Business Type :

The smaller the company, the bigger certain challenges can feel—if you own a small business, you’ve probably experienced this firsthand. While a large corporation can take the hit of, say, a delayed product shipment, such an issue would be a nightmare for a small business staying afloat. Imagine, then, how big of a blow losing a member of your team can be.

While losing a key member of the business, such as a CEO or founder, is difficult for any size company, many large corporations would be able to recover from the death. But such a death would likely mean the corresponding death of a small business.

That’s why key person life insurance exists.

What IS Key Person Life Insurance?

Key person life insurance functions as a way of ensuring that a small business stays afloat after the death of a leading figure in the company. It involves the business taking out a life insurance policy on a (surprise) key person involved with that business, such as the owner, founder, or an important employee. The business pays the premiums for the policy and is the beneficiary of the policy; simply put, the business pays monthly so that if the key person dies, the business will get enough money to stay afloat while it hires and/or trains a replacement.

In some situations, when a business would be completely dead without the key person, the money from the life insurance does not go toward keeping the business afloat but rather toward closing the business down in an orderly manner. The money allows the business to pay off any outstanding debts, provide severance pay to its remaining employees, and pay investors.

In such a situation without key person life insurance, the company would be forced to declare bankruptcy immediately.

For small businesses consisting of a single employee (the owner, founder, and only worker), key person life insurance is unnecessary. If the owner of a single-person business is worried about their family in such a situation, they would be better served taking out a personal life insurance policy. Key person life insurance is only for helping the remainder of the business in the event of a critical employee’s death.

What To Look For In A Key Person Life Insurance Policy

When shopping for key person life insurance, be sure to visit multiple insurance carriers, as different carriers have different ratios of premium to payout. In addition, some carriers will have fixed payout plans (usually $100,000, $250,000, $500,000, and $1 million), while others will pay based upon the key person’s salary or value to the business.

It is recommended to look for a payout amount based upon the key person’s perceived value to the business, as well as the key person’s age and general health. The longer the key person would be with the business naturally, the more the business stands to lose if that person dies unexpectedly, so the higher the life insurance policy payout will be.

A Note About Term Life Insurance

Another option when investing in key person life insurance is to get term life insurance. Term life insurance applies for a set amount of time (as opposed to whole key person life insurance, which applies until the key person is no longer with the company). Going with a term life insurance plan is helpful if you predict that your business will grow rapidly in the next few years, as the policy may not be necessary after a certain point.

The bigger your business becomes, the more replaceable your key person may be and the larger a hit your company will be able to absorb without needing a payout to stay afloat.

Losing anyone within a company is never easy, but it’s a possibility every business owner needs to think about. Key person life insurance is a very important resource for your small business. Having such a policy is essential for guaranteeing your business’ survival (or orderly dissolution) in the event of an unexpected tragedy.

While working as an IT consultant (or any other kind of consultant, for that matter), it’s imperative to have an understanding of basic contract essentials for your legal safety. Even if you already know your client well and think problems won’t occur while you work for them, things can still go awry. And for any job you do where you’re new to a business, the list of things that could go wrong is potentially endless.

A more detailed contract only helps protect you and your client in the long run since any litigation over disputes could cost you both in legal fees. Excessive litigation only leads to losses for everybody other than the lawyers representing you.

That’s why you need to look at every aspect of who you’ll be working for, your contract with them, and what entanglements could occur. While you can add those items as general provisions at the end of your contract, you have some important contractual elements to work with first. Many of these are obligations that apply to any type of consultancy work.

NOTE: Please keep in mind that we are not attorneys. While the information below will help point you in the right direction, you should always contact your attorney to review and approve any contract you receive before signing.

Details About the Services

The first section of your IT consultant contract should always outline the services you’ll render and what it entails to avoid any contradictions. Your first subsection here should include a detailed account of the type of services you’re expected to do, no matter how many paragraphs it takes. Creating an outline is more organized so you can break some of the services down into separate parts if it involves multiple tasks.

IT consultancy services most likely mean dozens of different tasks to help make the business you’re working for run more efficiently.

Afterward, mention applicable billing rates, which should include any service fees. This is where some of the biggest contractual disputes occur, so it pays to have a separate section later more clearly outlining who gets paid and when.

To end this section, detail any terms or conditions. You can additionally make this a separate section that more specifically indicates terms and conditions acceptance for both sides.

Obligations and Termination

In the middle section, indicate what you’ll do with the services you and your client agreed to. While it may seem redundant to state this in a contract, it confirms you both agreed to what the services are and for the time frame allotted.

