunch of things start to happen in the background. And that's how easily people could fall victim as some of these acts, some of these executable files actually sort of pull information from your system without you even knowing that all of this is happening. So, a lot of times, hackers don't necessarily need to get your passwords for some applications, they just need to gather your data and through your data, even through your browser that also will save passwords, they actually could use these things to get into your accounts, and so forth.

 

Marcelino:

Yes, see that email caution that you have there is actually something I've been very careful about for a long time. And even before I was working with you on my computer security, there were some other professionals CPAs that I do some education with, who talked about this type of deal. And you mentioned the security part in that, you know, they have what they call a no click policy in their office, which basically means they don't accept tax documents through email. And for the vast majority of people that's especially anybody that I don't know, that is the policy.

I mean, it's no, you have to upload them none of this email stuff for the very reason that you just described, which is why I even have in my marketing of how seriously I take this, about security and just protecting client data so that situation is avoided. They're so, so right along with this, though, as we discussed this here. So, they don't need to know your security questions. There's different ways they can get in which I'm going to there's a couple other things later on. But a point here that I wanted to ask you about, too, is because you touched on this in your book about, wisely using social media there, why would that be important for a taxpayer to wisely use social media?

 

Alvion:

Well, in social media clicks for example, Facebook, just to use one, one of the major ones out there, people it's just the environmental social media, Facebook, it tends to encourage people to share information about themselves. And there is a saying that a picture's worth 1000 words. And a lot of times people don't pay attention to things in the foreground of their pictures. So, people post pictures of themselves, they're looking at themselves but, in the background, there are other information that could tell you a little bit about yourself. There could be the Hugen Duzz ice cream on the table or the Twix candy bar on the table. All of these little things start to tell so what hackers do, they start gathering these small little breadcrumbs about yourself and start building a profile for you.

So sometimes we have to be very careful. I know Memorial Day weekend is coming up and what hackers tend to do, if they know that you are always traveling on Memorial Day and you take pictures and you go back into your Facebook profile, and they see every Memorial Day, you're in Washington DC at the monuments and so forth. Guess what, then one piece that no, you're where you're not is in your office. So, your office computers may be on Monday, we'll use this information. Say we're going to try to get you during this time. So, there is, um, don't get me wrong, I'm not saying don't post anything, sometimes we have to just be very careful of the content that we're posted. And make sure everything in the picture in the foreground and the background, and everything of the of the photos is what you want to show, and nothing extra because we'll be surprised. What may what you might be sharing with people out there. So, this is something that you have to also pay attention to when it comes to social media posts.

 

Marcelino:

Okay, so what it sounds like, at least from the way you're describing is that any of us could be essentially, like social media stalked by someone and it doesn't know and it won't necessarily mean that something is gonna happen tomorrow. Or next week, we're talking something could be a year, two, three years down the road as soon as they build that profile as you were talking about. So,

 

Alvion:

Yeah, exactly. So, they are built, they will start following you. And they are realized that, hey, you're a CPA. So, chances are April 15 is a busy day or the week of April 15 pretty busy day, extension deadline, October 31, sales tax deadlines, because this is all of these deadlines are public information, you could find it from the IRS website. And once they know that your CPA or you're working with this particular company, or this particular client, they would use these things to find a way into your network and so forth. So once again, it's not a matter of not posting is just be aware of the content that you're posting.

 

Marcelino:

Yeah. See, that's so that makes it seem to me like you need to, at least when you're looking at a tax person or looking at something to do your taxes anymore. It's not just dialing up the phone book, or searching for a month, searching for the someone online. It's like, well, maybe I need to look and see what they have some type of social media page, what are they doing? I mean, like, what are they doing individually? What are they what are they posting, because it seems like it's got to do as much research? just in that manner to find someone to do your taxes as anything, because how careful are they being about their own stuff is going to indicate how careful they're going to be with your stuff? And they said, that's what that makes me think of when you're sitting, you're talking about this.

 

Alvion:

Exactly, exactly. And one of the things especially for CPAs like what I pay attention to if I go to CPAs office, yes, I know the desk is dirty, and the desk fast and dirty, I mean has a lot of paper on it. But if I could look at a desk and see someone's 10,14 there with their social security number that tells me that they're they don't the company doesn't have certain procedures in place, especially if I am sitting across from their desk, and so forth.

So, I do understand the SG sometimes you put papers on your desk, you may be working on a particular crime, but the most important procedure to do is to make sure and put away all of these documents at the end of the day, lock them away, if you're going to digitally save them, digitally save them and digitally and shred them to shred the paper and so forth. But a lot of accounting firms they don't pay attention to, they don't pay attention to that they will see clients with someone else's tax return sitting there because you never know who may take up there who has a full photographic memory or even use your cell phone, something simple as a cell phone just to take a picture of a tax return that's on your desk. So, these are just some steps that you could take to help protect your information your company and also your client’s information.

 

Marcelino:

Yes, yes. Now on a just a sidestep here for just a minute. I'm thinking, as we're going through this makes me think so I get these, I get these periodically, and it's really weird that I get them but at the same time I'm knowing why is that there are companies out there are Russian hackers out there, delimitate major companies like Microsoft. And one of the things I know is that I get these emails occasionally saying your office 365 password has been changed, or your subscription is expiring. Anyway, something that tries to create a sense of urgency that I need to click on the link that's in the email. Because the subject matter always has something that's makes it seem like it's urgent. But yet I just from stopping oh, wait a minute.

Well, one thing is I know, okay, well, I know what my password is. And I know I haven't changed it. But by the same token, Where's this coming from? And then to if they're saying my subscriptions expired, and I'm like, wait a minute, I know when my subscription renews, why am I getting this in September? And I know that don't, it's in a different month that it does it, so. And so, and then when I stopped when I look at Excel, they'll try to imitate Microsoft's logo and everything there. But when but one thing I have learned is to always go and look at okay, what's the email that it's originating? Where's the originating email or the sending from email address? Then it's like, what? In some way? In some cases, it's like completely different. In other cases, it tries to be just close enough. So, have you seen some items like that happen?

 

Alvion:

Yes, yes, those are things that we that I see and come across a lot. And one of the things that we have systems that we put in place to help in cases of that, like, for example, just like to say this, you know, cybersecurity goes beyond just a firewall and an endpoint protection, it involves five, cybersecurity just involves people, processes and technology, you know, the processes are simple thing that you will implement into your, into your entire practice, what you will do, and so forth. The technology is where you put in your firewall, or you have the risk and compliance thing, those are typically things that is given to you by the federal government, you understand, some state or federal organization. But the last part of cybersecurity is people. And I know earlier, you said that you don't click on emails and so forth, you don't click on links.

