Lawyer Versus Debt Collection Agency: Collecting on Bad Business Debt

If you have exhausted all of the usual methods used to collect on an outstanding business debt (letter writing, phone calls, and meetings) it’s time to call in the “big guns.” Generally, businesses seeking to recover some part of their delinquent accounts will either enlist the services of a debt collection agency or hire a lawyer who specializes in debt collection.

 

Which is the best way to go? The answer is that it depends. Many companies turn to a collection agency to collect their unpaid debt. The cost for the agency’s services depends on how much business is being brought in as well as the amount of debt that needs to be collected. Fees typically range from about 25% to 30% percent of the amount collected; though some agencies demand a split down the middle.

The main advantage to going with a debt collection agency is that they shoulder the burden of sending collection letters, making calls, and negotiating payment without charging the more exorbitant fees of an attorney. Business owners and their employees are thus free to focus on the important things- like running a business. Moreover, business owners who put an effort into finding a collection agency with a proven track record, can also take advantage of their experience in getting debtors to pay up. As a whole, the debt collection industry is growing and businesses on average can expect to see about a 20%-30% recovery on bad debt.

What about lawyers who specialize in debt collection? Choosing to go with an attorney can actually be more effective than a collection agency, especially in cases where legal action is a serious option. Most attorneys charge a minimum fee or require that the debt be of a minimum amount. If a business owner decides to take the debt to court, the attorney’s fees will be added to any court-related fees and charges connected with the lawsuit.

Many companies hire attorneys only after a chosen collection agency has failed them because they assumed the collection agency would be the cheaper option. But this is not always the case. While sometimes debt is quickly collected after a collection agency is brought in, the debt collection process can often be complicated and drawn out. In many cases it may be simpler to just hire a lawyer and go to court. Business owners should keep in mind, however, that if they are not planning to take delinquent customers to court, then they don’t need to hire an attorney.

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(Very) Last Minute Tax Tips For Unprofitable Businesses

Though there have been a few indications as of late that our economic situation is starting to lighten up (a bit), the truth is that for many small businesses, 2010 has been a hard year. When “hard” spells not profitable, knowing how to handle your taxes properly is essential. Many small business owners may not be aware that declaring a net loss has important tax consequences. Any business that declares a loss in more than two out of the past five years can be re-classified by the IRS as a hobby, and “hobbies,” unlike businesses are not eligible for tax breaks.

 

If you are just waking up to this fact, then there may still be some things you can do even within the last week of the year, depending on the extent of your loss:

  • See if you can capitalize on some holiday cheer by speaking with vendors and other creditors about deferring some of your business’ debts.
  • Meanwhile, you could try some last minute efforts to collect on any outstanding debts to your business- even partial payments may help ease the situation.
  • Try to unload any unused or unneeded inventory by selling it on eBay or Craigslist
  • Make sure to mail any checks for deductible purchases, business expenses and write-offs so that they are postmarked by midnight on Dec. 31.
  • Talk to an accountant or CPA to ensure that you are either writing off equipment purchases or depreciating them in the way most beneficial to your particular situation.

Over 20 Puzzling and Bizarre State Taxes

The first decade of the 21st century is coming to end; it’s a decade that will undoubtedly be remembered for the recession-weary economy and strained consumer budgets that have grabbed the headlines over the past few years. But average consumers have not been the only ones trying to scrape by. Even before the emerging economic difficulties had been officially labeled a “recession,” State governments have been busy trying to bring in extra revenue to cover their growing deficits. Some of their efforts have been puzzling at best, downright weird at the other end, and often problematic for smaller businesses everywhere in between.

Here is a collection of over 20 of the most bizarre state taxes are either currently in effect or were considered over the past few years:

If You Can’t Beat Them… Tax Them!

 

Recognizing that taxing people’s vices can be quite a lucrative arrangement, state governments have been expanding their so-called “sin taxes.” Here are a few notable tax arrangements:

Fountain Soda Drink Tax

If you ever go to Chicago, buy your soda in a can. If you buy the drink from a fountain, you will end up paying a 9% tax. Buy the same soda in a bottle or a can, and it’s only 3%.

