Taking Customers With You When You Change Jobs Cliff Ennico www.creators.com "For the past several years I have been employed by a local accounting firm. During this time I have developed close relationships with several of the firm's clients. A number of these clients have been dealing exclusively with me as opposed to the firm's partners, and I view them (rightly or wrongly) as 'my' clients. I am leaving the firm shortly to set up my own practice in the same town, and would like to notify these clients of my change in status, but I'm afraid the firm will sue me for 'stealing business'. I've never signed any sort of non-compete agreement with the firm. What are my legal risks here?" First of all, no business "owns" its clients or customers. People are free to use whatever service providers they like, and agreements that prevent them from doing so are often viewed as illegal "restraints of trade" and are struck down by the courts. Second of all, this situation is every employer's worst nightmare. You spend years training someone in the hopes they will help you grow your business, and the next thing you know they've quit and taken half your customers with them. Shame on this accounting firm for not requiring all of its employees to sign a "non-solicitation" agreement, in which the employee promises not to contact any of the firm's customers or clients for a period of XXX months after leaving the firm's employment for any reason. Unlike non-compete agreements (which prohibit ex-employees from working in the same field or profession within a certain geographic area), non-solicitation agreements are viewed as a legitimate effort by a business to protect its goodwill, and are often upheld by the same courts that routinely strike down "non-competes". Still, even though your firm did not make you sign a non-solicitation agreement, you may have some legal liability to your former employer if you blatantly try to steal its customers. To date, 42 states have adopted some form of a statute called the "Uniform Trade Secrets Act". If your state has adopted a version of the Uniform Trade Secrets Act, you are prohibited from stealing your employer's "trade secrets" and using them for your own benefit, even without a written agreement with the employer. In most states, a firm's client list would be considered a "trade secret" unless its content can be "readily obtained through some independent source". So if you download the firm's entire client list onto a computer diskette or CD and send a letter to everyone named on that list announcing the opening of your new firm, your old firm will almost certainly view that as a theft of its "trade secrets" and will sue you for that. However, taking out an advertisement in a local newspaper (or a local Chamber of Commerce publication) saying that "Joe Blow, formerly with XYZ Accounting Firm, has now opened his new office at ____________" probably will not be viewed as "trade secret" theft, as you are making a general solicitation to the entire community that is not targeting your old firm's clients (even though virtually all of them read the same local newspapers and trade publications). What about directly contacting clients with whom you had a personal relationship during your tenure at the accounting firm? While there can be no guarantee your firm will tolerate any solicitation of business, consider: limiting the solicitation to those clients for whom you are the "sole and exclusive" firm contact - if you do most of the client's work but the client plays golf with your boss every week, you are not the "sole and exclusive" firm contact and should avoid soliciting that client; waiting until after you leave the firm before sending any e-mail or written correspondence to that client with your new contact information; and not offering the client any discounts or "deals" you wouldn't give to someone who walks in off the street. Under no circumstances should you remove any client files, documents or other client-specific information from the firm when you leave, even if a client says it will follow you. Your solicitation to the client should include a "form letter" for the client to send to your old firm terminating the client relationship and requesting that all files be transferred to your attention. If the client owes any money to your old firm, be prepared to wait until that gets settled before you get the files. Cliff Ennico ( cennico@legalcareer.com ) is a syndicated columnist, author and host of the PBS television series 'Money Hunt'. His latest book is 'Small Business Survival Guide' (Adams Media, $12.95). This column is no substitute for legal, tax or financial advice, which can be furnished only by a qualified professional licensed in your state. To find out more about Cliff Ennico and other Creators Syndicate writers and cartoonists, visit our Web page at www.creators.com . COPYRIGHT 2006 CLIFFORD R. ENNICO. DISTRIBUTED BY CREATORS SYNDICATE, INC. Permission granted for use on DrLaura.com. More >>

