Hobby or Business: What Factors Does the IRS Consider?

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There are some activities we engage in outside of work strictly for personal reasons, with no thought of ever profiting from them. You might, for example, enjoy photography, hiking on the weekends, or collecting classic records. There is no monetary gain—and no expectation of making a profit—from these pastimes. You do them simply because you like to do them. Then …

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How to Set Up Your Board of Directors

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You might think that a board of directors is something that only big companies have, but all S corporations and C corporations—even small businesses—are legally required to have boards of directors. Specific rules for the board of directors are established in the corporate bylaws and other corporate documents. Some requirements for boards of directors, including duties they owe and when …

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What You Need to Know about S Corporations

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S corporation status is one of several tax classifications that you may be able to elect for your enterprise. For C corporations and limited liability companies (LLCs) that qualify, S corporation election offers shareholders advantages that include pass-through taxation and a lower overall tax bill. However, not every business can be classified as an S corporation. There are strict Internal …

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Legal Issues for E Commerce Businesses

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Do you have an internet-based business? Even if you facilitate the purchase and delivery of products or services entirely online, you are still running a business with all of the legal advantages and pitfalls that entails. Many e-commerce operations face unique legal challenges, which Rincker Law can help you solve. Contract Negotiation & Management Every e-commerce business relies on relationships …

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How to Start an E-commerce Business

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If you have ever considered starting an e-commerce business, now is a great time to move from ideation to action. Online retail sales exploded to an all-time high amid COVID-19 lockdowns, travel bans, and brick-and-mortar closures, and this was not just a temporary bump. E-commerce was already experiencing strong year-over-year growth prior to 2020. The accelerated shift to online purchases …

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How to Resolve Deadlocks in Your LLC

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Membership in a limited liability company (LLC) may come with voting rights. Member voting rights are addressed in the LLC operating agreement, which typically provides that LLC members must vote on several issues that are material to the continuance of the business. A unanimous or majority vote may be required depending upon the nature of the matter voted on. A …

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Why You Might Want to Hire Someone to Be Your Registered Agent

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If your business is registered with the state, you are required to name a registered agent at the time of registration or incorporation. A registered agent is the person who receives legal and tax documents on behalf of your business. You or other people in your business can serve as the registered agent, but doing so raises a few potential …

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How to Conduct an Effective Employee Performance Review

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Employee performance reviews can be stressful for workers and managers alike. Now more than ever, with workers quitting their jobs in droves as part of the “The Great Resignation,” managers may be hesitant to provide direct, constructive criticism that could be perceived as overly harsh. Employees, in fact, widely agree that most performance reviews do more harm than good. This …

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Considerations for Paying Employees: What to Know about Setting Wages and Salaries

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You cannot successfully run your business without good employees. And you cannot find good employees without offering them competitive pay. Employee compensation is more than an expense—it is an investment that, when made in the right individuals, appreciates over time. The competition for workplace talent has never been more fierce. As companies compete for employees in a world reshaped by …

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How to Pay Yourself When You Own an LLC

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One significant advantage of organizing your business as a limited liability company (LLC) is the flexibility it affords. The Internal Revenue Service (IRS) allows LLC owners to choose how their business will be taxed. As an LLC owner, you can be taxed as a sole proprietorship (if you are the LLC’s  sole member), a partnership (if your LLC has two …

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How to Protect Your Business from Lawsuits

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Small business owners are no strangers to risk management. Owning and operating a small business entails a certain level of unpredictability. Despite your best efforts to stay on top of supply chains, marketing, sales, competitors, employees, and cash flow, unexpected issues can knock you for a loop. You have survived plenty of bumps in the road and emerged stronger than …

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How to Handle Conflicts in Family-Owned Businesses

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Conflicts are inevitable within businesses and families. Personal rivalries, differences of opinion, competition for resources, and questions of prestige can set individuals at odds and lead to warring factions with competing loyalties. Resolving conflicts in both settings is a delicate matter that requires balancing what is best for one person with what is best for the group. When family members …

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