Behind on Sales Tax as an Amazon.com FBA Seller?

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If you have been selling on Amazon FBA and only collecting and remitting sales tax in your home state or not, all you are behind.

Every Day that Goes by WITHOUT being in Sales Tax Compliance, you are Paying Sales Tax + Interest + Penalties out of YOUR OWN Pocket.

This may be as much as 8% sales tax, 10% interest, and 30% penalties or 10% out of every sale you are losing, that is NOT necessary.

Amazon.com FBA Seller Use SalesTaxSystem.com

In order to Get Back on Track and In Compliance with Sales Tax You MUST Figure Out the Following:

  • Where do you have Sales Tax Nexus (which FBA States)
  • How do you Track When you Inventory Moves Around?
  • Obtain Sales Tax Permits Properly, avoid costly mistakes in states like California, Kentucky, and Washington…
  • How do you pay back sales taxes, interest, and penalties OR not?
  • How do you waive penalties and what will that cost?
  • How do you get professional SALT support if your CPA is not clear?
  • Should you form a new entity first or get sales tax numbers as a sole proprietorship then move forward?
  • What is the start date on your application for sales tax permits?
  • What does this trigger?
  • What estimate sales tax amounts do you use in each state?
  • What is remitting service the best overall?
  • How do you properly update your Amazon Seller Central Account
  • Settings to not Under over OVER collect?
  • How do you handle selling on Multiple Channels and Sales Tax?
  • If you are outside the US what is different with the rules?
  • Why do you need a US bank account to help Remit Sales Tax?
  • What Other Risks may you take on for not doing this correctly?

As you see there is a lot involved to get you on track moving forward.  The best news is that salestaxsystem.com covers all these areas in the membership area so you can then focus on your marketing and sales!

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Advanced LLC Tax Issues

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An LLC is a hybrid between a corporation and a partnership. An LLC can be taxed as a partnership, S or C corporation or a disregarded entity. The IRS established federal default rules in 1997 to simply how an LLC is taxed. One member is a disregarded entity and two members are tax as a partnership. In either situation, you can file form 8832 to have an LLC taxed as a Corporation or form 2553 to be taxed as an S corporation.

One of the subjects that 90% the people who have an LLC do not properly handle the transfer of an LLC interest to another.

As personal property, an LLC interest may be transferred by a bill of sale, assignment, or comparable document. If the interest are documented certificates, like stock certificates, it should be possible to transfer an interest by endorsing the certificate, by granting the power of attorney to the transferee, or by granting a type of power like a stock power. To be effective the transferee must also cause the transfer of the interest to be reflected on the LLC’s books. The transfer must first be approved under the LLC’s requirements (e.g., approval of at least a majority in interest of members). It is recommended that an LLC record the transfer of membership interests in the same fashion as a corporation uses a stock transfer ledger.

This is a key point…the transfer of an interest to a person does not by itself grant the status of a member in the LLC. Rather, the transferee is merely an assignee of certain economic rights unless the other members by a vote approve the transfer of the interest.

The various state acts generally provide that unless the members have otherwise agreed, a membership interest is assignable in whole or in part. Although some statutes may refer to the free assignability of a membership interest, what is actually meant is the free assignability of the financial rights, not governance rights.

Typically, members will want to impose restrictions on assignability, and the operating agreement would provide this language. An operating agreement also should define if the transfer restrictions did not apply to transfers to members, non-members, or both of the LLC.

This may surprise you, but an LLC member can assign his or her interest without anyone’s consent. Although the transferee will be an assignee and NOT a member. Only members can vote and exercise other rights of members, but not an assignee, like a member, may receive distributions of cash or property.

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Distributions from an LLC

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After your LLC is formed and your business is up and running and revenue is flowing in it will come to that important point where you will distribute money to the partners. That may be just you, your spouse or other outside partners.

Most simply think about writing a check from the LLC to themselves as the owner and really do not consider the tax ramifications of their actions. This is especially important any time you have a partner, whether that is a spouse, outside partner, separate legal entity.

Let’s address some basic fundamentals first then get into more details:

The first step is to be aware of how your LLC is taxed. Are you a single member LLC taxed as an S corporation, or disregarded for tax purposes? If you have earned income and a single member LLC that will flow through to schedule C (basically you are operating as a sole proprietorship, but have the liability protection of an LLC). Test question: Is there any payroll for a single member LLC? The answer: depends. If the LLC is disregarded for tax purposes there is NO payroll to the owner. Is it possible for a single member LLC to have employees? Yes. If the single member LLC is taxed as an S corporation, the active member (owner) would have payroll and distributions. If you have a single member LLC taxed as an S corporation, of course, the only member is active. If you have a two-member LLC taxed as an S corporation, it is possible that the second member could be passive (this could be a spouse or silent partner). Would the passive member be the manager of an LLC managed by managers? No. By definition, if passive they would not be running day to day operations. Keep that in mind.