And you, you made a very good example, that you saw the email and you stop for a second, and you thought about that email, you said, I know my subscription is not expired, I know I did not change my password. And with cybersecurity, when it comes to the people, it is good. It is great that you stop for a second and just think, just think about it. Because it's not to say your entire company is on fire. And it needs to be dealt with right now. But you stop for a second and think. But what do you do when you're you have an entire organization of multiple employees, not everyone will take those necessary precautions? So that's where companies like mine come in, where we put things in place to help those fast clickers, we call them.

And we it's all about cybersecurity training. We give them security training, what we do, you mentioned office 365, what we do with your office 365 subscription, we brand it to your company. So, when you click on the link, it actually takes you to your everything will look like your company. So that's one of the things that we specifically do, it doesn't look like the traditional Microsoft signing what everyone will typically see. But one of the things we do we specifically branded and we let our clients know, when you see this, you know you're in the right place. If you don't see this, you're in the wrong place. And these are things for the fast, for those fast clickers, and so forth.

But another thing is some of those emails that come through, if you don't have a security, an email security system in place, that scan in your emails that it's coming from, is it's called those types of attacks are called fishing attacks, that you need to have a security system in place that detects fishing attacks, and so forth. And not all system 100% but yet still, aside from everything else, you have to have the security training, you have to do some sort of rebranding with your office 365 accounts and so forth. And last but not least, if you cannot take a second and think about it, there is always an IT person you could call what we try to tell our clients is, give us a call. Just give us a call. If you have any doubts, give us a call. Because what we try to do is manage all of these things for you. So, if your subscription has expired, you don't worry about it, we take care of your subscription, and everything for you. So, these are things that we try to put in place and encourage our clients to do so that we take a lot of the responsibility away from you so that we can help protect you in terms of your network and your infrastructure and your data.

 

Marcelino:

More that's great, fantastic, because that's similar to what I do, when I have a client come in and say they need help with attacks or payroll issue. And I know you experienced this sometimes, but I experience some times where they just don't want to let go of some of that control. But I tell them, if you do, when you do this, at least in my particular, I know you do this, you don't have to worry about whether the payroll taxes are paid, you won't have to worry about if your tax returns getting done these things you won't have to worry about and you won't have to worry about your bank statements getting balanced, which some people that I start with, haven't been balanced in three years.

And so, I look at it like from what you're describing there the importance of having a professional in your corner that can manage these things for you, just as I do what I do, having a professional like you doing what you do to take care of some of these background things it makes, makes these computers feel a whole lot more secure. I know just in the time I've been working through the last couple years, I tell you what, I felt a whole much, whole lot better about my systems.

 

Alvion:

That's great.

 

Marcelino:

They're so and it's makes me feel real confident talking to taxpayers and saying, Yeah, you're doing what we can't protect your data. Because it's just the right thing to do, really is. But yet, as I mentioned here earlier, one of the things I wanted to really stress or get to, is talk about as a taxpayer, when they're doing their tax return, because when one of the complaints I get, because you're always gonna have shoppers, just you have shoppers and everything. And I get the shoppers calling how much you charge for tax, and they go well, that's expensive.

 And I'm like, well, I give them a small explanation of this is why not just the professionalism that we exercise, but the fact that we protect your data to some people, they don't care, which that's their choice. But by then the other token is that those that do care, they actually appreciate it. And I've been telling all my clients, you know, you're not just paying this, you're paying to cover to protect your data as well. And it's amazing the number of people when you explain that to them, they really do appreciate the fact that you take such stringent security measures there. And so, what I want to think about is or get your thought on is, why would it be very important for a taxpayer to consider not just price, but consider is this tax person that's going to do my tax return? How are they going to protect my data? Why is that? Why would you think that's so important?

 

Alvion:

Well, why I think is important, it's that in your as a tax professional, I'm sure a lot of your clients come through word of mouth, or through a family member, and so forth. And these individuals, they talk, they talk amongst each other, they will tell each other Oh, my accountant is really great. He's this type of person, he does this for me, he does a wonderful job. You have a raving fan. But now, let's say one day, this person has a breach. Your accountant has a breach. And now this person is seeing this individual is seeing, hey, another credit card was opened in my name, I didn't open up a credit card. So then now they're asked to go they will talk to their friends that they raved about. And then they'll say, you know, hey, I had the same thing happened to me too. And they talked to another, I had the same thing happened to you too and then no say how it happened to you.

Now when you're going to look at it now, they will sit down and realize the only person all three or five of us have in common is the accountant. And this is why it's very, very important and most times when our accounting firm gets a data breach, they typically lose all of the clients. Now, as a as a tax preparer, it is I know you all are required to get to become certified. And you all have to do training each year to be able to prepare people's taxes because tax laws constantly changes. It's the same with the cybersecurity, in the cybersecurity technology world, the landscape is constantly changing.

And it is very important for you, as a taxpayer, and your colleagues to focus on what you do best and have someone else focus on the threat landscape that is also equally changing. I will say the threat landscape for technology rapidly change even more than tax laws already change. So, it is very important. When you reinforce that with your clients to say, hey, we are taking all these steps, we have to get trained, we have to get certified to continue doing the best job we can to make sure you as the client don't get an audit from IRS or don't have to pay penalties. And we're trying to save you the most money as possible. In order for me to do that I have to also take the responsibility to protect your data. And I'm not a technology expert. And I have to pass that off to someone else. So, it's very important. So that is why you should, it's very important people should actually look into this.

 

Marcelino:

Yes. Now, once again, as we look at the taxpayer, we think about the person trying to come in the office here and ask questions. What do you think questions that a taxpayer that's looking to at a tax professional? What kind of questions should they ask this tax professional about firm security?

 

Alvion:

Well, one of a good question to ask is if they have cybersecurity, liability insurance. And that is something that is very important, because in the event that a tax company gets breached, you need to, that company needs to pay for credit monitoring for that individual. And making sure not to get anything rectified. And insurance is the way to go. Because to do this is a very expensive thing. And the way it works is if you may only be working with 100 clients this year or 200 clients this year, 300 clients, but when you have a data breach, they look back at all the data that is exposed to the breach. So, if you have been in business for 10 years, and you have 10 years’ worth of data there, that's 10 years added up of all these clients, you have to pay for cybersecurity insurance for but of cybersecurity, credit monitoring, apologize credit monitoring for what these individuals so that's a very good question to ask. And the reason being why that's a good question. Cybersecurity liability insurance is not something that you could get dressed like that the because of the threat landscape has changed so significantly. Insurance companies are requiring you to make certain that you have certain things in place before they're willing to give you insurance for it. It's kind of like insurance policy. They want you to go get a health check. They want to make sure you're not based jumping or skydiving and all these different things so that before they can approve a policy for you so when it comes to cybersecurity liability insurance companies are requiring you to have certain things in place before they could actually give you give you a coverage. I once that once I think that's the key question at any tax crime could ask the preparer if they have. And that's going to kind of give them some form of umbrella coverage for everything. And,

 

Marcelino:

I like how you brought out about the cybersecurity insurance because I was at a trade show a few years ago. And one of the companies, it was an insurance company there that was talking about this very matter. It's been a few years back, but they were talking about, and I was just visiting with them. Because I mean, we always check out different things. But I was visiting with them. And then one of the guys just flat out asked, do you have cybersecurity insurance on your business policy, and I had to stop and think there and go. You know, I really do not know that I know, I got my building covered. I know I got my liability covered. I know I have my business property covered.