How long an IT consultant contract is in effect also matters, which means you have to indicate when the contract is officially terminated. Make it clear what dates the contract starts and the exact end date. Don’t get careless with dates; it only creates longer disputes about when the contract was actually executed.

Keeping Information Confidential

When you work for businesses, you inevitably tap into databases and see private information on hundreds of employees or customers. It’s important to list confidentiality agreements in your contract so you promise not to disclose any private data to which you’re exposed.

It works the other way as well, where the business agrees not to maliciously use any private information incurred from your consultants. Indicate how any breach of private information terminates the contract immediately.

Warranties and Extra Provisions

You no doubt have warranties on your work, and you need to state this in clear form on the contract. Businesses will rely on warranties because sometimes technical mishaps get discovered weeks or months after the work gets done.

Adding any extra provisions at the end of your contract is up to you and the business’s particular situation. Elements like contract modifications or how you communicate with your client can go here for more refinement of how you’ll both work together.

Insurance Requirements

Companies that hire consultants or independent contractors will likely require a proof of insurance certificate before any work can begin. This should be laid out clearly in the contract so that both parties know what documentation is expected and what type of coverage will be required. You should contact your insurance professional to help you get the paperwork in order.

We at InsureYourCompany.com work with many tech consultants and IT companies to ensure that they have the proper insurance coverage and documentation for their work. Find out more about how we can help you and your company cover all of your bases to that end.

Every small business owner providing workers’ compensation for the first time probably has a lot of questions about what it is, why they need it, and what it covers. It’s possible you’re one of those small business owners, perhaps one in the tech industry, where you may not think protection of your employees is completely necessary.

The fact of the matter is that this type of coverage is mandatory in many states, even if you do not have employees. Check with your attorney or your state’s Department of Labor after reading the information below.

Ultimately, anything can happen to an employee in any industry. Complacency is a state of mind that’s easy to acquire if you’ve never experienced anything bad happening before. Regardless, even computer and IT consultants are vulnerable.

Considering that most consultants work on-site with clients, you already have a major risk on your hands as a business owner. Even if you don’t initially think that working directly with computers has any method toward accidents, traveling automatically does. Your employees and independent contractors have to travel to work; an accident could occur while driving there, making you responsible for injuries.

Physical injuries could technically happen on the job as well, including injuries from lifting any heavy equipment or improper working conditions.

Lawsuits could happen so fast and suddenly that you need preparation to handle the possible financial challenges. In general, what questions do you need answered about workers’ comp? Take a look at these common questions and the detailed answers you need.

What Is Workers’ Comp?

You can define workers’ compensation as a no-fault insurance in the event one of your employees suffers an injury while on the job. Moreover, it protects you from lawsuits or any liability incurred when an employee gets injured and sues you, the employer.

It’s an insurance that’s especially valuable to small businesses since a lawsuit could permanently ruin a company. Your own tech consultant business likely has a small staff and limited budget that could easily be destroyed by legal action. Just one lawsuit from one of your employees could place your business in jeopardy.

What Workers’ Comp Covers

When one or more employees get injured, they obviously start to lose wages from being unable to work. Workers’ comp helps them recover those lost wages, which can end up being considerable if the injury takes months (or years) to recover from. Medical expenses get covered as well, which makes workers comp so much better than most health insurances.

As mentioned above, you’re protected from liability if an employee decides to sue over their injury. The premiums on workers’ comp aren’t as much to pay when you consider how much you’d have to pay for injuries without any coverage. Also consider that even if you win your case, you still have major legal expenses, which still place you in financial danger.

What Workers’ Comp Doesn’t Cover

FindLaw reminds that workers’ comp does have some logical limitations in many states. If an employee was under the influence of alcohol or drugs when the injury occurred, sometimes workers comp won’t cover costs. Plus, if it’s determined that any injury was self-inflicted, all coverage gets denied.

The same goes if one of your employees becomes injured from not following your company policies. Some employees may even think they’re automatically covered if injured off the job. This isn’t true, even if an injury occurred during off hours while traveling.

Workers’ comp is just one of many types of insurance coverage available for your business. If you’d like to learn more about the different types of coverage that exist and which ones apply to your company, download a free copy of our guide, Insurance For Businesses 101: What Are The Options And Who Are They For?

There’s no getting around it. Health insurance can be complicated, and it might seem like a nightmare to add a new dependent to your existing policy. The good news is that adding your new baby to your health insurance policy is not as difficult as it might seem.

Here are the steps you need to take to make sure your baby is covered under your health insurance policy:

Plan Ahead

This step only pertains to you if you have not yet delivered your baby. You know you are going to have a baby, and you know you need that baby to be on your insurance policy, so do some grunt work now before the baby is born to see what your insurance company will require.