A single member LLC taxed as a C Corporation; there would be at some point some type of payroll to the owner of the C Corporation. Is it possible that there was only enough revenue in the LLC taxed as a Corporation to pay business expenses only and not enough profits left over for any type of payroll? That is possible. You may take dividends out of the LLC taxed as a C Corporation, but keep in mind dividends are NOT deductible to the LLC taxed as a C Corporation’s profits.

An LLC taxed as a partnership is a very common structure. The big mistake you want to avoid is doing payroll for partners. There is NO payroll to partners in an LLC taxed as a partnership. There is something called, “guaranteed payments” to the manager of the LLC for their role in the day to day operations of the LLC which is subject to employment taxes, but it is not payroll. The members (or partners) of the LLC will receive distributions in profits. If the member or partner is actively involved in operating the business those distributions will be subject to employment taxes.

Let’s get into more detail about when an LLC can make distributions to members. Absent any agreements with third parties restricting distributions, LLCs generally can distribute cash or property. Here is an important point (a reason to have great accounting records from the beginning); most LLC acts prohibit to members if, following a distribution, the LLC’s liabilities (other than liabilities to members) would exceed the value of the LLC’s assets. Most LLC statutes hold members liable to creditors for wrongful distributions under their fraudulent conveyance statute.

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A Free Tax Consultation for Your Business

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Time is running out to schedule your appointment to review your business tax situation. 

Go to http://budurl.com/TaxConsultation to Schedule it now to get support first (appointment are first come first serve and will fill out fast).

This is an important message for your entity that has a return due on April 15th (any partnership including LLCs taxed as partnerships), plus of course a schedule C and your personal return.

Since the these tax returns are due in a only a few weeks away it’s very important that you touch base with your CPA/accountant to prepare and file your return. 

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Schedule Your FREE TAX CONSULTATION (A $199 Value)  with the Corporate Tax Network a company
NCP has partnered with to help make your life less taxing.

Go to http://budurl.com/TaxConsultation to Schedule it now to get support first (appointment are first come
first serve and will fill up fast).
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If you want the inside story on how to maximize your deductions for meals, travel, entertainment and other business expenses, please feel free to contact NCP directly at 1 (888) 627-7007. Tax-saving and record-keeping solutions is just one of the areas where NCP can support you with a complete foundation for business success. We’ll be happy to answer an additional questions you have.

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Is Your Business Screaming For An IRS Audit?

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As tax time nears you should be aware of the trends that are clear – the IRS is targeting more small businesses for audits and they’re denying deductions left and right.  Sole proprietorships are especially at risk. I have confirmed with my CPA networks that there is a huge risk to continue to operate as a sole proprietorship. Our CPA contacts are also recommending that you should get off schedule C in 2014 ASAP.

Here are just a few of the audit trigger red flags that IRS agents are watching for:

  • claiming 100% business use for your vehicle (this will almost certainly invite an audit)
  • large deductions that seem out of proportion for the business (this is what their computer systems look for)
  • any schedule C deductions for business travel, meals or entertainment (you are able to take these deductions but if excessive and if audited not documented properly you are toast)
  • hobby losses claimed as business expenses (you best be able to prove you were a real business)
  • regular wage income combined with large schedule C losses (you must prove you had a real business, which we teach you those requirements on the training below)
  • any documentation that doesn’t meet their strict substantiation requirements (this is NOT your CPAs responsibility, it is yours)

 The vehicle deduction is a very common slipup. The IRS knows that 100% business use is extremely rare, especially when there’s no other vehicle for personal use. Activities like photography, dog breeding, car racing or other sports or outdoor activities are tough to substantiate as business expenses because they look like hobbies to the IRS.

Could your business be sending an “audit me!” message to the IRS? The surest way to protect yourself is to establish a complete foundation for your business, starting with a properly formed separate legal entity. Do you know the 5 essential elements of a complete business foundation? Take advantage of this brief, free training to find out where you may be vulnerable to the IRS!

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NEW TrainingThe 5 Essential Components for a Complete Business Foundation: 
http://budurl.com/LaunchWithConfidence

Pick your time and date to be part of this special training.

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Sandy Botkin on 2012 Tax Law Changes for Business Owners

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Mark your calendar for Tuesday February 14th at 4 pm PT/7 pm ET for the February 2012 Top 5% Club Teleseminar.

You will learn how the new tax law changes may affect your business and what you can do to maximize your business deductions and keep more profit in your pocket (not the IRS).

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Access this training by joining the Top 5% club: http://www.nvinc.com/Top5PercentClubCoachingProgram.htm

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Even if you are not making profits, you must learn how the new tax changes may affect your business and how to track your expenses and losses to be in a position to properly use them to offset any earned income in 2012. If you are profitable (good for you) learn how to give yourself a “raise” by legally lowering your taxes.

On Tuesday, February 14th,  I’ll be interviewing Sandy Botkin, CPA/attorney and author of the best-selling book “Lower Your Taxes Big Time.”

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