Do I have I mean; I had to really stop and think about that. And so, I kept in touch with them. And eventually I went ahead and I let my current policy expire. And then I went ahead and signed up with them and really got the looking X, I actually called my existing company and asked them about that. And they had really no clue what I was talking about. It was like a new thought for them. This must have been like 2014, I'm trying to think it must have been there, must have been when it was around 2014. I think it was last time anyway, that's what really got me thinking about this was always kind of, well, I have the insurance but and I've been going I stayed with this company for since and I'm with same company.

But then till I got to talking to you about X, I always kept the basic things the internet security anyway, program on computers all saved everything. And then but I just but then I just got the thinking. And I was like man, and I got to visit with you. And I was like, and then as things kept going, I was like, man, things are just, I just don't think I'm doing enough. And as I've continued to learn more about this, it's like, Man, this is very serious. I don't want to be one of those statistics out there, have an individual who has been breached. So, it's very important. Yes. So, as I talked to individuals, I talked to him about security. I mean, it's so important to me about it, I talked about it. In advertising, I talked about it when I talked on this program, because it's so important if you're when you're looking at a tax professional to have that as part of the introductory conversation there. So just to add some of this is just kind of re-emphasizing, a lot of different things that we've talked about today already. So just to kind of really hit the point home here, though. So, what steps once again, do you think that a tax professional should be taking to protect the client data just to make this is just so important?

 

Alvion:

Well, there are many, there are many, many steps that they could take, but I cannot go through them all. I think it all starts with, let's see what you have in place. Because there are multiple, multiple scenarios or multiple solutions, because we have to look at where the data is located, who did, who is withholding the data, all of these things. And there are different procedures that you have to go through for that. So, something like that this is where you have to, I would suggest you call someone like my company, computers just to get a security assessment.

And these are things I redo for our clients or prospects or anyone that's interested, we do that for free. And we're able to develop a cybersecurity action plan for companies and so forth. But if there is one, one thing I will not say this is a silver bullet, that's going to be the one and done on your protected, I will say the most important thing its backup. That's the most, I will say, if I have to call one item, I will say backup your data because in the event that there is a breach, yes, they are taking your data but most times they encrypt your data, what if you have a good backup that has been tested and you know it's working and it does continue or backup even while you're working during the day. That is something else say to go so that you could restore to any point of the day and so forth. So, you don't lose an entire day of data or anything. So, if it's one thing I have to pick, our pick that as if it is not the silver bullet that's going to protect you. You're one and you're done or anything like that.

 

Marcelino:

Oh, yeah. So many layers. Well, I just know just from what I work with here, that we've been talking mainly cybersecurity, but even within the office, you mentioned a little bit earlier, but even about the physical security, because I remember, a few years back, I just didn't think anything of it. But I would leave, I had a table that I will just put finished tax returns on. Didn't even think about it. And then the additional information started coming out. And it was funny, because I thought I was sitting here thinking, a few years back, you know, I had these file cabinets, and I got four of them in my office, these metaphor caps, I said, no, I probably won't be using those again. Well, it turns out that I'm using them rather consistently. Now, I, they didn't have locks on them. But I found a little system where I could put a lock on them and lock them up and have the client information, the physical information secure. So that's the physical security side. So, I got that down. And then as I continued to progress and learn more, I take additional steps of adding in additional cybersecurity steps and driving. I mean, there's so many passwords to get on to everything. But that's what you need. Right? Yeah.

 

Alvion:

One thing I'll just like to say just quickly about passwords is a recommend to anyone to get a password manager, if you're typing the password now, from your head, the password is not strong enough, I will tell you that right away, that's a rule of thumb. If you're typing a password from your head, the password is not strong enough. And I will recommend you get a password manager, what a password manager will do for you, it will help you it will generate passwords for you. Sometimes 20 to 36 characters long, as much as they allow it, the application allows you to put but now the password when you look at it, it's not something you can recognize most of the times the first 15 characters is some special character, and so forth. But the point of it of the matter is that they, what hackers have realized is that even today, I read an article where Microsoft is asking us to turn off the 90 days, Password Reset settings on there, an application password expires in 90 days.

Because what happens is that it leads people to let's say, if your password is tax 1040, and in 90 days, which are tax 1041. Not in tech stacks, 1042 on your keep going on. So, people tend to do these things, and so forth, just changing one number. But once again, the most important thing when it comes to passwords are to just get a password manager select us extra super strong password just to get into that application. And that application is going to generate all the passwords for you for all of your other tools. And with that application do turn on two factor authentication on that application. So, whenever you sign in, it requires a second code for you to access these are things that we do provide all of our clients because we realize the level of security that it required for them just to protect themselves, because we're trying to deal with the people side of the cybersecurity paradigm.

 

Marcelino:

Yes, definitely there I understand that because most of my applications, yeah, have that two-factor authentication, as a part of them, be it going to like an authentication app of some sort, or a texted code to your phone because at least the thought is that they may get the password, but they're not necessarily going to have access to that second code. So, I do know sometimes it's one thing I did happen to notice on one of my when I changed my cell phone over, I noticed I had, did have to go into one of my applications and say this phone is no longer valid for that code. So, I did catch that because they because it'll send it to both phone numbers because it'll but the code, I had to tell it that this one's no longer valid.

So, and something else I do need I do find always interesting. Last couple years this has really been happening a lot during tax season that I caution tax professionals and even tax payers on are that sometimes these hackers will send you a message saying oh I'd like you to do my taxes. And everybody goes through a rigorous was process here because of it. And I always find out who's legit and who's not. Because they'll always send, they'll say, okay, and do my taxes. I say, okay, okay, I'll respond. But this is what we require. And I give them all the little requirements, which is standard procedure anyway. And then what they do is that they'll turn around and they'll say, Well, here's the response. Instead of doing what I told them to do, they'll say, here’s my basic information, click on this link.

And I haven't got one this last year that it, it looked, I mean, that it looked pretty legit. I mean, it had a nice little signature on it, even had the guy's picture and everything like he was serious. But yet, I said, Okay, this is what you need to do. I never heard from him again. I even made it possible for me because I because I said, Okay, here's your email, here's my basic information, I can put it into my client management program and just say, Okay, here's the introductory email, here's your name, open up your account here and put your documents here. Nope, never heard from again. And I'm like, well, he wasn't serious at all. He was just fishing, as you say, trying to see what he could get you to do. And I've had and I've gotten, I've gotten these types of emails, it's been the last couple years, these have been showing up, coming in. And so that's where I know, I need to be professional, which is why when I have new employees or whatever come in, I stress about this, there's no click.