Also look into rates to see how much your insurance premium will increase, and see if there are other, better options available to you and your family. If switching isn’t an option at this point, you can at least budget accordingly with the knowledge of your increased rate.

Assign Someone To Contact Your Insurance Provider

Having a baby is exciting, but it’s a whirlwind of chaos and sleepless nights. Before the baby arrives, talk to your partner about who will take care of the insurance and what steps need to be taken. You don’t want to have the unpleasant surprise of finding out that neither of you took care of the baby’s insurance because you each assumed the other person had it figured out.

Call Your Insurance Immediately (Within 30 Days Of Birth)

This is the most important step. Your insurance company won’t know you’ve had a baby unless you tell them. Insurance companies give you 30 days to contact them, but it’s a good bet to do this part as soon after the birth as possible so that your baby can be covered under your insurance without any added headaches or paperwork.

Your insurance company will need your baby’s:

  • Social security number (which is given to you in the hospital)
  • Full name
  • Date of birth

In general, having a baby is considered a “qualifying life event,” so you can add your baby immediately after birth rather than waiting until the next open enrollment period. The insurance company will make your baby’s insurance retroactive and cover the costs from birth as long as you call them within the 30-day window. Failing to take this first step will result in you being responsible for all of your baby’s hospital medical costs.

Turn In Any And All Required Paperwork

Have your notebook handy when you start this process to make sure you know exactly what paperwork is required from your insurance company. Every insurance company is different, so follow your particular insurance company’s instructions. Because of this step, it’s a good idea to do step 1 as soon as possible so you have time to track down any paperwork you need.

Inquire About Government Options

If you can’t afford insurance for your baby or if your employer doesn’t provide group health insurance, find out about any and all government options that are available at the state and federal level. If you can’t do this ahead of time, your hospital should have a social worker who can walk you through the process to make sure your baby is covered so you don’t need to pay out of pocket for his/her medical expenses now or in the future. The social worker from the hospital will be able to help you fill out paperwork and expedite the process so your baby can be covered as soon after his/her birth as possible.

Having a baby is an exciting life event, but with it comes a lot of added stress. Adding your new baby to your insurance policy is relatively simple, as long as you do it in a timely manner. Making sure your child is covered from day one will give you peace of mind, and one less thing to worry about during this amazing time in your life!

Being a business owner is an immense responsibility. Providing valuable services, paying comparable wages, having a well-trained staff, and organizing written procedures are among the many obligations on your plate.

Despite your best efforts, a wide variety of unexpected situations may arise—and legal action might be one of them. In the event that you are facing legal issues, protecting your company with Employment Practices Liability (EPL) provides coverage for your assets and maintains the respectable name of your company.

Imagine, for example, you run a computer staffing and technology company that places IT professionals at client sites. You may utilize recruiters, and many times those recruiters are offshore. One day, a recruiter tells a prospective temp employee that she is not eligible for a job installing new desktop computers at a client site because, as a woman, she probably can’t lift a computer. The female applicant then files a discrimination lawsuit against your company. The lack of proper training of the recruiter has put you in a potential legal dilemma.

In a situation like this, you would be fortunate to have an employment practices liability policy. This coverage will provide the legal aid you need, as well as the potential claim award.

That’s much better than slogging through the legal process with your own money, isn’t it?

Defining Employment Practices Liability

Employment practices liability is a professional insurance that deals with the proper application of laws and protections required in the workplace. Having EPL enables an employer to deal with various employment-related lawsuits, such as the one described above.

Although laws differ from state to state, as an employer, the key factor to keep in mind is that there are both federal and state statues that govern your liability to your employees.

EPL covers the following areas:

  • Wrongful termination
  • Sexual harassment
  • Discrimination
  • Invasion of privacy
  • False imprisonment
  • Breach of contract
  • Emotional distress

Regardless of the type of industry you are in, what you don’t know may prove detrimental to your company. Establishing an agreeable and operative work environment requires the employer staying abreast of what is acceptable behavior conducive to the workplace. Whether you have a small or large organization, some level of liability is strongly recommended in the event that unfavorable situations occur.

Small or new businesses often fall prey to employment claims because they lack a legal department or a handbook outlining workplace policies and procedures for employee hiring, disciplining, or termination, whereas larger corporations are able to handle practically any form of lawsuit.

How the Laws Affect the Employer

Numerous laws are in place to ensure the rights of the people you hire or are considering hiring. Over the years, the following Acts have prohibited discrimination and established the work environment guidelines as a result of employee/employer disputes that led to lawsuits.

