All posts by Gary Stockton

      The IRS recently released more details about the Qualified Business Income Deduction, a new tax regulation that will impact small business owners. In this guest post,  leading author and tax expert, Barbara Weltman shares first impressions on the regulation and potential impact for small businesses. You can find more blogs by Barbara on her blog Big Ideas for Small Business.    If you own a pass-through entity—sole proprietorship, partnership, limited liability company, or S corporation—you may be eligible for a new tax deduction. It is a significant tax reduction for business owners who qualify for it. But it isn’t simple because numerous limitations and acronyms come into play. The following is a brief introduction to the qualified business income deduction.   Overview Referred to as the Section 199A deduction (the section in the Tax Code for it), the qualified business income (QBI) deduction runs from 2018 through 2025. You don’t have to expend any capital or take any special action; if you qualify for the deduction you get it. But the bad news is that there’s new terminology and calculations for limitations on the deduction which can be daunting. The deduction does not reduce your business income and does not reduce your net earnings for self-employment tax if you’re self-employed. It does not reduce your gross income as does other business-related expenses, such as retirement plan contributions on your behalf, health insurance for yourself, and one-half of self-employment tax. The deduction comes off your adjusted gross income in the same way as the standard deduction or itemized deductions (there’s a special line for the QBI deduction on Form 1040), effectively reducing the tax rate you pay on your business profits. For example, if you are in the 32% tax bracket and qualify for the deduction without any limitations, the effective tax rate on your QBI becomes 25.6%. What is QBI? The deduction is based on the amount of your qualified business income. This is essentially your profits from a pass-through trade or business. However, QBI does not include certain items that you do factor into your net income for determining what you pay income tax on. Items excluded from QBI are: Capital gains and losses (including Section 1231 gains) Dividend income Interest income Reasonable compensation paid to S corporation owner-employees Guaranteed payments to partners for services rendered to the business What is the QBI deduction? If your taxable income is no more than $157,500 if single or $315,000 if married filing jointly, then your deduction is 20% of QBI. The deduction cannot exceed your taxable income minus any capital gains. For example, if you are a sole proprietor with a net profit of $90,000 (and no excluded items) on your Schedule C and your taxable income is $100,000 (no capital gains), your QBI deduction is $18,000 ($90,000 x 20%). What limitations apply? Once your taxable income is higher than the taxable income threshold for your filing status, then various limitations come into play. The exact formula for determining the deduction (there are special rules for income from REITs and publicly traded partnerships that is not explained here) is the lesser of: 20% of your QBI, or The greater of (a) 50% of W-2 wages or (b) the sum of 25% of W-2 wages plus 2.5% of the unadjusted basis immediately after acquisition (UBIA) of qualified property. In addition to the W-2 limitation and the property limitation, there is a special limitation for a specified service trade or business (defined below). Only a percentage of QBI, W-2 wages, and the unadjusted basis of property can be taken into account. Once an owner of a specified service trade or business has taxable income over $207,500 if single, or $415,000 if married filing jointly, then this limitation means no deduction can be claimed. What are the special terms to know? There are a number of special terms you need to know in order to figure the deduction: W-2 wages. These are wages reported on W-2s to employees (including wages to S corporation owner-employees), plus elective deferral contributions to 401(k)s and similar plans and certain deferred compensation. Specified service trades or businesses (SSTBs). These are any trade or business involving the performance of services in the fields of health, law, accounting, actuarial science, performing arts, consulting, athletics, financial services, brokerage services, or any trade or business where the principal asset of such trade or business is the reputation or skill of one or more of its employees or owners (a catchall category). Architecture and engineering are specifically not included in the list of fields. Fortunately, the IRS has narrowly construed the meaning of the catchall category so that the skill or reputation of an owner will be an SSTB only if the person receives payment for endorsing products or services, licensing the taxpayer’s images, or receiving fees for media appearances. For instance, a chef who owns restaurants and also endorses a line of cookware, only the income from the endorsement will be treated as an SSBT; the income from the restaurants won’t be tainted and subject to the SSBT limitation. Unadjusted basis immediately after acquisition (UBIA) of qualified property. This is essentially the cost of depreciable tangible property as of the date it’s placed in service. So if your sole proprietorship buys a $10,000 machine and begins to use it on March, 1, 2018, you have UBIA of $10,000, even if you write-off the entire cost on your 2018 return. Conclusion If you think the QBI deduction sounds complicated, then you are correct. Fortunately, the actual computation of the deduction is done automatically by software. The important concepts to understand are the overall landscape of the deduction and the new terms that come into play. An upcoming post will provide more guidance on grouping and splitting businesses and other aspects of this complicated but very important deduction. Stay tuned! Attend our webinar