 

Candy Tax Confusion 

In June of last year, legislation that made candy without flour taxable went into effect in Washington State. Shortly before the legislation was enacted, the Washington Department of Revenue posted a list online with some 3,000 items that would be subject to the tax. On the list were the likes of Three Musketeers, Starburst, and M&M’s, whereas candies without flour, including Twizzlers, MilkyWay and Nestle’s Crunch remained exempt. The law stirred up so much debate and confusion, however, that it was eventually repealed six months later.

 

Expensive Playing Cards

The price of a deck of playing cards will cost you 10 cents more in the state of Alabama thanks to a tax levied on the purchase of a deck that contains “no more than 54 cards.”

 

Illegal Drugs

Almost half of all US states enforce a tax on illegal drugs. That’s right, those who get their hands on some marijuana and other illegal substances are legally required to purchase and affix state-issued stamps on their stash. The total tax obligation is determined by the quantity of illegal drugs in possession. Though most of these taxes are “recouped” when the police make an arrest, people actually have the option of heading down to the State Department of Revenue and the paying the tax so they can receive stamps to affix to their illegal drugs! Not surprisingly, according to state records, takers are few.

 

The Less They Wear, The More Your Fare

Several states including Texas, Utah, Florida, and New York, have already levied or are considering levying taxes on the patrons of gentleman’s clubs, exotic dance parlors and all other places where nude or partially nude people work. The body of legislation, known as a “pole” tax, first appeared in Texas in 2007, and has since generated some $13 million in revenue for the Lone Star State that is designated to fund sexual assault programs. There’s one small problem, however, a judge recently ruled that the tax limits the free speech of the strippers, exotic dances, and other “sex workers”and the matter has been turned over to the high courts. Currently, the money is sitting in an account pending the outcome.

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The Brothel Tax

In March of 2009, a Las Vegas Democrat proposed tacking a $5 surcharge on every “date” within any of the state’s legalized bordellos- a move that would result in an estimated $2 million dollars in annual revenue. With numbers like that there’s little wonder why state officials would be eying this industry. Moreover, the Nevada Brothel Owner’s Association is in support of the tax and has for years volunteered to pay some sort of state fee, much like the state’s gaming industry. In the end, however, state lawmakers got cold feet and the proposal was dropped a year later.

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What Were They Thinking?…

 

Travel Taxes

Last year, numerous states began to target out of town tourists and business travelers as a source of new revenue with a series of hotel taxes, car rental fees, and other travel-related charges. Popular tourist attractions, in particular, have taken a beating. Outraged travelers and small business owners have been quick to point out that all these impositions are coming at a time when travel should be encouraged.

 

Pennsylvania Taxes Air

According to the Pennsylvania Department of Revenue, sales from compressed air vending machines and vacuuming vending machines, those used to blow up tires and clean out cars, are both subject to sales and use tax.

Pet Tax

Residents of Durham County in North Carolina have to pay more for their fury friends. According to the Durham County Animal Ordinance, local cat and dog owners with pets four months or older are subject to a $10 tax per animal. If the pets have not been “altered,”the tax jumps to $75.

 

Go to Court, Get Taxed

In the State of Tennessee, adults involved in criminal or civil court proceedings may also end up having to pay a $25 litigation tax.

Skip the Meal; Just Get Dessert

In California, when it comes to the sales tax on food, cold foods are usually exempt from taxes, unless they are purchased from a vending machine. Foods that are usually prepared hot are taxable, unless you’re buying a fresh-baked item or coffee, which are both tax-exempt.

The Home of Double Taxation

In celebration of America’s independence, businesses selling sparklers, fire crackers and other related items have the privilege of tacking on a special 4th of July sales tax in addition to the 6% sales tax already in effect.

 

Tax the Rich; Steal from the Poor

Promoted as an effort to spread the distribution of wealth by making the rich pay their “fair share,” the State of Kansas is trying to bring in about $350 million a year by exclusively taxing high-end services including, limousine and hot air balloon rides, golf green fees, private landscaping, and professional laundry services. Opponents of the bill, however, raised concerns that the additional taxes will stifle the small businesses that provide these high-end services.