Can An LLC Member Put Himself On The Payroll? (Part I) Cliff Ennico www.creators.com "My brother and I have a limited liability company (LLC) for our garage business. My brother really is the 'workhorse' in this business - I put in the startup money, and I sometimes do the books - and it's a pain in the neck for him to have to figure out his estimated taxes four times a year. Isn't there a way we can put him on a payroll, pay him a regular salary, and withhold taxes just like we would for an employee who didn't own a piece of the business? You won't believe this, but I've spoken to three different accountants and I've gotten three different answers. Help!" I'm not surprised at all. This is one of the toughest tax questions involving LLCs, and I have devoted at least three prior columns to this subject. Let's begin with the basics. Your LLC is treated as a partnership for tax purposes unless you choose to be taxed another way. If an employee is not a partner (owner) of the business, you can put her on a payroll, withhold income, Social Security (FICA) and Medicare taxes, and deduct her salary the same as if you were a corporation. If the employee is also an owner of the LLC (called a "member"), however, the rules start to get complicated. Legally, a member of an LLC cannot receive a "salary" as such from the LLC. There are only two ways a member can get cash out of the LLC: she can either take a "draw", or take a "distribution" of the LLC's profits. A "distribution" to an LLC member is like the dividend a corporation pays to a shareholder - it is a partial return of the monies the member has invested in the LLC, and is based on the member's percentage of the LLC's net income or profit. So, for example, if you and I are 50/50 members of an LLC, and I take out 50% of whatever's left over in the LLC checking account at the end of a particular month (with your approval, of course, so there's enough money in the account to pay future expenses), that is considered a "distribution". A "distribution" does not reduce the LLC's income for tax purposes (it is precisely the LLC's income that is being distributed), and the member taking the distribution must pay all income and self-employment tax on the distribution. A "draw" is an amount paid to a member for services rendered to the LLC, or to reimburse the member for LLC expenses the member has paid out of her own pocket (for example, many members use their personal credit cards to pay LLC expenses in order to obtain "frequent flier" miles the LLC wouldn't qualify for). A "draw" reduces the LLC's income for tax purposes, and the member taking the draw must pay all income and self-employment tax on the "draws". If a member "draws" more than $1,000 during a calendar year, she must estimate the taxes due on the "draws" and pay the estimated taxes four times a year. If a member is allowed to "draw" specific amounts on a regular schedule (like a salary), the "draws" are referred to as "guaranteed payments" for tax purposes. According to Fairfield, Connecticut CPA Russell Abrahms ( rlabrahms@aol.com ), an LLC can deduct guaranteed payments, which are treated as ordinary income to the member who receives them. While admitting that it is a "pain in the neck" for members to have to estimate and pay taxes on their guaranteed payments quarterly, Abrahms says "the brother may actually end up paying less taxes that way than if he were to take a payroll deduction". He explains that "in some states - such as Connecticut - employers who withhold taxes from their employees' wages have to make payments into the state unemployment compensation or disability fund, which members taking a 'guaranteed payment' type draw don't have to do." Abrahms also points out that in this case, the nonworking LLC member may have to pay self-employment taxes (FICA and Medicare) on the draws he takes out of the LLC account. Because he "sometimes does the books", he's not just a passive investor in the LLC. "This is a very hot issue in the tax community right now," says Abrahms, "and we need to delve into the business details before we can determine whether a member's 'draws' or distributions will be subject to self-employment tax." So does anything bad happen if you put an LLC owner on the payroll and withhold taxes from her "guaranteed payments"? See next week's column . . . Cliff Ennico ( cennico@legalcareer.com ) is a syndicated columnist, author and host of the PBS television series 'Money Hunt'. His latest book is 'Small Business Survival Guide' (Adams Media, $12.95). This column is no substitute for legal, tax or financial advice, which can be furnished only by a qualified professional licensed in your state. To find out more about Cliff Ennico and other Creators Syndicate writers and cartoonists, visit our Web page at www.creators.com . COPYRIGHT 2006 CLIFFORD R. ENNICO. DISTRIBUTED BY CREATORS SYNDICATE, INC. Permission granted for use on DrLaura.com. More >>

More >>

