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July 2016

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<strong>July</strong> <strong>2016</strong><br />

THE VALLEY BUSINESS JOURNAL<br />

www.TheValleyBusinessJournal.com<br />

Funding For Your Business – A New Approach<br />

MONEY<br />

by<br />

Ted Saul<br />

Sr. Staff Writer<br />

Raising money for a non-profit<br />

organization used to require a variety<br />

of activities that might include phone<br />

soliciting, mailing letters or asking<br />

for funds through the media. These<br />

time-consuming tasks can end up being<br />

a full time job. But with the introduction<br />

of fund-raising websites such as FundRazr,<br />

FirstGiving and DonorsChoose<br />

the process has become much easier. At<br />

these sites, a donor can easily invest in<br />

the non-profit of their choice.<br />

The passing of the JOBS Act of 2012<br />

opened up the opportunity to finance<br />

businesses in a similar manner through<br />

investment crowdfunding. This means<br />

that if you are looking to fund a startup or<br />

raise capital to expand a business there is<br />

now direct access to investors. Sites such<br />

as AngelList, Early Shares and RockThe-<br />

Post give you the opportunity to put your<br />

business on display for those looking for<br />

a good investment.<br />

While the documentation requirements<br />

may vary from site to site, a<br />

fifty page business plan probably won’t<br />

be required. However you will want<br />

to take time to develop a proposal to<br />

cover certain points. Start with an eye<br />

catching summary of your plans. Keep<br />

in mind that you are probably up against<br />

many others so write in such a way to<br />

capture the reader and make them want<br />

to read further. Telling the story clearly<br />

is important and having it proofed is a<br />

good idea as well. Better yet, have the<br />

project reviewed by a third party to see<br />

if they can grasp your objectives.<br />

Secondly, let the reader know<br />

19<br />

about you and other founders. Include<br />

relevant background information that<br />

builds creditability and demonstrate<br />

that you will be able to lead the business<br />

to success. Thirdly, give the reader<br />

reasons why they should invest in your<br />

company. Include marketing plans for<br />

the products or services. Explain how<br />

customers will be attracted and the<br />

plans to build a customer base. Also,<br />

identify your niche market and why you<br />

will be different from competitors. Finally<br />

share who is on your startup team<br />

including key partners and consultants.<br />

If traditional funding attempts haven’t<br />

worked, try this new approach. As<br />

usual use your favorite search engine to<br />

find a complete list of sites available. Be<br />

sure to do your homework and perform<br />

complete background research.<br />

Ted Saul is a business coach that assists<br />

with Business Plans and Project Management.<br />

He holds a master certificate<br />

in project management and has earned<br />

his MBA from Regis University. Ted<br />

can be reached on LinkedIn, TedS787<br />

on Twitter or emailing Ted@tsaul.com.<br />

The Individual Need for Disability Insurance<br />

MONEY<br />

by by<br />

Julie Steve Ngo Fillingim<br />

Many people believe that their biggest<br />

asset is their home. For most of us,<br />

our biggest asset is the ability to work<br />

and earn an income. Not being able to<br />

work – due to a job loss or a disability<br />

having taken away the ability to work<br />

is often financially devastating.<br />

Everyone who works for a living is<br />

familiar with what can happen if they<br />

lose their job. On the other hand, the<br />

possibility of a serious disability is a<br />

risk few seem to consider. How likely<br />

is it that you will become seriously disabled?<br />

According to one study, 30%<br />

of all Americans between the ages of<br />

35 and 65 suffered a disability lasting<br />

at least 90 days.¹<br />

Don’t Count on Social Security<br />

– Individuals do manage to qualify for<br />

disability benefits from Social security.<br />

However, the Social Security definition<br />

of “disability” is so strict that, in 2010,<br />

only 36.3% of initial claims for Social<br />

Security disability benefits were accepted.²<br />

Obviously, something else beyond<br />

Social Security is needed.<br />

Group Disability Insurance –<br />

Many employers will provide, or make<br />

available, disability insurance on a<br />

group basis. However, even those<br />

who are covered by a group policy<br />

can still be at a substantial risk. Employer-sponsored<br />

disability policies<br />

seldom replace more than 60% of your<br />

monthly salary. Further, many policies<br />

have a monthly maximum benefit that<br />

may be far less than what some people<br />

earn. Income taxes can also be an issue<br />

of the employer is paying the full cost of<br />

the coverage and not including it in the<br />

employee’s income, disability benefits<br />

are fully taxable. If an employee pays<br />