As Millennials and Generation Z enter the workplace, traditional work expectations have been questioned. Not only are companies being challenged for their dress code, the younger generation also has higher expectations of the benefits they’ll receive. With the global economy growing at a rapid pace, boomers retiring and others leaving the American workforce to pursue entrepreneur opportunities, qualified job seekers can be a scarce commodity. At least 72% of organizations are increasing their benefits offerings to attract and retain employees. To build a more attractive compensation package and entice more applicants, should companies embrace the “work-life balance” concept with reduced work weeks? A Shorter Work Week Defined While the origins of a reduced work week idea are unclear, ad agencies of the 1960’s may have started the trend when they noticed a reduction in productivity during the summer months. They began a program called “Summer Fridays” and offered half-days or full Fridays off. State employees in Utah began working ten-hour days, Monday through Thursday, in 2008. The decision was based on the expectation of reducing operating costs. Although Utah reverted back to five-day work weeks in 2011, many state and local governments still operate on alternative schedules. Many organizations already offer reduced work week programs and have found that employees are more productive in a shorter amount of time. The focus is more consistent, sick days reduced and, considering the amount of work an employee would likely accomplish before going on vacation, the motivation to complete tasks increases. Companies Offering Flexibility Amazon made headlines across the business world with its announcement of a 30-hour work week pilot program in 2016. In an effort to restore work-life balance, especially after a New York Times article claimed that Amazon pushed their employees to work day and night, the policy sought to offer flexibility and encourage more creativity. Even before Amazon made its move, audit firm KPMG was already offering 4-day work weeks to increase morale and productivity among its employees. The program wasn’t available to all employees and managers had final discretion for whom it would be offered. Project management company Basecamp offers a 4-day work week for employees who’ve been on staff for at least a year. May through September is the only time of year employees can take this option and they only have to work four 8-hour days. The CEO of the advertising agency, SteelHouse, implemented a program that gives employees a 3-day weekend every month of the year. Many months already have a 3-day weekend due to certain holidays. For those months that don’t, the company offers “SteelHouse Days” on either a Monday or Friday. In Germany, IG Metall, the country’s largest metalworker’s union, recently struck a deal to reduce their work week to 28 hours. In an effort to allow more time at home for those with younger children, the move will also allow companies to offer more 40-hour week contracts to others as needed. The deal is expected to reverberate throughout the EU with more businesses considering the same. According to The Guardian’s report in 2011, employees in EU countries work considerably less than in the U.S. Luxembourg, for example, reveals the highest productivity at only working 29 hours on average per week. Lessons Learned from Executives Since a shorter, or compressed, work week has already been piloted in many organizations, executives can share best practices for implementing the program. Concerns were mainly around state labor laws, wage laws, vacation days and holidays. For instance, in California, overtime begins after an employee works 8 hours in a single day. Management must also lead the charge and allow the individual to take a 3-day weekend without work expectations such as being scheduled for a meeting on their day off. If possible, start small and monitor productivity before rolling out the program company-wide. There are several flexible options for making a reduced work week possible including: Four 10-hour work days Summer Fridays One 3-day weekend every month Staggering or rotating schedules so the business can operate 5 days a week if required Allowing employees to come in earlier rather than staying later In a tight labor market where applicants have more than one job offer on the table, employers are offering even more impressive perks like reimbursement for vacations.  It’s no surprise that job seekers are doing their research and being choosy about where they land. Considering reduced work weeks and 3-day weekends, even if it’s only part of the time, is one benefit that is very attractive.