Working From Home - Plan Ahead For When Disaster or Tragedy Occurs by Jill Hart CWAHM.com Disasters or family tragedies can strike families in many forms - Mother Nature, sickness and even computer problems can cause major difficulties for your business. Do you have a plan of action on how you will handle your home-based business if disaster were to strike? If not, you absolutely need to. Having a plan ensures that you can not only keep your business running, but decrease stress because you have already prepared for the unexpected. Below are four tips to help you handle the unexpected. Work around the events -Your customers will understand as long as you communicate with them. Be honest that things may take a little longer than usual, but keep your customers updated as often as possible. Communication is the key. Most people will understand the delay as long as they are aware of it. If you get to the point where you cannot work or cannot finish a project, but sure to be clear and honest about the situation and try to make an arrangement that will be acceptable. Also, let them know as soon as possible so they can prepare. Don't wait until the last minute to advise them of a potential problem. If you're struggling because of a child being sick, try to work when the child is sleeping and don't stress yourself out to work at other times. Make a schedule of what needs to be done, so that you can accomplish as much as possible during these times. Don't be afraid to ask for help - As moms, we tend to feel that we should be able to handle everything that is thrown at us. Unfortunately, this just isn't always the case. There are times when we need to allow ourselves to ask for help. When a tragedy occurs and you are simply overwhelmed, find someone who you trust and ask them for help. Many times, just having someone reply to customers on your behalf can take the pressure off your shoulders. Allowing someone to help you when necessary can also be uplifting to them as they feel they can be a part of helping in a difficult situation. So don't shy away from letting others know. We all benefit when we work together and help one another. When our one-year old had surgery he didn't handle the pain medication well. He was wide awake for the better part of two days. In this case, I knew ahead of time when the surgery would occur, but I had no idea what his recovery would entail. It was impossible to work while he slept, because he wasn't sleeping. I realized that I not only needed help business-wise, but I needed help with him as well so that I could get some rest. While it was humbling to admit that I needed help, that I couldn't do it all, it turned out as a great time spent with family that we would not have had if I hadn't asked for help. Prepare for the worst - Because we never know what the future holds, it is always better to be prepared. As the old saying goes, "Better safe than sorry." One of the best resources to help you prepare is the Home Office Recovery Plan: Disaster Preparedness for Your Home Office by authors Diana Ennen and Patty Gale. This e-book covers all the bases of getting a Disaster Recovery Plan in place now so that if disaster strikes your home business or an emergency arises, you are able to get your business back up and running quickly and smoothly. Ennen states, "In my case, this guide has been a lifesaver as a resident of South Florida. I have prepared for eight major hurricanes in the past two years with Hurricane Katrina and Hurricane Wilma taking a direct hit on Broward County where I live. I was without power for two weeks with Hurricane Wilma. Had I not prepared, my clients would have suffered as would my business." Gale also knows the importance of this book having lived in New York after 9/11 and had the task of preparing a similar guideline for a company she was working with at the time. Both know the importance in ensuring your business will withstand whatever this hurricane or any disaster (including a theft in the office or fire) has to offer. Get a Plan - There are times when life becomes overwhelming and you simply aren't able to accomplish everything on your own. It's for these times that you need to have some type of log of what you do and what needs to be done. Keep a spreadsheet of tasks that you do, how often they are done and mark them completed as you are able. Keep a list of passwords in a safe, secure place. Make sure that your family (or whoever may be helping you during this time) is able to carry on even in the event that you are away from home. If possible, train someone that you trust to do the things that you do each day (at least the key things), so that when the unexpected arises you won't be caught off-guard. Tragedy comes in many shapes and forms, but if you are prepared much of the unnecessary stress can be avoided. When tragedy strikes, you want to be focused on the important things in life, your family and you. By advance planning you are able to do so. Jill Hart is the founder of Christian Work at Home Moms, CWAHM.com . This site is dedicated to providing work at home moms with opportunities to promote their businesses while at the same time providing them spiritual encouragement and articles. Visit CWAHM.com . Permission granted for use on DrLaura.com More >>

Should You Use A "Do It Yourself" Incorporation Service? Cliff Ennico www.creators.com "I'm thinking of setting up a corporation or limited liability company (LLC) for my small retail business, but the attorneys around here charge a bloody fortune to do the paperwork. I surf the Web a lot, and I see countless Websites that offer to set up a corporation - usually in Delaware or Nevada - for under $200. This seems like too good a deal to be true. Are these services legitimate and, if they are, what am I not getting by using one of these instead of an attorney?" There is nothing wrong with using a "do it yourself" service to set up a corporation or LLC, but be careful. An online service may give you a brochure or DVD illustrating the differences between corporations and LLCs generally, but they won't give you one-on-one