Hot Air Balloon Tax

In Kansas, a debate recently ensued regarding how to classify hot air balloon rides in order to determine if the pricey pastime should be subject to the state’s amusement tax. In the end, hot air balloon flights were exempted- but only if you have somewhere to go, even it is no where in particular. According to the Kansas Department of Revenue, “Under the Anti-Head Tax Act, 29 U.S.C. Section 40116, states and local jurisdictions are prohibited from imposing fees and charges on airlines and other airport users. The department determined that un-tethered balloon rides where the balloon is actually piloted somewhere “some distance downwind from the launching point” would be considered carrying passengers in air commerce and would be pre-empted by the law. However, state sales tax can be imposed on tethered balloon rides.”

Things That Make You Go Hmmm…

 

The Cost of Carving

If you go to buy a pumpkin in Iowa, Pennsylvania, or New Jersey in order to carve a Halloween jack-o-lantern you’ll pay sales tax; buy the same pumpkin to eat, and you pay nothing. What if you buy a pumpkin to carve, but what to roast it’s seeds to eat afterward?

 

One Last Tax Break

In the State of Ohio, if you go to a salon and have someone put makeup on you, the transaction is taxable; at a funeral parlor, however, the deceased can have their faces done tax-free.

The 100 Years Income Tax Deduction

Many people spend some of their retirement years working a small job on the side, whether to earn a little money or pursue a hobby. But in the State of New Mexico, there is even more incentive to work in one’s golden years: anyone 100 years and older is exempt from paying income tax; centenarians can also not be claimed as a dependent.

Sales Tax “Holiday’s Questionable List

In order to encourage spending, several states hold a “tax holiday” on school supplies and clothing at some point towards the end of the summer. Inevitably, some unusual items find their way on to this list. The State of Florida, for example, exempts bowling shoes, fanny packs, leg warmers, shoulder pads, ski suits, hunting vests, and adult diapers, but curiously leaves out staplers and computer paper. In Texas, football and baseball jerseys are tax exempt, but not pads, helmets, pants and other sports gear. Belts are exempt from the tax, but belt buckles are not. Cowboy boots and hiking boots are also tax free, but rubber boots and climbing boots remain taxable. 

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Don’t Drink and Drive… At Least Not in Colorado

The State of Colorado recently eliminated an exemption for non-essential food items and packaging provided with the purchase of food and beverages. Flash: cups are considered essential, lids are not.

Body Art Tax

If you live in the State of Arkansas the price of tattoos, body piercings and electrolysis is subject to a 6% sales tax alongside several other services, such as boat storage and pet grooming.

 

It’s an emergency? Let’s fly!

If you are in South Dakota and need an ambulance, you’ll pay tax for the service. However, if you should need air transportation to a far away medical center, your air ambulance flight is exempt.

The Bagel Tax

Some New York City residents were in an uproar recently when the city decided to enforce a tax law requiring bagel vendors to tack on an 8-cent fee for customers who ordered a sliced bagel. To make matters worse, adding toppings, such as cream cheese, increases the sales tax. So, say you buy a whole bagel, walk outside the shop, and start eating it on the street, it is exempt from tax. But, if you purchase that same bagel and eat it in the bagel shop (even without cream cheese), the vendor is required by law to add the sales tax to the purchase price. When the law was originally put into effect, many vendors chose to ignore it- that was until a city-wide audit struck 2,500 restaurants.

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5 Office Gifts to Get for Your Employees

Don’t leave your employees off your holiday gift list! Take advantage of the holiday deals and update your office with the latest in business technology. New software and business tools will revamp the office energy, and may even boost business productivity.

Here are the top five business tools employees are adding to their wish list:

Office Laptops

Have you thought about purchasing a few laptops for the office? Well, you should really consider it now, especially when prices are so low. Work laptops allow your employees to take their work home, on business trips or around the office. If your employees have limited access to work materials outside the office, they run the risk of falling behind in their work during flu season or bad weather.

 

Make sure your employees stay on schedule by offering them a variety of way to connect to the office. Buying a laptop is the first step.