  • Civil Rights Acts – prohibits discrimination based on race, color, religion, national origin, and sex. It also prohibits sex discrimination on the basis of pregnancy and sexual harassment.
  • The Equal Pay Act of 1963 – prohibits employers from paying different wages to men and women who perform essentially the same work under similar working conditions.
  • The Immigration Reform and Control Act of 1986 – prohibits discrimination on the basis of national origin or citizenship of persons with authorization to work in the United States.
  • The Americans with Disabilities Act of 1990 – prohibits discrimination against persons with disabilities.
  • The Age Discrimination in Employment Act – prohibits discrimination against individuals who are age 40 or older.
  • The Civil Rights Act of 1966 – prohibits discrimination based on race or ethnic origin.

Understanding The Risks

From the moment you interview a prospective employee, you are at risk of an employment claim being filed against you or your company. For example, a potential applicant can allege that some form of discrimination is at play simply because they were not hired.

With employee privacy laws increasing, concern for employee information being electronically stored and easily accessed is also cause for concern. An example is the hiring of a candidate who is later fired due to inappropriate email usage; that employee could allege that his/her privacy was invaded.

The Cost For Coverage

The cost for employment practices coverage depends of numerous factors, such as the number of employees you employ, prior suits against the company, the employee turnover percentage, and if you have established rules and practices in the workplace.

EPL coverage is usually written on a claim-made basis. This means that the incident resulting in the claim had to occur during the coverage period. Having employee practices liability decreases the chances of becoming a target is facing a lawsuit.

This is just one of the many types of insurance you can secure to make sure that your company runs smoothly and avoids the possibility of a catastrophic loss. For more information about the other types of insurance you may want to consider, check out our free guidebook, Insurance For Businesses 101: What Are The Options And Who Are They For?

There are many eating establishments who don’t want to deny their customers the enjoyment of having a cocktail with their meal. Such restaurants choose to run what is referred to as a Bring Your Own Booze (BYOB) operation. In doing so, they avoid the administrative and regulatory framework associated with obtaining and holding a liquor license, not to mention the cost.

But restaurants aren’t the only enterprises that can have a BYOB policy. Athletic, social, and service organizations often host or sponsor events where alcohol is served without possessing a liquor license. The question for any organization that operates a BYOB business or event is if it can avoid liability that results from the conduct of a patron who had too much to drink. And, if not, will liquor liability insurance protect it from financial loss in the event of an insurance claim or legal action?

If your business ever has a need to establish a BYOB policy or plans on hosting a special event involving alcohol, there are some very important questions you should first consider.

Do BYOB establishments need liquor liability insurance coverage? 

Whether your BYOB establishment or event actually needs insurance to cover something done or caused by one of your patrons after consuming alcohol on your premises is the fundamental question. The short answer? Maybe. Your state may require you to carry BYOB coverage. Even if it does not, various factors impact the level of potential exposure you may have, which increases the need for such insurance. These factors include:

  1. You provide the food and non-alcoholic beverages. Your customers/members bring their own beer, wine, or liquor and serve themselves the entire time.
  2. In addition to food and non-alcoholic beverages, you also provide bottle openers, corkscrews, cups, glasses, mixes, and other alcohol-related items.
  3. Your staff takes what your guests have brought and serves it to other members of their party/people seated at their table.
  4. The guest turns the alcohol over to you and expects your staff to serve it as if you were selling it.
  5. Any of the above and you charge a BYOB (also known as “corking”) fee.

As you might expect, the more your establishment or organization is involved with providing the opportunity for your patrons to consume alcohol, the higher your potential risk and the greater your need for liquor liability insurance.

What is liquor liability insurance? 

Simply put, this is insurance that provides coverage for costs arising from liquor-related incidents. These may include:

  • On-the-job drinking by bartenders or other staff;
  • Violent encounters between or among patrons and/or with your staff;
  • An auto accident caused by someone who became intoxicated at your establishment or function;
  • Sexual harassment at an “official” office party or organized club event.

What does liquor liability insurance cover?

It will pay for legal costs associated with defending yourself, and pay any settlement entered into or judgment rendered against you.

What does the insurance not cover? 

The standard liquor liability provisions found in Commercial General Liability (“CGL”) policies usually apply only to those establishments and organizations that actually sell, serve, or provide alcoholic beverages. Under such a policy, your BYOB facility or event would not be covered for any liability incurred from an incident arising from the consumption of alcohol by one of your guests or employees.

Do requirements vary from state to state? County to county? 

Yes. Some states specifically require BYOB coverage. There are also states that have enacted legislation requiring a BYOB liquor license when applicable. Counties, too, can have specific ordinances or rules with respect to allowing consumption of alcohol on the premises even if the business doesn’t itself sell or serve it.