advice. That's considered "practicing law" or "practicing accountancy", and only a licensed professional can do that. When looking to set up a corporation or LLC for your small business, it's best to consult with a lawyer AND an accountant to determine the type of entity (corporation, S corporation or LLC) that will give you the most legal and tax advantages. Once you've settled on a particular entity, though, you can (if you wish) go to the online service and save some money getting the paperwork done. Just remember that if they make a mistake, you can't sue them for malpractice. There are some pretty reputable online incorporation services now that are giving the legal profession a run for its money. Intuit Corp. (which publishes the QuickBooks(r), Quicken(r) and TurboTax(r) software products) recently acquired MyCorporation Business Services, Inc. (www.mycorporation.com), a Calabasas, California based incorporation service. Other major players online are LegalZoom (www.legalzoom.com) and BizFilings (www.bizfilings.com). There's even a franchise called "We the People" (www.wethepeopleusa.com), that prepares incorporation and other simple legal documents, with 166 brick and mortar locations in 29 states. But beware. There are a lot of "fly by night" incorporation services that will take your money, file a generic incorporation form with your state Secretary of State's office, and leave you to figure out the rest. When looking at a "do it yourself" incorporation service, you should ask six questions: Will they register your entity with the Secretary of State's office? Virtually all online services do this, but if they're charging less than $200, that's probably all they're doing. If you're incorporating in a state other than your own, will they help you find a "registered agent" to act as your local mailing address in that state? Most online services do this, but will send you the bill for the registered agent's service fee (usually $150 to $250 a year). Will they provide you with the internal corporate documents (such as bylaws, minute book, corporate resolutions, and share certificates) you need to run your business day to day? Some services do this, but most do not. Will they give you notice of filing deadlines on an ongoing basis? Only the better services do this. Will they register your entity with the IRS and get you a taxpayer ID number? Again, only the better services do this. And finally: Will they help you register your entity for state and local taxes (including sales taxes, since you are a retailer)? I'm not aware of any online service that will do the actual registration for you, but some will tell you that this is a necessary step, and the better ones will offer you some assistance (such as a link to your state tax authority's Website) to make sure the job gets done. Until steps number 1, 5 and 6 have been performed, you are not legally incorporated, and it will be only a matter of time before you receive a nasty letter from a government agency saying you owe them something. Even using one of the very best "do it yourself" incorporation services, you will probably have to hire an accountant or attorney to help you with step # 6. One more thing: I've said it before in this column and I'll say it again -- there is absolutely no reason for a small business to be incorporated in Delaware or Nevada unless it is physically located in one of those two states. Forming a Delaware or Nevada entity when you're actually doing business in Wisconsin will not protect you one bit from Wisconsin state and local taxes, and you shouldn't believe anyone who tells you otherwise. Cliff Ennico ( cennico@legalcareer.com ) is a syndicated columnist, author and host of the PBS television series 'Money Hunt'. His latest book is 'Small Business Survival Guide' (Adams Media, $12.95). This column is no substitute for legal, tax or financial advice, which can be furnished only by a qualified professional licensed in your state. To find out more about Cliff Ennico and other Creators Syndicate writers and cartoonists, visit our Web page at www.creators.com . COPYRIGHT 2006 CLIFFORD R. ENNICO. DISTRIBUTED BY CREATORS SYNDICATE, INC. Permission granted for use on DrLaura.com. More >>

"Pulling" Your Customers On The Internet: Part Two Cliff Ennico www.creators.com Once you have optimized your Website for search engines, you don't just sit there waiting for the "hits" to happen. It is now time to engage in "search engine marketing" - creating ads for your Website that will appear next to the search query results when someone is searching for the stuff you sell. Internet marketing expert Catherine Seda ( www.searchmarketingmastery.com ) recommends that you start with "pay-per-click" advertising on Yahoo!, as it's easier than Google for new advertisers to figure out. When you buy a "pay-per-click" ad on Yahoo!, Google or one of the major search engines, you are "bidding" for placement on that engine's search results. You create a short (usually less than 50 words) ad, tell the search engine how much you are willing to pay for each "click" from the ad to your Website, and that's pretty much it. When a person is searching for something you sell, and they see your ad, they "click" on the link to your Website, and the search engine automatically debits your credit or ATM card for the amount you