Phone Systems

Make sure your office is up to date with the latest in telecom technology. There are three major types of business phone systems on the market today: key systems, Private Branch Exchange (PBX) systems, and KSU-less phones. The fourth type of phone system uses Voice over IP (VoIP) technology to route your internal calls over data networks.

 

The best phone system can improve business productivity by helping you connect to your employees or for prospective clients to connect to you – in the best way.

Microsoft Office 2010

This new software is the first step in performing every-day business tasks with ease and accuracy. The software has new data analysis and visualization features in Excel, more vibrant graphics in PowerPoint, and better connectivity options including Microsoft Office Mobile.

 

 

If you still have senior employees using Microsoft 2003, updating everyone to the same software edition will make their lives easier and work more accurate. For more information on the software, read the top 10 reasons why you should try Office 2010 on Microsoft’s website.

Ergonomic Accessories

Making sure your employees are healthy and fit should be one of your number one concerns. Although you can’t make them eat an apple every day, you can make sure they are “healthy workers.”

 

You can do so by purchasing the latest in ergonomic supplies: gel mouse pads, ergonomic keyboards, arm rests and exercise balls. These supplies will help your employees stay comfortable, as well as healthy.

There are hundreds of studies describing the health risks of having a desk job, so make an effort to decrease these risks at your office. Remember, a healthy worker is a happy worker.

Notebooks and Planners

If you don’t have a large budget, purchasing notebooks and planners is the way to go. Notebooks and daily planners help you and your employees stay organized and on schedule.

 

A basic notebook where your employees can scribble notes down costs around $5. The most intricate planner with a 12 month calendar, quarter-hourly appointments page, daily or weekday schedule, and additional notes page costs around $30.

Your employees will appreciate the thought, and the chance to start their New Year with a fresh page. It’s the season to be giving, and your employees are the most deserving.

Crowdfunding Can be Used for Market Research Too

Over the past couple of years, crowdfunding has emerged as a quick and agile way to raise money- whether for a new business, charity, or artistic project. While many have been quick to point out the various “side benefits” of turning to the online community for funding, such as generating customer interest and building brand loyalty, one under-emphasized aspect of crowdfunding is that it provides a virtual litmus test of the success of a potential business or idea.

What is Crowdfunding?

Crowdfunding is a method of raising funds for a business venture or a project by requesting a small amount of money from a large number of people (in this case internet users). By tapping into the power of the internet, entrepreneurs can pitch their ideas to a large group of people, who, if interested will respond by donating money to help them reach their target.

 

Unlike more traditional forms of business capital, the money raised through crowdfunding is not directly repaid. Recipients instead may offer their investors a specified item or service in exchange, such as a free sample of their product or an advance copy of a CD. In some, crowdfunding models, such as the one supported by Sellaband, where people invest in music artists and bands, investors also get a cut of the artist’s future sales revenues.

How Can Crowdfunding Be Used for Market Research?

Crowdfunding presents your business idea to the public during the initial planning stages. Not only does it raise funds, but it also raises product and brand awareness. Entrepreneurs can utilize established social fundraising platforms, see what the response is, and then have a general idea of what the market demand will be. Moreover, with some sites, such as kickstarter.com, funds are only given out once the full requested amount has been raised. It thus creates a virtually risk-free situation for the entrepreneur or artist.

Where a crowdfunding attempt is unsuccessful, entrepreneurs can poll online users to determine where the problem may lie. Perhaps they need to be building more of an online reputation, or maybe the product needs to be tweaked, and it also could be that the product is just not a viable idea and should be scrapped.

Whatever the case, crowdfunding is proving to be a powerful tool, not just in terms of raising money, but also as a way to help weed out those business ideas that will float, and those that won’t.

New Research Changes Rules of Business Communication

New research about possible hormonal reactions to social networking has big repercussions for small businesses. In a preliminary study (chronicled here), Dr. Paul J. Zak, aka “Dr. Love,” has found that levels of oxytocin, which creates feelings of trust, spike during Facebook, Twitter, and blog use. Businesses can capitalize on this finding to enhance customer satisfaction and expand their customer base.