for the disability insurance with after-tax<br />

dollars, the benefits are received free of<br />

income tax.³<br />

Individual Disability Income Insurance<br />

– If group coverage is not available,<br />

the solution may be individual disability<br />

income insurance. Although individual<br />

policies can cost more, as long as you pay<br />

the premiums with after-tax dollars, the<br />

benefits are not taxable. Plus, an individual<br />

policy allows you to tailor its terms to<br />

fit your own needs. When shopping for<br />

an individual disability policy, consider<br />

the following:<br />

• Company strength: You need to know<br />

if the company is financially sound.<br />

• Definition of disability: Look for a<br />

policy that defines disability in the<br />

broadest terms possible. Some policies<br />

will not permit you to work in a<br />

different occupation and still collect<br />

disability benefits.<br />

• Elimination period: How long must<br />

you wait before disability payments<br />

begin?<br />

• Benefit period: How long will you need<br />

coverage? Both short-term and longterm<br />

disability benefits are available.<br />

• Inflation protection: Try to find a policy<br />

that adjusts benefits for inflation.<br />

¹ Based upon the 1985 Commissioners’ Individual<br />

Disability Table.<br />

² Annual Statistical Report on the Social<br />

Security Disability Insurance Program, 2011, <strong>July</strong><br />

2012. Table 60, Medical decisions at the initial<br />

adjudicative level, by year of application and<br />

program, all decisions.<br />

³ The discussion here concerns federal income<br />

tax law only. State or local law may vary.<br />

Are You an Employee or an Independent Contractor?<br />

If you are a business owner hiring<br />

or contracting with other individuals<br />

to provide services, it is important to<br />

determine whether the individuals<br />

providing services are employees or<br />

independent contractors. In making the<br />

determination, all information that provides<br />

evidence of the degree of control<br />

and independence must be considered.<br />

Under common-law rules, anyone<br />

who performs services for you is your<br />

employee if you can control what will<br />

be done and how it will be done. Therefore<br />

an employer-employee relationship<br />

exists when the person for whom<br />

services are performed has the right to<br />

control and direct the individual who<br />

performs the services, not only as to<br />

result, but also as to details and means.<br />

The general rule is that an individual<br />

is an independent contractor if the payer<br />

has the right to control or direct only<br />

the result of the work and not what will<br />

be done and how it will be done. If you<br />

are an independent contractor, you are<br />

self-employed. Therefore your earnings<br />

are subject to Self-Employment Tax.<br />

Generally, you must withhold income<br />

taxes, withhold and pay Social<br />

Security and Medicare taxes, and pay<br />

unemployment tax on wages paid to an<br />

employee. You do not generally have to<br />

withhold or pay any taxes on payments<br />

to independent contractors.<br />

Common law recognizes three<br />

categories of evidence to consider when<br />

determining the degree of control and<br />

independence:<br />

1. Behavioral: Does the company<br />

control what the worker does and how<br />

the worker does his or her job?<br />

2. Financial: How the worker<br />

is paid (W2 or Form 1099-MISC),<br />

whether expenses are reimbursed, who<br />

provides tools/supplies?<br />

3. Type of Relationship: Are there<br />

written contracts or employee benefits<br />

(such as pension plan, insurance, vacation<br />

pay)? Will the relationship continue<br />

and is the work performed a key aspect<br />

of the business?<br />

Businesses must weigh all these<br />

factors when determining whether a<br />

worker is an employee or independent<br />

contractor. If, after reviewing the three<br />

categories of evidence, you are still<br />

unclear whether a worker is an employee<br />

or an independent contractor, you<br />

can file Form SS-8, Determination of<br />

Worker Status for Purposes of Federal<br />

Employment Taxes and Income Tax<br />

Withholding with the IRS. The form<br />

may be filed by either the business or<br />

the worker. The IRS will review the<br />

facts and circumstances and officially<br />

determine the worker’s status.<br />

If you classify an employee as an<br />

independent contractor and you have no<br />

reasonable basis for doing so, you may<br />

be held liable for employment taxes for<br />

that worker.<br />

Esther Phahla is a Certified Public<br />

Accountant and Certified Tax Coach in<br />

Temecula. She also holds a Master’s of<br />

Science in Taxation. She is the Best Selling<br />

Co-Author of a Tax Planning book<br />

“Why Didn’t My CPA Tell Me That”.<br />

She can be reached at (951) 514-2652<br />

or visit www.estherphahlacpa.com.<br />

MONEY<br />

by<br />

Esther Phahla,<br />

CPA, CTC, MST

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