indicated (full disclosure: most search engines charge a minimum monthly fee, currently $5 for Yahoo!, whether you get any clicks or not). Simple enough, right? Well . . . Let's say I decide to place an ad for "small business attorney" on Yahoo! I create a wonderful ad, and offer to pay that search engine ten cents (the minimum amount for ads on Yahoo!) each time someone clicks on my ad. My ad will appear on Yahoo!, all right, but on page 50 of the search query results for "small business attorney". How many times have you searched for something and looked at the 50th page of the query results? To get anywhere with search engine marketing, your ad needs to appear on the first or second page of the query results. For that to happen with my "small business attorney" ad, I would have to pay the search engine about $50 per click. That can add up to a significant bill each month in a real hurry, and there's no assurance that anyone who "clicks" my ad and gets to my Website (triggering a $50 fee for the search engine) will actually buy something once they get there. So how do you get around that? Simple - make your ad as narrow and targeted as possible. While a ten-cent ad for "small business attorney" won't get me anywhere, a ten-cent ad for "NY small business attorney" will get me on page two of the query results. If I raise the ante to 25 cents, I'm on page one. Of course, that narrows the range of "searchers", but the ones looking for a small business attorney in New York are the ones I really want anyway. I will get fewer "hits" from the search engine ad, but (hopefully) a higher percentage of serious folks who will actually contact me once they get to my Website and see how truly wonderful I am. Once you've listed some pay-per-click ads on Yahoo!, what next? According to Seda, if you're selling services, start "blogging". Create your own "blog" (or Weblog) to show that you're an industry leader. By sharing helpful information (or just some wild, crazy and cool stuff), you will invite blog readers to hire you. On the Web, nothing beats "buzz marketing" - a friend, colleague or someone other than my Mom or my PR person who tells you "hey, Joe, you've got to check out this guy's crazy blog. He's a little off the wall, but he really gets what we're trying to do here!" For advice, start with "Blogging for Dummies" by Brad Hill (Wiley, $21.99) and "Blog Marketing" by Jeremy Wright (McGraw-Hill, $24.95). If you're selling products, look for Websites with already heavy traffic, and try to become their "affiliate" - they let you have an ad on their home page in exchange for putting an ad on your home page (plus perhaps some cash). For example, if you're selling antique toys from the 1800s and early 1900s, an ad on the Antique Toy World magazine's Website ( www.antiquetoyworld.com ), will be worth its weight in gold. Here's a tip: look for high-traffic Websites that are offering stuff that complements, but is not the same as, your merchandise. One of the most successful Web merchants in the "vintage art poster" market doesn't sell posters at all, at least not on the Web. Rather, he makes and sells the high-end "acetate free" folders you use to store vintage posters that you don't want to frame and hang on your wall. Just about every "vintage poster" Website has a link to him - because all vintage poster collectors needs these folders -- and I don't think he paid more than a few dollars (maximum) for all that advertising. And if you ask him nicely, he does have a few really good posters in the "back room" he might be willing to part with . . . Finally, since you are selling clothing, housewares, or any sort of collectibles, you should seriously consider opening an eBay Store (stores.ebay.com). For a monthly fee starting at $15.95, you can list dozens of items on eBay, and for a little more eBay will even help promote your eBay Store to the major search engines so you don't have to figure out the finer points of "pay-per-click" advertising yourself. Have you ever searched for something on the Internet and had someone's eBay Store or auction listing pop up as one of the top listings? Enough said. A new book, "Launching a Successful eBay Store", by Ron Mansfield (Pearson Education, $24.99), gives you all the details. Cliff Ennico ( cennico@legalcareer.com ) is a syndicated columnist, author and host of the PBS television series 'Money Hunt'. His latest book is 'Small Business Survival Guide' (Adams Media, $12.95). This column is no substitute for legal, tax or financial advice, which can be furnished only by a qualified professional licensed in your state. To find out more about Cliff Ennico and other Creators Syndicate writers and cartoonists, visit our Web page at www.creators.com . COPYRIGHT 2006 CLIFFORD R. ENNICO. DISTRIBUTED BY CREATORS SYNDICATE, INC. Permission granted for use on DrLaura.com. More >>