In fact, with them, I tell them, you can't click on anything in an email that comes in, especially any attachments that come in, don't be clicking on anything, because this is why. And actually, most of the people I've worked with, I've had the fortunate to work with, they've been like, okay, yeah, that makes sense. So, I was explaining the seriousness of it to them. And I explained the seriousness to my clients, because it is so vital that they just do this and be very, very careful about it there because it is people's information. There it is people's lives, essentially, that I'm working with here. And I have established a level of trust, which I, which I'm always amazed, I just do my best to help people. But it's amazing how just working with people being kind to them. And just being professional, just you build that that level in there. And then how easily through something like this that can just go poof,

 

Alvion:

Right. And what if I, as you talked about emails, what I will say what I've noticed as common across the industry is a lot of accountants and CPAs, have an AOL or Gmail, or Yahoo email address. And I think that it's a huge disservice that they're doing to their clients. Because just as how the hackers will know that you have your tax accountant or tax professional, they and they find out that you have a Gmail or something like that, they can easily find out who your clients are, not through you, but maybe even through one of your clients saying that, hey, you know, Mr. Dodge, he's a great accountant, and so forth, he does really good job for me and so forth, posting these things online.

Now, but if you have a Hotmail, Gmail or one of these free accounts, what tends to happen and what I've seen a lot, it's that hackers will tend to create an email address that's similar to yours. If your email address has like an I or L, they will try to use uppercase of the version like an uppercase I is looks like a lowercase L in some cases. And when they send these emails, they could send an email to your client saying, hey, I happen to mistake your account number. Can you just send it over to me? And if I would, yes. Okay. This is Mr. Dodge; I'm reply to that email. So, what I tried to let them know is to stop using these free email account because your clients could easily fall victim to that. And as I mentioned before, about processes, some of the things that you could tell your crime is that one, we will never ask you for your bank account number of emails, we will never ask you these information, we will pick up our phone and call you and ask you over the phone for this information. We will never ask you an email for your social security number, or anything like that. So, these are things that companies could implement, and especially with emails, that's the easiest way anyone could get into a company because most threat comes through emails.

 

Marcelino:

Yes. Yeah. Well, that's why I guess that's why for years I've used one of the URLs that I used for business, for the email just for that I hadn't thought about that before. But I said I always thought of as a more I have a branding thing myself. I didn't attach it to a security thing. But it does make sense that it'd be more secure. Because you look at, in my case, Lamartaxes.com. That's like, you know, that's coming directly from him. Because that's he owns that he wrote. Exactly, he runs that. So, but yeah, and but I agree with you a lot of the emails, I've seen from CPAs and other people that do taxes are not what I call a branded email.

They're a free email. And I can see very well how that could be problematic for. And the crazy part about it is and just what I've used in my little technology that I've learned is that it's not that expensive to even set up the email related to your website, because it will all have a website, tax whatever service.com. It's like, why don't you just use that for your email? And it's, it's very low, it's very cost effective. And obviously, from what I can see now, it's even important for security purposes as well. So that'd be another thing that I guess that'd be another reason to question who you're using for taxes? What email address do they are they using? Are they using a free one trial? I'll admit I have a free one. But that's personal, that kept separate from business, so.

 

 Alvion:

But I wanted to check if I may interject here. Sorry about that. But you mentioned branding. And, you know, I'll speak as a client here for now, if I am paying you to do my taxes, why do you have a free email? Why can't you get an email that you could pay for? What are you doing with my money that you're telling me to pay for this service? So, these are, as you mentioned, Branding, that is really key. But it's you know, since I'm a cybersecurity expert, I will tie it back to cybersecurity. It is a security breach there if you're using one of these free email services that you can get your that they have out there.

 

Marcelino:

Yes. So yeah, so that's another caution for use of taxpayer is, what kind of email is your tax person using, or especially if you're allowing your friend to do it, that's another issue, because that's I, you know, imagine how many unsecure that is, as well as how many of those that you got to fix and then even other mistakes that are often made with those, but that's a whole another discussion there. So anyway, just but just think about, if you don't put it like this, at least from my standpoint, is that if you're not going to do your own tax return, you need to have someone who does it who has not only the knowledge of the taxes, but the security precautions in place, both physical, and software and cybersecurity wise, that way your information is protected. And don't be afraid to pay for that kind of protection, because it can end up saving you a lot of hassle. Because we haven't even talked about identity theft. We don't have time to talk about that. But it's just the importance of it that we got to keep in mind there. So where can we even talk about all this, but where can ones if they been very interested here coming about the Cyber Storm or they can work? Can they go find your book there out?

 

Alvion:

Well, our book is found, it's on Amazon, just search for Cyber Storm. And just so that everyone knows all proceeds from the book sale goes to the St. Jude's Children's Hospital. So, none of that is coming to me. However, I have collaborated with some colleagues to put this book together. And you see, all you could visit ablcomputers.com/cyber-storm/, and you could find the, it'll take you directly to a landing page. Now, if you are interested on that page, if you're interested in getting the free cybersecurity assessment for your firm, you can reach me, you could also fill out that form there. Or you could just go to ablcomputers.com.

You will find me or you can reach me at 718-848-8102. There you could just reach out to me there, telling me you saw me on Cash Tracks Financial on YouTube and we'll give you all of these things for free security assessment. Once again, there's no obligation to buy this is just a free service we're given to CPA's, accountants, or any type of businesses we could come and take a look or we could do something over the phone, over zoom and just take a look at your infrastructure and we could put you on a path to becoming a good cyber citizen out there.

 

Marcelino:

Okay, great. Thank you, AL, really appreciate your joining us today on The Tax Answers Advisor it's been very educational for myself and for the listeners hear about the importance, the importance of protecting your data and the importance of having the right tax professional, do your data and protects your data. So, ask them those questions don't be afraid to ask them how did how are you protecting my data? Which at least anymore to me, it's just as important as how well do you do the taxes? That's so let's keep those points in mind.

So, if you have any questions about today or want to talk about any of the services from Cash Tracks Financial, always call me it's 844-394-4278 or visit cashtracksfinancial.com. And then of course the email which is success@cashtracksfinancial.com. I always invite you to perhaps even give me a call for a free mutual exploration session just to see if any of the services that we offer here where we do very strongly protect your data, at Cash Tracks Financial, again I thank you so much for listening today to The Tax Answers Advisor on The Voice America Business Channel.