 

Dr. Zak’s previous studies isolated oxytocin as the hormone that stimulates empathy, trust, and generosity. Humans typically release more oxytocin during positive social interactions, such as when hanging out with friends. The oxytocin they release increases their sense of trust, further cementing relationships.

Now, by taking blood samples before and after subjects’ social media use, Dr. Zak has shown that oxytocin floods the blood of social media users. His findings connote that feeling of connectedness and trust are equal in virtual relationships and actual relationships.

How can businesses utilize this research to communicate with customers?

1. Build up trust with existing customers. Businesses can use social media to interact with customers. Because people are more likely to trust those business that make information available online (thanks to oxytocin), businesses that communicate through Twitter and Facebook seem more trustworthy.

Frequent Facebook and Twitter posts to a customer base increase trust in your business, increasing the likelihood that existing customers will recommend your business to others.

 2. Build a fan base. Satisfied customers can spread word of their approval to hundreds of friends at a time via social media. Use Foursquare promotions to bolster customers to publicize your business. Campaign to have existing customers click “like” on your Facebook page. Creatively pursue venues, such as interesting blogs, that encourage customers to spread information about your business to their friends.

3. Monitor online image. Nowadays, disgruntled customers don’t just write letters of complaint to the CEO. They quickly and efficiently broadcast their discontent to all their Facebook and Twitter followers, and in some cases, their blog readers.

Companies, recognizing the extent to which clients trust social media communications, have to be on the alert for negative posts. Once they notice online badmouthing, they have to act quickly to resolve dissatisfied customers’ grievances in order to save their image.

Personal Computer Use at Work = Unproductive, Dangerous

With the holiday shopping season upon us, workers who have access to their employer’s computers will likely spend work time bargain-hunting and shopping online, exposing the business to computer-based viruses and hacks as well as lost productivity.

 

A recent study conducted by the global non profit information systems association ISACA revealed that nearly 40% of business and IT leaders believe that employees will spend more time shopping online at their computers than they did a year ago.

 

Holiday Productivity to be Compromised

 

The ISACA survey found that during the holiday season 63% of business leaders think that employees will spend 3 hours of more shopping online during company time, and 25% think that employees will spend more than 9 hours or one working day shopping online. This translates to a loss of over £600 per employee, though in some cases this could be as high as £8,500 per employee.

 

How Businesses are Responding

 

Many companies have pre-empted the holiday-based online activity with company-wide internet usage policies. According to the study, 14% of organisations limit personal use to non-working hours, such as during lunch or before and after the workday, and 31% of companies restrict access to certain sites, whereas only 9% prevent online shopping at all.

 

In the case of restricting social networking, only 23% of organisations ban their employees from using social networking sites for personal use, 9% limit usage to non-working hours and 28% prevent access to certain sites.

 

Online Security to be Compromised

 

In the ISACA study, business leaders from across Europe highlighted the following activities related to online shopping as being the highest risk for their companies:

  • Clicking on links in e-mail messages from unknown senders to access online shopping sites (42%)

  • Accessing social networking sites for personal use from work-supplied computers or smart phones (32%)

  • Using mobile shopping applications on work-supplied devices (30%)

  • Downloading personal files, including music (56%)

  • Losing a work-supplied computer or smart phone— (68%)

 

How Businesses are Responding

According to the study, 73% of European businesses now have a security policy that covers mobile devices and 48% of companies regularly educate their employees about securing their work-related and personal mobile devices.

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What are the Employer’s Responsibilities in a Wage Garnishment?

As an employer, dealing with a wage garnishment can be a difficult and awkward task. When the business is small and employee relationships have been cultivated, then having to be in the middle of a wage garnishment is all the more uncomfortable. The following is a brief guide to the wage garnishment process including what to expect and what your responsibilities are.

 

What is Wage Garnishment?

In a wage garnishment, the employer receives a court order to garner a worker’s wages since the worker has incurred debts that must be repaid. Common debts that require wage garnishment include: alimony payments, student loan repayments, unpaid child support and taxes. Most wage garnishments are from court orders though some may be issued from the Internal Revenue Service or State Tax Collection Agency.