"Pulling" Your Customers On The Internet: Part One Cliff Ennico www.creators.com "I am a small one person business selling football-related collectibles. I have had my own Website since 1992 -- almost one of the first people to have a site. Over the years, of course, technology has drastically changed, and my positioning on internet searches like Google has dropped significantly as more and more people are getting into this game. How can I improve upon this without spending an arm and a leg? Do you know of anyone that can offer improvements and make those changes on an existing Website? I would ideally love to get a focus group to critique my Website, but I know that can run into a small fortune. Do you have any ideas, suggestions or references to help out us small guys? Hold on a second - you have had a Website since 1992, and only RECENTLY has your position in the search engine rankings gone down? Must be one heck of a Website . . . There was a time, not too long ago, that I used to think the phrase "Internet marketing" was a contradiction in terms. Traditional marketing is all about "pushing" products to consumers, and on the Internet you cannot "push" or force viewers to see things they don't want to see. An entire industry of software products - from antispam filters to "pop-up" blockers - has sprouted up overnight for the specific purpose of preventing marketers from getting their messages through to you when you're online. You cannot "push" on the Internet, but what you CAN do is "pull" them to your Website. On the Web, the consumer runs free like a wild stallion, going wherever its head takes him. You are the one who must "corral" the free-range consumers and lead them to your water. When people go looking for stuff on the Internet, what do they use? A search engine, of course. That's where your advertising focus should be - letting the consumers think they have found you, and have made the "free choice" to click on a link to your Website and see what you've got to offer. The first thing you have to do is "optimize" your Website for search engines, so that when people go looking for the stuff you sell, the engine lists your Website as one of the top ten "hits" that show up on the search query results page. This is as much an art than an exact science, and involves picking the most commonly used "keywords" people use to search for your stuff and making sure those "keywords" are embedded in your Website so the search engine "crawlers" can find them. Since you have limited funds, it may be worth your while to learn how to do this yourself. Several how-to books exist on this subject, most notably "Search Engine Visibility" by Staci Thurow (Pearson Education, $29.99), "Search Engine Advertising" by Catherine Seda (New Riders, $29.99), and "Search Engine Optimization for Dummies" by Peter Kent (Wiley, $24.99). If doing anything yourself on a computer gives you the willies, there is a growing industry of search engine optimization (SEO) consultants who for fees ranging from a few hundred dollars to a few thousand dollars can use advanced statistical methods to help identify the keywords that will drive search engine traffic to your Website. A search for "SEO Consultant" on any search engine will yield about 500,000 results, many from computer professionals in India and other parts of the world who may be willing to provide world-class service for a much lower rate than U.S. consultants. The Organization of Search Engine Optimization Professionals ( www.seopros.org ) was formed in 2001 to develop "best practices" and standards for this industry - go to their Website and click on "SEO Consultant Directory" for a list of their members nearest you. Once you have optimized your Website for search engines, you don't just sit there waiting for the "hits" to happen. It is now time to engage in "search engine marketing" - creating ads for your Website that will appear next to the search query results when someone is searching for the stuff you sell. More on that next week . . . Cliff Ennico ( cennico@legalcareer.com ) is a syndicated columnist, author and host of the PBS television series 'Money Hunt'. His latest book is 'Small Business Survival Guide' (Adams Media, $12.95). This column is no substitute for legal, tax or financial advice, which can be furnished only by a qualified professional licensed in your state. To find out more about Cliff Ennico and other Creators Syndicate writers and cartoonists, visit our Web page at www.creators.com . COPYRIGHT 2006 CLIFFORD R. ENNICO. DISTRIBUTED BY CREATORS SYNDICATE, INC. Permission granted for use on DrLaura.com. More >>

Five Steps to Get Your Priorities Straight in Business and At Home By: Jill Hart Operating a successful home-based business is a time-consuming endeavor. This is doubly true as work-at-home moms in that we are responsible not only for the success of our business, but for our family as well. We must be self-reliant, self-motivated, and discipline ourselves in order to attain success in both areas. When running a business from home, it's easy to let the phone calls, emails and paperwork keep you tied down, making you feel that you don't have time to take a break or to spend quality time with your family. Maybe you've noticed that you spend a little more time than you'd like in front of your computer or on the phone. Maybe you see your kids acting out, trying to gain your attention. Perhaps you are seeing that this isn't the work-at-home dream you envisioned. You started out with such noble intentions, but maybe the excitement of success in your business has caused you to lose sight of the REAL reason you do what you do each day. It happens to so many of us, but don't worry, help is on the way. Below are five ideas to prioritize your life and business: Be honest - You probably didn't start your work-at-home