IRS Allows Latitude, Safe Harbor in Cases of Worker Misclassification

Julie K. Fritsch

Julie K. Fritsch, Attorney at Law, Montgomery & Andrews P.A.

Misclassifying an employee as an independent contractor isn’t always an intentional attempt by an employer to avoid paying payroll taxes, unemployment insurance and other employee benefits. Although the correct classification of a worker may be difficult to determine in many work relationships, employers are nonetheless responsible for classifying workers appropriately.

A determination by the IRS or Department of Labor that an employer has misclassified a worker or class of workers can have serious consequences for employers, including government audits and significant penalties. Nevertheless, safe harbors that can reduce or eliminate assessed penalties are available to employers.

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Knowing When to Hold and Fold Works in Business and Poker

Barbara Kline

Barbara Kline, Founder and President, Breakthru Communications

In some ways, starting a business is a lot like playing poker: An entrepreneur always has to weigh the odds, give herself room to maneuver and know when to hold or fold.

According to recent data from the U.S. Small Business Administration, 31 percent of businesses fail within the first two years and half within five years. On the other hand, more than 25 percent of all business startups survive for at least 15 years.

A few — but not many — companies succeeded despite a firm hand on the till that kept them from taking a few risks by investing in growth and innovation. For every company that succeeded wildly right after the founder had mortgaged the house and maxed out the credit cards, hundreds went bankrupt or were saddled with debt for many years.

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2020 Campaign Supports, Celebrates Entrepreneurs

By Kathy Keith, Executive Director (center); pictured with RDC team members Monica Abeita and Gail Gordon

By Kathy Keith, Executive Director (center); pictured with RDC team members Monica Abeita and Gail Gordon

The Regional Development Corporation and its partners are launching the 20/20 Campaign to celebrate the entrepreneurs who have started small businesses in Northern New Mexico, creating jobs, driving innovative industries and providing a solid economic base for our communities.

The 20/20 Campaign aims to recognize and support 20 high-growth companies that could potentially grow to double or triple in size within eight years — by 2020 — to become major employers in Northern New Mexico. A handful of businesses every year will be selected by the collaborating partners, which are service providers, economic development organizations, city and county governments and entrepreneurial support organizations from Española, Los Alamos, Santa Fe and Taos. The first crop of 20/20 companies will be announced on October 4th, 2012 during a “Spirit of Innovation” event.

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5S System Streamlines to Build Company Profits

 

Jennifer Sinsabaugh

Jennifer Sinsabaugh, Operations Director, NM MEP

In today’s ultracompetitive environment, businesses need to get their product or service to customers faster than ever. Shorter delivery times aren’t just good for customer satisfaction; the longer it takes to get a product from the order desk to the customer, the longer the business waits to be paid. Meanwhile, the company has its own bills to pay, including loan interest and materials invoices. The briefer an order is in production, the better. Knowing this, savvy companies implement lean manufacturing techniques to periodically evaluate their product flow and processes – and adjust as necessary for maximum efficiency.

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Depreciation Prevents Expense Spikes That Can Unsettle Investors

 

Jimmy Pendergrass

Jimmy D. Pendergrass, CPA, Partner, Accounting & Consulting Group LLC

The Internal Revenue Service stipulates that businesses must capitalize expenditures for big-ticket items and recover that cost over several years – a practice known as depreciation – to avoid dramatic changes in the financial statements of a business from one year to the next. Knowing when to depreciate and when to claim a special one-time expense deduction is critical for entrepreneurs.

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Lunches Give Businesswomen a Chance to Find Clients, Make Contacts

 

Jennifer Craig

Jennifer Craig, Regional Manager, WESST Las Cruces

Networking is a form of marketing that exponentially increases the influence that a professional or business owner can have when searching for new markets or clients. WESST, a nonprofit that helps build small businesses in New Mexico, used the occasion of Women’s History Month in March to teach women entrepreneurs how to use this powerful tool: The organization’s Las Cruces enterprise center started an Empowering Women in Business Networking lunch meeting so clients and other women could mingle, share ideas, get acquainted and help one another.

The gatherings started small — about three dozen women — but that number nearly doubled by June, suggesting that WESST had tapped into an unmet need.

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Strength without Splash: Small Businesses Generate Steady Growth

Joseph H. Badal

Joseph H. Badal, Board Chair and President, NMSBIC

When avionics supplier Bendix/King and power grid connector Tres Amigas each selected New Mexico as their new administrative headquarters, the announcements represented the kind of economic development most regions aggressively seek. Bendix/King, a Honeywell subsidiary, is expected to create up to 100 new engineering and support jobs by the end of 2012. Tres Amigas, which plans to connect three regional power grids at their superstation in Clovis, will create 15-20 jobs in Clovis, 75 – 100 high-paying jobs at a new administrative office/control center in Albuquerque and untold jobs when it completes construction of a 15,000-to-20,000 square foot training center in Rio Rancho. All of these projects are examples of classic economic development: The jobs they create are new and originate outside the local area.

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Employers Who Mislabel Employees Risk Penalties

Suzanne C. Odom

Suzanne C. Odom, Attorney at Law, Montgomery & Andrews, P.A.

Under competitive pressures, some employers are tempted to label workers “independent contractors” rather than employees so they can avoid paying benefits, matching Social Security and Medicare taxes, paying federal and state unemployment taxes and following employment laws, such as the Fair Labor Standards Act. This practice of misclassification has created substantial problems for affected employees and for the United States Treasury, the Social Security and Medicare funds, and state unemployment and workers’ compensation funds.

As a result, the U.S. Department of Labor and Internal Revenue Service signed a memorandum of understanding in September 2011 so the agencies could work together and share information to reduce employee misclassification, close the tax gap and improve compliance with federal labor laws.  Continue reading

Workshops Aim to Teach Principles of Lean Manufacturing

 

Jennifer Sinsabaugh

Jennifer Sinsabaugh, Operations Director, NM MEP

Michael Tso was 10 months into his job running a high-tech envelope-making machine at Desert Paper and Envelope in Albuquerque when his employer sent him to the New Mexico Manufacturing Extension Partnership’s lean-manufacturing workshop this summer. There with other representatives of New Mexico companies he learned fundamentals of the lean manufacturing philosophy, which aims to improve business operations – and enhance competitiveness – from the shop floor to the front office.

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Lender-Client Relationship Built on Trust, Mutual Benefits

Jordan van Rijn, NM Loan Officer, Accion New Mexico ∙ Arizona ∙ Colorado

By Jordan van Rijn, NM Loan Officer, Accion New Mexico ∙ Arizona ∙ Colorado

Mauro Nava’s seven-year relationship with microlender Accion New Mexico ∙ Arizona ∙ Colorado paid off when the Mexico City native and his Ukrainian-born business partner, Olena Dziuba, decided to open a health clinic to serve residents of Albuquerque’s underserved South Valley. Clínica la Esperanza opened in October 2011 at Bridge and Isleta boulevards with seed money from the two partners to remodel the building and a line of credit from Accion to pay bills until the business started generating revenue.

Nava first contacted Accion in 2005 for funds to start a mobile radiography business called On-Site Radiography. Nava’s perfect payment history on past Accion loans made him a good candidate for the most recent investment. Continue reading