The Employee’s Legal Responsibilities

In the event of receiving notification that you have to garner employee’s wages, You should inform the employee in question. You will receive a ‘wage garnishment package’ with all the information that you need to know including calculating the amount of the wages you have to garnish and where to send the money to. You will need to complete and return the form within 20 days to avoid potential civil and criminal liability.

Calculating Wage Garnishment

The garnished amount may not exceed 25 percent of the employee’s disposable earnings, or the amount by which his or her disposable income exceeds 30 times the federal minimum wage. The exact calculations and information will be provided in the wage garnishment package.

Types of Compensation That Fall Under Wage Garnishment

The provisions of the Consumer Credit Protection Act governing wage garnishment apply to all employers and employees who earn compensation for personal services. Wages, salaries, commissions, bonuses, and pension and retirement plan payments are all considered to be compensation for purposes of wage garnishments. Tips, however, are usually not considered earnings in the case of wage garnishment.

After Wage Garnishment

When the wage garnishment is finished and the employee has paid off all his debt the employer will be notified by letter from the creditor. The document is called a Notice of Termination of Wage Garnishment Order. At this point the employer has the legal requirement to stop deducting the employee’s pay and immediately return the worker to his or her full pay.

How to Fix Errors on Your Business Credit Report

Credit report inaccuracies can wreak havoc on your business’ credit score- and when they do the result can be disastrous. A business’ credit score is generally the deciding factor in the approval of most business loans and business financing. Moreover, prospective business partners, investors, and clients all may consider your business’ credit rating when deciding whether or not to enter into a transaction with you.

 

How can you reinstate your credit rating if you find errors? Here are some steps you can take to quickly contain and repair the damage:

  1. Ask for a copy of your credit report – If you think there are mistakes in your credit report, the obvious first step is get a copy of it. Ask for copies of your credit report from all three of the major credit bureaus (Experian, Equifax, and Transunion). They may be receiving different reporting data from your creditors.
  2. Be aware of the way errors can be created – There are various ways that errors can appear in your credit report. Sometimes computer errors cause creditors to send inaccurate information to the credit bureaus. At other times an inaccurate security number can cause a mix-up in identities, with you getting someone else’s credit score. The third possibility is that you are the victim of identity theft.
  3. Carefully check your credit report – You can examine your credit report after ordering a free annual report from all three major credit bureaus. Check it carefully for errors. Make sure that credit information of other family members is not mixed up with yours. And be aware that information that is over 7 years old can be removed. If you find errors, make a list of them.
  4. Contact the credit bureau reporting the inaccuracy – Call the credit bureau and report the inaccuracy. You may also want to prepare a letter with your name and address, state the item in dispute and explain why it is inaccurate. Then request a correction. Be sure to enclose photocopies of documents supporting your position.
  5. Contact the creditor – If the mistake is still in dispute between you and the credit bureau, notify the creditor himself that you are disputing him. Send him copies of all the documents you already sent to the credit bureau. From this point on, the creditor is obligated to include a notice of your dispute every time it reports this information to a credit bureau.
  6. Consider contacting a lawyer – If your findings are serious, it may be advisable to seek legal assistance.

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Increased Consumer Spending: Better Times Ahead?

Reports from Thanksgiving weekend carried good news: promotions and special deals persuaded consumers to open their wallets on Black Friday and Cyber Monday. Americans’ willingness to buy could indicate a subtle turn-around among recession-weary consumers- a trend that could translate to better economic conditions down the road.

 

On Thanksgiving Day and Black Friday, online shoppers spent 15% more than they had a year earlier. On Cyber Monday, they spent 20% more than the previous year’s figures.

Free shipping offers and deep discounts are credited with spurring consumers to shop. Online merchants, who account for 8-10% of retail sales, are steadily improving sales tactics that encourage impulse buys, such as time-limited offers. They have also been taking advantage of social media sites, like Twitter, to advertise their specials.

Online retailers are hopeful that consumers will continue spending until Christmas arrives. As shipping deadlines for Christmas delivery near, there is usually a sharp boost in shopping activity.

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