career to climb the "corporate ladder" of your at-home business. Chances are that you started your business with the best of intentions - to be able to be at home with your children, to contribute financially to your family, or simply to have a little spending money of your own. Take a moment and honestly ask yourself how you've been handling the time commitment of owning a business: Are you spending too much time on the phone, the computer, etc? Are your kids spending more time than usual in front of the TV? Do you snap at your children because of the stresses of your business? Do you worry about your business - to the point that it distracts you when you are with your family? Make a list - Sit down and write out a list of things that you see that you'd like to change. This can be a list of things you can do differently to limit the time you spend on your business; or a list of ways you can "de-stress" so that you can deal kindly with your family. Log your time - Buy a notebook or create a spreadsheet that you can use to log the time you spend on your business each day. Make a column for each day across the top and a row of half an hour increments down the side. Every time you sit down at your desk, write "IN" in the box that corresponds to the time and day. Every time you leave your desk (or complete a task), fill the appropriate box with the word "OUT." At the end of the week, total up the hours each day that you have spent on business tasks. Are you surprised or is it about where you thought you'd be? This can be a real eye-opener and show you in black and white if your priorities have gotten off track. Take special note for how much time you spend on e-mails and things that aren't billable. Diana Ennen of Virtual Word Publishing, www.virtualwordpublishing.com also recommends that you plan ahead and schedule your time. Prioritize things and have the work that will require the most effort and concentration scheduled for your peak time. Try and not get sidetracked and stay on task focusing on what you need to do. You'd be amazed how much more work you can get done by simply changing how you work e-mails. If you only answer them at set hours, you save yourself from being online all day and not accomplishing much. Take a break - If you get to the end of the week and your time log has you in shock; it's time to take a break. If you normally work during the weekend, make it a point to take this weekend off. Shut down your email, turn off the ringer on your phone and shut the door to your office. You'll be surprised at how refreshing this will be. Use this time off to re-evaluate how you need to be spending your time. Try to plan out when you can work on your business without losing out on time with your children. If your children are in school, make it a point to stop working when they get home. If your children are still small, maybe you can limit work hours to naptime or, if possible, have a grandparent watch them once or twice a week to allow you a bit more work time. Plan an activity - Now that you're ready to make a change in your routine, why not plan an activity once a week? This can be an outing with your child or just something simple like setting aside time to make cookies together. If possible, find another work-at-home mom and hold one another accountable to keep to your new schedules. Make a weekly play date where your children can spend time together - you can talk business if necessary or decide to make it a "no business talk allowed" discussion time. The years that you have at home with your children are a gift as is your business. The time necessary for each will be different for every family and situation. Take the time to find what works for you and set your schedule accordingly. Make it a point to evaluate your priorities every few months to make sure that your time is spent properly. The rewards will be well worth it, when your family not only is proud of your accomplishments in your business, but also more importantly your accomplishments as their mom. ABOUT THE AUTHOR Jill Hart is the founder of Christian Work at Home Moms, CWAHM.com . This site is dedicated to providing work at home moms with opportunities to promote their businesses while at the same time providing them spiritual encouragement and articles. Visit http://www.CWAHM.com for additional information. Jill and her husband, Allen of CWAHD.com (Christian Work at Home Dads) reside in Nebraska with their two children. "Permission Granted for use on Dr.Laura.com." More >>

More >>

When Your Business Crosses State Lines Cliff Ennico www.creators.com "We run a number of limited liability companies in New Jersey that provide financial services. We have a number of partners who live in New York, do business out of their homes, and see New York customers in their home offices. Just yesterday I read that New York is adopting a new law requiring LLCs in New York to publish a 'legal notice' in local newspapers or else lose their legal status. Does this apply to us?" It depends on whether you are legally "doing business" in New York. Generally, unless you have an actual office address in New York, you are not doing business there legally. As long as your New York clients get all their mail from New Jersey, and mail all their payments to New Jersey, and your employees' home addresses do not appear anywhere