  News of the General Data Protection Regulation (GDPR) has been floating in our peripherals since it was passed by the European Parliament back in 2016, but as of May 25, 2018, the privacy-focused piece of legislation will finally go into effect. And, though it’s specifically designed for those in the EU, American business owners are not exempt from impact. As an American business owner with your own set of privacy rules and regulations to contend with, the GDPR may not seem like much of a concern. However, since the regulations impact all organizations that process or hold EU customer data, any American business that falls into that category (i.e., businesses that have a web presence and/or sells their products to citizens within the EU) will need to comply. You’ll note that “web presence” was included, not just the notion of selling products or services. That’s specifically because of stipulations that focus on the collection of personal data, not just monetary transactions So, any organization that collects identifiable information (PII), which includes social security numbers, phone number, salary, race, marital status, military rank or civilian grade, age, medical records etc., from EU citizens will need to be in compliance. Top GDPR Takeaways for Small Businesses You know what the GDPR is, generally, but what specific things will be required of businesses? Here are a few of the most significant regulations and considerations that you’ll need to take into account if you want to be in compliance. Seventy-two-hour breach notification:  Just like it sounds, any organization or company that detects a customer data breach must notify the national authorities within seventy-two hours of that breach, and in some cases, customer notification must also take place. Consent for data is a must: Companies and organization must obtain explicit and informed consent when collecting and/or processing data from individuals, even if it’s something as simple as an email list. Explicit consent should be used if an organization wants to validate the sensitive data for use. Additionally, the consent must be achieved with a clear affirmative action, which means that those companies can no longer use “opt-out” or pre-checked boxes to achieve that consent. Further, consent requests must be separate from terms and conditions; cannot, in most cases, be a contingency for signing up; must be granular or designed in such a way that consent is specific to each type of processing; and named, meaning the individual must be made aware of what organizations or third-parties rely on that consent. Finally, organizations must document the aforementioned consent, including the specific consent requested/provided and when that consent took place, individuals must have the right to withdraw their consent at any time, and organizations must provide information about how an individual can withdraw their consent as well as an easy path to do so.   The right to be forgotten: organizations and businesses must comply with a request by an individual to “be forgotten” or to have a copy of their data.  Though simplistic in theory, the right to be forgotten will require that all organizations be able to delete not only primary data but also any data duplications, be they due to operational processes (i.e., cloud storage backup) or unspecified employee lead duplication.  This will require universal conversations and policies among all departments and employees who can access, copy or otherwise maintain customer data. Any data processed for a child under sixteen is considered unlawful if there is no prior parental consent; however, states within the EU can opt to reduce that age, with 13 years of age representing the cutoff. The aforementioned are just a few of the more specific requirements that business owners must meet if they want to become compliant with the GDPR.  Some of these requirements may take a few weeks (or months) to plan and execute, and so, as mentioned above, it’s best to start as soon as possible if you haven’t already. To get started, or make sure your efforts are aligned with expectations, considering the following steps. Analyze your current data processes; this includes how you obtain data as well as how you process and maintain that data. If you don’t have one already, you should have a Personal Information Assessment (PIA), and in some cases, you may need a Data Protection Impact Assessment. Work with your legal department to fully understand and address the GDPR requirements (like the DPIA; however, efforts should extend past legal departments or consultants and include contact with multiple departments, including IT, Marketing, and Finance, as many are directly involved or involved. Create a plan, not only for immediate compliance, but for long-term data procurement, management, and processing.  The end result should be a data privacy and security plan that can act as guidance for the future operations as well as documentation for compliance. Companies that don’t comply (or document that compliance) with the GDPR face substantial fines of up to four percent of global revenues. And while that amount can be damaging to any organization, small businesses that depend on every cent may suffer the most from non-compliance. During the next little while, your time will be especially precious as you work to ensure your business is compliant. The average business owner spends 33 hours applying for credit, you can save that time by checking with Nav. If you’re not currently compliant and the May 25th date is giving you anxiety, take a deep breath. Garnter, Inc. suggests that by the end of 2018, more than fifty percent of American businesses will be non-compliant.  Of course, that doesn’t mean that herd mentality will protect you from non-compliance in the event of a data breach – we all know how frequent they are these days.  For that reason, it’s important to address the issue immediately and take the steps required to meet GDPA requirements More from Nav The Best Small Business Checking Accounts Your Ultimate Guide to Small Business Loans What Is Cash Flow This article originally appeared on Nav.com. Jennifer is a alum of the University of Denver. While in the graduate program there, she enjoyed spending time identifying ways in which non-profits and small businesses could develop into strong and profitable organizations that while promoting strong community growth. She also enjoys finding unique ways for freelancers and start-up businesses to reach and expand their goals. More by Jennifer Lobb