Friday, December 2, 2022

Colorado Springs: Am I Planning for Success or Disaster? Business Start-Up and Taxes

Welcome to The Tax Answers Advisor with Marcelino Dodge, Enrolled Agent, covering what everyone talks about at the dinner table, your Federal Income Tax. On this show today, we will discuss about starting a business. Are you planning for success, or for disaster? Among the questions that we will answered during the show is the type of entity should I be. 

Now if you're considering starting a business and you know in these situation that we're in. It may be questionable to be starting a business, but there are several entrepreneurs out there who have a great idea that even under circumstances that we’re in, you can start a business, and perhaps do very well. Take a look at the markets, see what's happening. You have an idea, a lot of ideas have come out of that successful businesses have come out of situations, bad situations like this and people turn them into a successful business.

 So, you have an idea, you want to start a new business. Well, who do you go to talk to if you want to start a new business? If you want to start a new business, you have an idea. While many people what I have found is they will go and talk to their banker. They’ll possibly go talk to a lawyer. But yet, they often times do not go visit their Accountant or person that does their taxes, which, at least in my opinion, as a professional. If you’re thinking of starting a business. That is the first person you should go speak to, about starting a business.

And there's a number of reasons why that I feel this way, and the biggest reason I feel is because of the potential tax situation or tax areas that you need to be aware of even in creating a business and that's vital to know before you go actually talk to the Attorney or you go talk to a Banker. So, the tax professional like me is a good person to start with, because as a tax professional. One who deals with the numbers and businesses all the time. We can have a discovery session.

To really look at your business idea very closely and see, is a good idea? How we can validate this idea? Is this a program that I want to move forward? Am I making the right choice in looking to start this business? That's some of the areas we can look at with you and helping you to establish goals. Start off with perhaps a model skills. Where do you want to accomplish in the first few months of the business? What do you want to accomplish maybe in six months, in a year and so on?

So to establish those goals helps you to know where your business is going to go or at least give you a direction. And then a success plan would be essential. How am I going to reach this goals now? How to identify the elements of success in the type of business. Now, especially in the type of business whatever type of business you’re looking to start. Hopefully, it’s something that you already know well like, for example, if you been in tree trimming for somebody, and you want to go out and start your own tree trimming business.

Obviously you have the background, you have the training to do that so that's something you can possibly do and do well. And I know some people who go and do this business well because they had the training. Yet even in knowing how to do the actual tree trimming itself with this essential to the business. But then when you go out to start your business and there’s the back and information that is this vital for you be able to do and that's why it's important to talk to myself like a tax professional so that you can have that information ready to go.

Now, once you get your discovery session, get some ideas going, where gonna go? You're going to do and then work on setting up a business plan. Find out these are the steps that I need to take for success. A good question then to consider is what type of entity is my business going to be? Well, we're gonna discuss a little bit each of these a little bit more but one thing I’m going to say here initially is the fact that it's like the beginning suggestion. Everybody says to go and make is go, be an LLC.

That's like what many banks say, many Attorneys say, just go for you in LLC and start your business. Well, from a legal standpoint, I'm not giving any legal advice or anything that, that could be a good idea. But without fully understanding the tax consequences or the tax realities just by going and doing that. We don't know if it's a good idea or not, from a tax standpoint. So from tax standpoint, it's important to know what kind of structure you're going to do because what's going to give me the most protection, to give you the most benefits, and until you have goals established.

We don’t know what entity is going to be the best. So it can range anywhere of what kind of business is going to be best for you or business system is going to be best for you. Is going to be based on your goals, what's going to be better for you to start off with? Is being a sole proprietor perhaps good for you or maybe some type of LLC. If there's more than one person involved, if you have two or more people, should we do it as a Partnership? Some type of Corporation?

That’s when you bring everybody together and really sit down and establish some goals that will help you to be able to start your business and make the correct decisions from the beginning, by having those goals established. Now when it comes to establishing a company, there's entity information which, like if a corporation or an LLC or some type of entity is needed. Like that it's important to get not just rely on me as perhaps the Accountant or Tax Professional but you may need an Attorney.

To help you in setting up those legal situations with your State because a Secretary of State's in each state usually has some type of filing that you need to do and there's articles of incorporation for corporations and there’s other documents required for an LLC. Usually I recommend that you work with an Attorney because they’re though, that is the practice of law. That’s what I recommend. And so that’s why I recommend do that part and so we can now work together with an attorney because in that area.

And as far as there's tax registrations, we can help ones to obtain depending on your state, through your State Department Revenue. Those matters can be handled and of course the IRS numbers, if you’re starting an entity or an LLC usually you need some type of Federal Employer ID number to go with those.

And certainly we work with helping ones attain that. Then of course once you have the federal license number and you have other information required by whatever is required by your particular state.

Because forming an entity is also basically done at the state level. Then you’re going to open up your bank accounts, and then there's so many other areas that we go into help ones to do when you start a business. That is important to cover each of these steps very importantly. Then once you get the business going or once you get through the setup process. Then you also have various accounting.

You have payment system that you need to set up which is what we work to help ones to set up, and these are vital to set up good from the start. Because what happens a lot of times with ones, I’ll go and start a business and I’ll go sign up for some software online, or maybe go to a store and buy it right off the shelf and of course most of its online through subscriptions now. Is that I’ll go and buy the software and we’re in the follow the steps through software to set it up.

But yet getting that set up correctly from the beginning is just absolutely vital. So what we need to keep in mind is that just because software says it's, “Do it yourself and it helps you to run your business”. It's not as easy as it looks because I've seen a lot of reports come in from various software's that, basically, it wasn't set up correctly. And the people, that individuals that set up their business you know they do a great job.

People do a good job with what they do and they make their best effort in fixing up the software, but yet it’s really at least I really recommend having a professional of some sort, like myself, help you to set up that software, and then help the user professional, which what I can do is help you to not only set it up, we can help monitor it, so that your profits are monitored on a daily basis. So we can see okay this is what, this is the money coming in, this is money going out.

This is who we owe this week, this is who we need to pay, and so on. On that way you know you have a profit and loss going, and it's accurate. Oftentimes, you also need in the business, not just the profit and loss statement. You need to balance sheet which is needed for your banks. And because oftentimes ones have difficulty setting up their software initially, there’s various numbers in there that are off. And because most people, they do a great job but they don't necessarily understand how an accounting program works.

And that's, this kind of what it is. It's not good or bad, it’s just what I encountered in the business. And so because of that, it's good to have someone help you set up these processes and then help to monitor this processes, this is that way. As I mentioned in the title for the show, “Planning for success or disaster?” You avoid the disaster part of that, by having your accounting system set up very, very correctly, from the beginning of your business.

And so what we're going to do in the next segment here, we're going to go ahead and discuss more individual entity types, and advantages, disadvantages, tax consequences of each. And why again it's so important to decide ahead of time, what kind of entity am I going to be when I start my business. That way, you maximize the potential for your success, maximize potential for your profits in putting together a plan, setting some goals.