on your business cards and stationery, you're probably not "doing business" in New York. In this case, though, it's a close call, because it sounds like you've got employees working full-time in New York and using their home offices as local "branches" of your business - from a New York customer's perspective, you sure LOOK like you have an office in New York, even though you legally don't. New York and New Jersey have signed an "interstate compact" requiring companies in one state to collect the other state's sales, use and other taxes when dealing with customers in the other state, whether or not they are legally doing business there - you're probably not doing that. I also have to believe that New York's banking authorities will be concerned about the quality of financial advice your people are giving to citizens of New York, and may want to subject your New York personnel to whatever licensing requirements apply in New York. To be safe, I would register your New Jersey LLC as a "foreign" LLC in New York and publish the legal notice - the cost is only about $200 if your employees work in counties outside of New York City. And hire an attorney who's familiar with New York consumer protection laws relating to financial services. "I set up a business in Nevada thinking it's going to save me money on taxes, but doing more research showed that it's not true. Is there a way I can transfer it to my local state without having to pay all those set up fees? Or do I need to close business there and open a new one in my state?" The short answer is "no". There are two ways you can transfer your Nevada business to your home state - you can either register the Nevada business as a "foreign" entity in your state (see previous answer), or you can set up a new entity in your home state and merge the Nevada business into it. Either way, though, you will have to pay fees ranging from $200 to $1,000. The better solution may be to simply dissolve the Nevada business and set up a new one in your home state. In most states, the taxes and fees for setting up a local, or "domestic", legal entity are lower than they are for registering a foreign (out of state) entity, and you will save a couple of hundred bucks by doing this. "How would plans to relocate in another state in the future affect my decision to incorporate an LLC in New York now? Would I pay business taxes to both New York and the state I will eventually end up in? Are taxes based on the legal address of the business or where the LLC is, or is it where you operate regardless of where your clients are?" If you're planning to move to another state in the VERY near future (within the next year), then I would hold off forming an LLC until you are settled in your new location, and then form one under that state's law. Otherwise you will be paying taxes and filing tax returns in two separate states, which makes no sense. If your move to another state is sometime more distant in the future (say, the next two to five years), then you should form a New York LLC now to get the protection from legal liability. When you do eventually move, you would shut down your New York LLC (fairly easy to do) and set up a new LLC under the laws of your new state (see previous answer). That's the best and most efficient way. "I am a non-US resident living in a foreign country. I am thinking about forming an LLC in Delaware. The Registered Agent allows me to use his address in Delaware for legal documents, bank accounts and correspondence with the IRS, but cannot be used as a mailing address to be posted on my company Web site. I found three mail forwarding services, one in Nevada, one in Texas and one in Florida. If I use these mail forwarding services for my LLC in these states, does it mean I am doing business as a foreign company in those states? For example, if I use the Florida mail forwarding service, do I need to register in Florida as a foreign company?" The short answer is "yes". Your mail forwarding service would be a legal business address in the state where the mail forwarding service is located (see first answer). You would have to register your Delaware LLC as a "foreign" LLC in that state, and register for that state's state and local taxes. Be sure to get a good tax adviser here, as you (or your U.S. bank) may also have to "withhold" taxes on amounts you take out of the LLC checking account and remit to your home country - see the instructions to IRS Form W-8ECI and IRS Publication 519, "U.S. Taxation of Aliens". Also, be prepared to answer a few questions if someone from U.S. Homeland Security contacts you, as an overseas business with no legal presence in the U.S. other than a "private mailbox" might raise a few eyebrows in U.S. intelligence circles. Cliff Ennico ( cennico@legalcareer.com ) is a syndicated columnist, author and host of the PBS television series 'Money Hunt'. His latest book is 'Small Business Survival Guide' (Adams Media, $12.95). This column is no substitute for legal, tax or financial advice, which can be furnished only by a qualified professional licensed in your state. To find out more about Cliff Ennico and other Creators Syndicate writers and cartoonists, visit our Web page at www.creators.com . COPYRIGHT 2006 CLIFFORD R. ENNICO. DISTRIBUTED BY CREATORS SYNDICATE, INC. Permission granted for use on DrLaura.com. More >>