Experian Business Information Services has been honoring Veteran Entrepreneurs in the month of May on the Small Business Matters blog featuring a series of posts highlighting military veterans who went into business for themselves. We asked them about making the transition from military to small business, what challenges they faced, and how their career in the service prepared them to run their own small businesses. A common thread among the veteran entrepreneurs we’ve interviewed for this series is family. They came from a military family, they built a family with those who work in their business, or they left active duty to spend more time with their family. To these veterans, it is an honor and duty to serve their country. They show the same commitment and respect to those closest to them. With a family legacy of military service, entrepreneurship and a “passion to serve”, this veteran honors his heritage by sharing his story, starting with his father’s choice to join the Army. In his late teens, Blake Vaughn’s father was involved in a deadly bar fight. When he was given the choice to go to prison or join the Army, he chose to serve. He left the military early to take care of his ailing parents, and, after his parents died, he took in his siblings as well. He soon started his own family and worked for the post office before going into business for himself. In 26 years, he grew his business from nothing into a multi-million-dollar company. Between the 2001 recession and a divorce, the family suffered multiple setbacks, including foreclosure on their home. After the divorce, Blake, still, a teenager, decided he needed to do something to help lift his family out of poverty and help his mother put food on the table. He decided to follow in the footsteps of his father, grandfather, uncles, and brother and join the military. What did you like most about serving in the U.S. Military? “Serving my country and building strong relationships with people. On a personal level, it’s fulfilling to know you’re participating in something greater than yourself. I feel weird and undeserving when someone says, “thank you for serving.” I think of my brother… his vehicle was destroyed by an IED. Thankfully, nobody got hurt. I don’t like to compare the two of us but at the same time, I at least participated in the security of the country. I’ve always had a huge love for our history, values, the Constitution and our country. My wife homeschools our son and part of that is history… so from the perspective of serving in the military, sharing that with my son is cool. The most enjoyable part is the people and the camaraderie. I was a junior officer, so I learned the leadership that comes with that. I’m a big fan of leadership and personal development. As a leader, people don’t care how much you know until they know how much you care. I am more interested in getting to know people first and building relationships and letting them shine. By doing that, I had some excellent relationships with those guys I led. I still have great relationships with them.” What inspired you to make the transition to entrepreneurship? “My father was a veteran and entrepreneur. He was given the choice to go to prison or go to the army after a bar fight. He chose to serve and straightened up his life. He got out and worked for a little while until he decided to start his own business. He built a $12 million business and then lost it after 20+ years. I wanted to serve just as my father, grandfather, several uncles, and brother did as well, but I also wanted to pursue entrepreneurship because I saw the satisfaction that comes from creating something for your family.” Blake worked through college earning his MBA in marketing while waiting to go into the military. Due to delays in his selection process and a government sequester, it took many years before Blake was finally able to attend officer candidate school in the Navy. He served as a gunnery/ordnance officer on the USS CHAFEE in Hawaii before exiting with an honorable discharge into the reserves. In that time, he also married his college sweetheart, whose first husband had passed away and left her with a 1-year-old son. Between his time working through college and after leaving the military, he “bounced around to all areas of business”, working various customer service, finance and hospitality jobs before finally taking the entrepreneurship leap. Tell us about your business. “We started our first business, a restoration franchise in August 2016, handling water and fire damage. Our second business, Patriot Services Construction, started in May of 2017. In our first calendar year, we generated $1.1 million in gross revenue. For our 2nd full year, we hope to close over $2M. We’re also adding roofing to our services.” Blake’s business can be found online here: Restore NTX LLC & Patriot Services LLC What skills from your military career do you apply most often to your business? “Administrative, risk assessment and management, program management, leadership, motivation, inspection, and accountability. It (the military) was extremely grueling work. Only about 2% is cool. The other 98% is mundane repetitive tasks. It can tear you down, so you have to keep focused and motivated to do what’s necessary because if the country calls on you, you have to be ready. I find fulfillment from motivating people and that allowed me to press harder and stay focused. It was a great learning experience for me.” Did you access Government programs to launch your business such as SBA loans? “Yes, we did get an SBA 7A loan for $110K when we first started. We combined that with personal funds and I took on a partner when we started - a guy I know from church named Jeff Lott. We both wanted financial freedom and control of our time. We partnered together to buy vehicles and equipment to launch our business. There’s a book called Rocket Fuel that talks about the combination of visionaries and integrators when building a business. The book is good. I’m a visionary. I look for new revenue sources and he’s the integrator. We compliment each other in business. We’ve found a really good spot. It’s been an excellent partnership.” What is the biggest challenge about being an entrepreneur? “Facing the unknown and taking risks that could cost us greatly. I took away from the military, and my time during training especially, that you’re used to having pleasures in life, being comfortable, and they strip that away… 6 months living out of a backpack. You learn perseverance. You don’t need a lot to live. It allows you to lay it all on the line when you do have challenges. Entrepreneurs, when failure looks like it could happen, they begin to backtrack. Several people I know went back to their corporate jobs. You have to define what is essential and get rid of everything else that doesn’t take you closer to what’s important to you. It’s a challenge… “what if we fail”. Jeff and I didn’t have experience. In our industry, people typically use a direct sales force to get off the ground, build relationships with trade partners to refer work. We tried that and it didn’t get off the ground. Instead of getting scared, we looked into internet marketing instead. We shifted heavily into internet marketing. We have no salespeople whatsoever and 90% of our business now comes from internet marketing.  Creating the right mindset is most important, and being willing to take a risk is part of that. As Grant Cordone says, “Commit first and figure it out later.” We also try to automate our business as best we can, taking advice from Tim Ferris’ 4 Hour Work Week. What is the greatest reward in being an entrepreneur? “Our technicians do hard work and their mindset is serving people, not just making money. It was nice to volunteer a short time in Houston after Hurricane Harvey and tracking through the disaster to help with recovery. We didn’t need to be directed. We knew what to do so we just got to work helping those folks. There’s also satisfaction in creating something important and it’s nice to have more freedom to enjoy life.”