Now as a step back now, is from some information you can already considered now that we've established the goals and an action plan. We need to discuss the type of entity for your business to be, perhaps, for your business or starting it may be starting out, it may be best to be a sole proprietorship. Now, also if you’re an individual to all just starting a business. And is you can also be a single person LLC which most people just don't understand or don’t initially know that when you do a single person LLC, by definition, or by default with the IRS that entity is still taxed as a sole proprietorship from the IRS standpoint, which basically means you file an Schedule C. Now, so we're gonna interchange those here a sole proprietorship and single personnel LLC because they are taxed the same which basically from the IRS standpoint that is the individual or that is the person. Now oftentimes when I deal with people who worked and sole proprietorships, or single person LLCs a business.

Usually happens but, usually on a sole proprietorship, and that is the fact that personal funds and business funds are often co-mingled, which means that people sometimes will use their business checking account to pay personal bills with which on a sole proprietorship essentially because it's all the same, it's not really that big of an issue now. But what it does creates though, it creates a little challenge or actually a big challenge in trying to determine how much profit is the business or sole proprietorship making.

Which is why I often tell people, even on a sole proprietorship or single person LLC, it is absolutely essential that, 1. You have a separate bank account for that business. And you treat that account as a business account. Not as your personal savings account, not as personal checking account. Now you can take draws out of that account like an owner’s draw is which is something I do recommend and some, some of my clients do that.

They'll take like $500 or $1,000 a week transfer that from that account over their business account because that’s like a draw of a sole proprietorship, which essentially that's okay and that makes that easy for accounting purposes, for tax purposes and everything. That way, you can easily keep that part separated, and then have everything else that's in that account as a business expense. So that it’s once again easy to track and in a sole proprietorship or single personnel LLC.

The owner or sole proprietor or the member manager of that single personnel LLC. They are not allowed to be an employee. That is one of the biggest mistakes I have seen with these types of businesses, is that somebody set them up and let that owner be a schedule an employee of the business and when you're the owner of that IRS regulations say in a sole proprietorship, no you’re not an employee of the business. You are the business essentially. So you can have employees and sole proprietorships.

I do several of them, I work with them, and it's deducted as wages on the tax return for the sole proprietorship, but the owner is not. Now we keep in mind that once the tax return is started or the schedule C which is what it is on the tax return we go through to complete that. We keep accurate books through the year for the business to help them to know their profit and losses as well as to help the owner to appreciate that they may need to pay quarterly taxes.

And some do need to do that based on what their profit and loss says that each quarter, which is usually April 15th, June 15th, September 15th and then January 15th of the following year. So they pay those quarterly taxes because the employers as while the sole proprietor pay self-employment tax, which that is both some of what an employee would normally pay and then an employer would normally match, which is one amount that the owner pays.

Now that actual amount they pay, or the net profit because that's what they pay it on is the net profit of the business after expenses. May or may not close to what they took and draws but the draws don’t necessarily take into account expenses that are often calculated at a later date, such as depreciation for large equipment or other items in the business. Sometimes interest like, they’ve got a business loan isn’t calculated right away it just, it's just very careful. It’s something that a person may need to do.

I’m doing oftentimes that’s where many businesses started as a sole proprietorship or single personnel LLC and that may be what they say and that could end up working good for the person operating the business. I mean I know several people here and I help several people have been sole proprietor for years and it’s worked for them. They’ve get their taxes paid and they operate and they're successful. Could be good for each individual.

We can't say one size fits all, but each individual may be. He’s being a sole proprietorship is the right choice. Now, as we’re going and we talk to individuals wells and establish their goals. Maybe in some cases, a Corporation. That would be either C Corporation or an S Corporation that they may want to estate. Now depending on what they're going to do what their goals are. How many people are coming together to form this business. Maybe they’ll want to form a C Corporation, or an S Corporation.

Many people in small business and in the areas that I worked with, are maybe one or two owners that start up like a CCorporation for example, which is as we look at C Corporation initially. That's an entity of course all to itself. The C corporation pays its own tax. But one of the disadvantages of the C Corporation is that it's also known for double taxation. And see there can be single shareholders or can be multiple shareholders in a C Corporation but nothing flows through to them. It's all paid at the corporate level.

Now, the profits that are made for the year that the C Corp can pay taxes on are can be distributed to the shareholders in the form of dividends. And then see this is where the double taxation comes in is that the C Corp paid which the flat rate for C Corporations is 21% under current law. And that's always basis show on is what current Law, lock is at the time that the show is being done. So they could pay the tax on those profits 21% at the corporate level.

Then they distribute out those to as share as dividends to the shareholders. Then, the shareholders pay tax on those dividends. That's where the double taxation comes in. Oftentimes, we see these are small corporations in their small privately owned corporations which somehow I work with. There's an owner and oftentimes that owner which can be a single shareholder or maybe two or three shareholders of that C Corporation.

They're oftentimes employees of the corporation. Which is allowed because you have a separate entity there, that the employer, which the employee which the owner is an employee of the business. And the nice part about being a C Corp is that there’s many tax benefits that the corporation can pay for the owner. Like, it can buy the owner’s, the Corporate to health insurance for the individual shareholder. Of course there's retirement. You can have retirement plans within the corporation as well.

All of these are subject of other expenses which reduce to Corporation Operation profits. It’s the amount of tax that they pay. And so they’re saying, there's several other areas that are many benefits that a sequel can have. But they just have that one little deal of a double taxation there, but it allows you to people doing. I have some clients, is you can turn around and do very successfully, do very legitimately and very legally, is you can have a building for example that you own as an individual.

And then you can take that building, and at whatever market value is for the area that you're in, you can then turn around and lease that building to your Corporation. But it's vital for that to come across as legitimate as that you have an actual lease agreement that has minutes from a corporate meeting that shows that you’re entering into this agreement between my company ink and me that we're going to deal with this amount per month basis.

And it needs to be at market value of now as a shareholder, that's getting that rent that’s running into your business. It's really nice that you have income coming into you from business that you don't pay Social Security tax on, Medicare tax on. You do pay income tax on it. But yet, you also still get deductions, you get deductions like property tax, you get deduction sections like depreciation on the building, and other items that you perhaps you're paying that the corporations is not paying on the building.

That's one of the many advantages of being a C Corp, that can really be very advantageous for you having a C corporation. Now of course we touched a little bit before on the S Corp, which is the other option that you have and it comes to Corporations, is that S Corp which is actually very, very common. Many people I worked with and some entities. You can make an election to be taxed as a Corporation as an S Corp. See it's when you go to form a Corporation at the state level.

Then you go, as at the state level it's corporations, it's all the state is a Corporation. Now when you make these elections to be an S Corp, that's actually with the IRS because you go and you get your EIN number or your employer or your ID number with the IR address. Basically, you tell the IRS, I’m going to have employees, and I'm going to be a Corporation. Well by default, you're going to be classified as a C corporation with the IRS.

Unless you file, it’s a form two, five, five, three, signed by all of the shareholders of the Corporation. Then, you can elect with that. Would you like to be an S Corporation? Now usually I recommend if you're going to be an S Corporation, you do it from like when you initially become a Corporation, from the very beginning. If you have been a C Corporation for several years, and then you want to change to be in taxed as an S Corporation, you can make the election and do it. And that's certainly possible.

I’ve had C Corps go ahead and do that. There could be some tax ramifications down the road if they’re certain profits that you still have and so on. Or perhaps depreciation, that could be depreciation issues or a capital gains issues down the road of certain property is sold. But all that’s just stuff that needs to be disclosed if you decide to make it go from C Corp to an S Corp. That's why it is recommended starting and being a new business, we got to make a good shot from the beginning.

What type of corporation are we going to be? Are we going to be a C Corp, or are we going to be an S Corp?  

A couple of points that I wanted to mention here which is really a wonderful, one of the wonderful basis of the Tax Cuts and Jobs Act passed near the end of 2017, is that you have a Corporate operation or business that is making under $26 million an average sales in a year. You can use the cash method of accounting. That is a true, wonderful revision of that law for a businesses to be able to use the cash method of accounting.

 To do that, that's basically, at least I think it's a much easier method that a curl, so it’s my opinion. I think most businesses take advantage of that. Well you can make an automatic recommendation for. Now, one of the disadvantages of a C Corp that I want to touch on that I had that much experience variance with, is that you have many C Corp especially ones that are smaller ones that may have just a few million dollar sales a year. They may make a lot of contributions and donations to charities, and those are great.

That’s wonderful that they do that to nonprofits and so on, that would be deductible. However, because of limitations within the law, all C Corps can actually deduct about 10% of whatever their profits are. So it's usually pretty limited on what a C Corp can actually take and for most average Americans, people who are running a business. That's one of the advantages that an S Corp has over a C Corp, is that if you make significant donations as a corporation, because the S Corp is a flow entity which means a majority of the time, there's no tax paid at the corporation level.

It's paid at the owner’s level, is that those donations to the nonprofits charitable donations actually go down to the shareholders. And the shareholders can use those and with the higher limits on exempt on. To be able to itemize as a shareholder. Those could possibly put you over, depending on what the S Corp is actually doing. Now back on the S Corp a little bit more, the single shareholder or multiple shareholders on S Corps. As I mentioned it’s the floor through entity.

Now, each shareholder owns a percentage. So if you have two individuals operating as S Corp. It and they would through a 50% of the profits or the losses directly to them. Which is one of the big advantages which can be an advantage or measure disadvantages depends on your situation with an S Corp, but also with the S Corp again just as the C Corp, your shareholders can also be employees of the S Corporation.

Which is a big advantage because unlike the sole proprietor where you're paying self-employment tax, and having to pay a Social Security, Medicare tax benefit that is not deductible in any way. By having an S Corp or a C Corp, you’re getting those deductions fully. You’re paying that Social Security, Medicare tax payers what the Corporation pays to you and that’s withheld. And then submitted and also whatever the matching amount is on the S Corp is also fully deductible to the S Corp.

Now you also with the S Corp, as far as the employers, as far as benefits, you still get some advantages and benefits. It's just some of the differences you got to have some clear outlines on the plan whatever type of benefits you’re going to do. You can still do items like, simple IRAs, you can do those with matching 401 case with matching and so on. Now, the challenge comes in as like with, health insurance, though, is that you can have your entity pay for a health insurance.

But due to the way the rules are written is that whatever the corporation, or the S Corp in this case pays in health insurance has to be added to the income of the shareholder. But within the shareholder, gets to take that off as a self-employed, health insurance deduction. Basically it's a wash, as far as from a standpoint but still it's this kind of interesting how that rule works. Plus, you can have what's called a section 1-0-5 plan.

And also within your S Corp have medical or dental refurbishment in there, that you can for the employees as well as a shareholder. And you can do it in the C Corp as well. It just I once again on the S Corps, those amounts come back as income for the shareholder level. So there's a few differences between S Corp and C Corp that you got to keep in mind and be just aware of. But one could be more advantageous or the other depending on your particular situation and your goals.

Now the other area we want to touch on if you're dealing especially with two or more individuals, because an S Corp can be just an individual and have one individual shareholder in each for both the S Corp and C Corp. Now, if you're talking about multiple person then you got two or more people wanting to go into business together. Well, and maybe if they decide well I don't want to do all the paperwork that a corporation requires which there’s minutes, there's articles of incorporation, and other documents that are required by the state, which is why I recommend if you’re going to do Corporation.

You have some type of Legal Counsel help you do with that. In addition, that we can worked together with as the tax person as the account and helping you to form the business. The same would be true if you’re doing a LLC or a partnership, still needs to be legal agreements in there. Whether you are forming an LLC, multiple personnel LLC and all or a partnership. Now then, what kind of partnership, am I going to form?

Am I going to be general partnership, a limited partnership, which that’s all looking at liabilities, and certainly some people need to look at those things very carefully. And once again to decide what type of partnership if that's just throughout they want to go. We keep in mind that, on a partnership type of business. All the profits and losses once again, it's a flow through entity, it’s not paid at the business level, it's paid on the partners level.

Now, with this though we keep in mind that partners get fairs profit that comes through because of the strict tax structure of a multi person LLC or partnership. The partners will then pay, self-employment tax on whatever those profits are. Also, when it comes to multi member LLC, and the partnership. If you're one of the members of the LLC, or one of the partners, you’re not allowed by current law to be an employee of the business.

You don't get compensated via W-2 form, you can work for the business and it's usually written into the partnership agreement that, that person A is going to get X amount of dollars for their work to the part for their work that they do for the partnership and those are in turn during considered guaranteed payments that you receive. Now depending on also what a person like contributes to the business.

Now you can contribute money, you can contribute may be property, or equipment, whatever those amounts are. That gives you what's known as a basis in your partnership or your LLC, and these basis. You also have basis in your Corporations as well. I neglected to mention those earlier but you do make contributions of cash to a Corporation, and that helps to establish your basis whether you're in C Corp or in S Corp.

Back on the partnerships, and then as you have the basis a person or a general partner may take a distribution of cash that reduces what their basis, or how much they have invested into the business that reduces that for them. So, that's where you got to be very careful with that. And once again, profits that come up of that business as a partnership, or multi-personnel LLC. The partners or the LLC members pay self-employment tax on those profits.

That's one of the main disadvantages of a partnership as well as various legal ramifications that can come in there but from a tax standpoint, there's a lot of risk. You can end up paying self-employment tax once again that's where if that's a route someone decides to go and that's when could be what we established, once you go through the goals. Put together a plan and we figure entity. We discuss the advantages, disadvantages of this particular entity type. We come to the conclusion, okay well in partnership is the way.

It’s the way we’re gonna go understanding these matters about, okay, you're not gonna be an employee business. Youre gonna be paying self-employment tax on the profits and that. But we’re going to have employees, you’re going to be there, just going through those areas. Trying to figure that out. Now one of the areas that many people just don’t fully understand once again is just the fact because it’s like the in thing to go inform LLC.

Which if person wasn’t going to form a Corporation or didn’t want to go through the headaches of having a corporation because there’s many, there’s a lot of paperwork with the corporation. A multi-personnel LLC is a good option but the drawback to the multiple personnel LLC is based on current IRS rules. The multi person LLC is taxed as a partnership. So which basically leads you back to the partnership rules and regulations for the LLC members of what they need to be doing or how they’re going to be conducting business.

Usually when I come to see what I’m dealing with an LLC and I don’t know why more don’t recommend this, but when I worked with multi-personnel LLCs usually for simplicity purposes and makes it easier on the LLC members which is a beautiful election in the tax code. A multi-personnel can elect, the stay as an LLC at state level but for federal purposes they can make an election to be taxed as an S Corporation and what is the significance of them being taxed as an S Corporation. A tax standpoint that makes it easy for them to really get by with not having to pay a self-employment tax from the profits from the business. It allows them to be employees of the business so that their amounts that they would normally pay in self-employment tax, once again their Social Security Medicare. It allows them to get a W-2 form as an LLC member because they’re being taxed not as a partnership which is what a multi-person LLCs are taxed by default.

You get some license, be taxed as an S Corp so that the LLC members are allowed to be employees of the business which I have found when I have this discussion with my employers. They find it to be a very appealing deal especially if they’ve been in the sole proprietorship and accounting together to form this LLC business or LLC and they come to find we can do that? You know that’s great, we’d rather be like an employee and that’s because we’ve been paying this self-employment tax for all those years, having this big tax bill at the end of the year.

We don’t want that anymore and so this solution I offer to them and with this multi-person LLCs be intact as an S Corporation. It works out great for them  into some of the benefits and talking about having an escort, where they can have like retirement plan and so on. Having things more back and forth that you can get into with big partnership. So whenever I can in setting up their books and they have because they keep their money separate and they’re able to have benefits of being an employee of their business.

Which once again goes into some of the benefits I talked having an S Corp where they can have retirement plan and so on with and without having the things going back and forth that you can run into with being a partnership. So whenever I can, I usually don't recommend partnerships to people we can avoid it. Usually a multi person LLC could be a better option but this depends on circumstances.

But if we’re gonna do multi-personnel LLC, I usually recommend, let’s be taxed as an S Corp so you can take advantage of the benefits under S Corp Law into the having to pay self-employment tax and have all of the other issues that arise with being taxed as partnership. 

In starting a business just to touch real quick here, it's important to speak to your accounting or tax professional. I recommend actually speaking to them first.

Because we can help you to establish goals, help you put together a plan, and the most importantly, help you to understand whether initially, you should be a sole proprietor or single person LLC. And understand the tax ramifications of being this is understanding you may need to pay self-employment tax on your profits. Also, the fact as a sole proprietor, you can co-mingle funds even though we don't recommend it. I don't recommend it. I still recommend you treat your sole proprietorship business as like an entity like a corporation that way you can track your profits and losses much better and have a separate bank account.

We talked about the advantages of a being a corporation, such as an S Corp or C Corporation. Now, with these type of entities, it’s vitally important, absolutely essential that if you go through this route that the checking account with these Corporation, whatever you choose to be is truly a separate account of course and it’s in the tax ID number of the business. And it's treated. Everything is treated as business related money for the business.

That way if you've done all your other legal protections and had all the consultations with the Attorney regarding set up of these that you don't break that Corporate veil, as well as for IRS Audit purposes if for reason that happened. You can show distinctly to me this has not been my personal checking account, look at this, I got all my business expenses right here. This is business income coming in, business income going out. My paychecks, look this, I have a separate account, this is where I’ve been getting my money from my account so it's all here.

So it's all good and nice and clean, which is what we really like to see. And so, with good plan as well as come to see the importance if you decide to be a multi-personnel LLC or a partnership, a little bit of difference is there with one of those being could be because you're one of those how if you’re one of the entities, the multi-personnel LLC or partnership that you do pay self-employment tax on those.

And so it's important to consider very carefully what you're going to do in those matters as well so that you make a good choice and so planning is essential from the very beginning. What I do see happen oftentimes, businesses because they’re often starting out small, is that they often start off because it’s easiest to do it makes sense. They may start off as a sole proprietor, because they don't have big, big plans but maybe not a lot of money but you want to get going.

So we started the sole proprietors, we helped to build the business up. And then at some point down the road they got a good business going, you know maybe we need to turn into, especially if it’s a single owner, maybe be a single or single shareholder in a corporation and then decide, I want to be a C Corp. Or all the taxes are paid at the corporate level or do I want to be an S Corp where some losses flow through to me any individually, and I pay tax on the profits after they flow through to me.

Certainly, those can be very advantageous now of course, going from the Sole Proprietorship, to a Corporation, which is what many people can do. The advantage of course then you can be an employee of the business, which to me that is just absolutely essential, because if you're having good profits in your business, you want to reduce your self-employment tax and start taking advantage of having items such as your salary.

Also, such as your contributions to retirement plans, business matching to retirement plans all of that becomes deductible to the business. And I stress also here the importance. Also if you want to be an LLC, a multi-personnel LLC in particular. I really strongly recommend with your consultations that if it's practical and it’s in with your goals being a multi-personnel LLC that's taxed as an S Corporation can be a big advantage for you and could work very well for us you.

After we established some goals that may be the best way to go. But once again, no matter what entity we talked about here. None of these entities is a one size fits all, each individual's circumstances, each individual goals, each individual's business. We have to consider all those items. We have to consider the plan. What do you want to accomplish with your business? And then and only then can a recommendation be made as to what type of business entity, you are going to be?

Don’t let anyone just tell you, all you need to run out set up an LLC. Talk to your Accountant or Tax Person first. They’re the one’s I can best advice you from a tax standpoint, which entity would be best for you. That is what I certainly suggest for you to be doing. Now, I’m going to mention that if you decide or if you'd like me to cover on The Tax Answers Advisor from a tax standpoint, tax planning stand point, you can email me at success@cashtracksfinancial.com.

I certainly do appreciate all you listening today, next week we're going to consider, “How safe is my tax information?”. A vital topic when you consider how many different tax preparers are out there and if you’re using what's known as a “ghost preparer”.

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