Be sure that BYOB is allowed in your jurisdiction.

How does one obtain this type of coverage and other necessary permits/license? 

First, find out whether BYOB is even permitted in your situation and, if it is, whether you will require a permit or license of some sort. Does your state require BYOB liquor liability insurance? Discuss under what specific circumstances you’ll be permitting guests or staff to bring and consume their own alcohol.

Request that your CGL policy be reviewed to ensure that you have liquor liability insurance coverage that sufficiently meets your needs. If it doesn’t, purchase a BYOB liquor liability insurance policy that will. Can you really afford not to?

Business owner responsibilities include choosing an accountant when the business’s finances are in need of expert help. Sometimes you just want to improve the financial function of your business overall. Or perhaps your accounting software isn’t providing the type of data you need to grow your business.

No matter what the reason is for needing an accountant, you’ll want to take the right steps to ensure you hire the best one for your business. It is a critical decision, since you’re trusting the new accountant with the financial health of your business.

Here are 3 steps that will set you in the right direction.

1. Choose the Type of Accountant

The first step is choosing the type of accountant you want to hire. The proper accountant can help a business with not only tax returns, but with longer term tax planning, business planning, networking, and even personal tax planning.

Before you can find the proper accountant, you need to determine if you need an inside (in-house) accountant or an outside one (firm).

Inside Accountant

Small business owner responsibilities increase when there is a growth in revenue and transactions become more complicated. An accountant is needed to take care of all the increasing financial issues. Since an outside accountant’s fee grows with the size of the business, you may see some cost savings by bringing some of the work in-house.

An inside accountant’s duties usually include:

  • General ledger/chart of account maintenance
  • Responsibility for daily transactions
  • Payroll and fixed asset accounting
  • Financial statement preparation and analysis
  • Cost accounting and variance analysis
  • Cash management, such as bank reconciliations

Outside Accountant

An accounting firm will offer an hourly rate schedule. There may be different rates for different accounting functions depending on the level of complexity and who in the accountant’s firm is actually performing the tasks.

An accounting firm usually handles the following accounting functions:

  • Analysis or problem-solving advice
  • Tax return preparation
  • Preparing financial statements

2. Decide What Key Qualifications Are Needed

The process of hiring an accountant can include choosing one with key qualifications that are specific to your company’s needs. An accountant mainly handles financial statements, analysis, and bookkeeping, but there are additional factors to consider.

Expertise

A Certified Public Accountant (CPA) has an undergraduate degree, has taken the exam, and has met the experience requirements for state certification.

In addition to a CPA, a Certified Management Accountant (CMA) is trained to meet the demands of today’s accounting requirements in addition to participating on the company’s management team.

Young, growing companies in particular want an accountant who can help them manage financial business performance and have responsibility for the internal control function. A CMA is preferred in this instance.

Size

The array of accountants and firms to choose from can be daunting—from sole practitioners to national, marquis firms. Some businesses feel more comfortable employing a large, name-brand firm.

Most importantly, you must decide what makes you comfortable as a business leader. You may feel more at ease with face time with a partner in a smaller firm.

Complexity

Your decision on what qualifications to seek in an accountant must also take into consideration what services your business needs from an accountant. Maybe you only seek a firm to prepare your tax return and compile end-of-year financial statements.

But if you also want tax and financial planning advice, or retirement planning advice, you may need to seek someone with those particular qualifications or background.

3. Conduct Reference Checks and Interviews

Now that you have chosen the type of accountant you need and with certain qualifications, you can begin your search. Once you have narrowed down the candidates, you can conduct reference checks and interviews.

Small businesses cannot really afford to make a hiring mistake—especially when it comes to accountants. The accountant will have access to the company’s books, records, and other proprietary information.

Thus, conducting reference checks is very important during the hiring process. As a business owner, you must perform due diligence before making a decision that will greatly affect your company.

It is also imperative that you take the time to interview the individual candidates or firms. Check candidates in depth to see if they have experience in your industry, your size of company, and software sophistication.

Choosing an inside or outside accountant is a crucial part in your business owner responsibilities. You want to strengthen your business’s financial functions, improve its management reporting, and position it for growth. Therefore, taking the right steps to finding the right accountant for your business is a mountain worth climbing!

Every business, large or small, needs to protect itself from unfortunate or downright catastrophic losses. As it does for all things valuable—including your car, home, and even your life—insurance offers peace of mind and financial protection in times of trouble. Insuring your business is a smart move, as it can mean the difference between staying in business and going bankrupt.

The most common benefits of business insurance such as property loss, workers comp, and errors and omissions are well known, but you may be surprised by some of these loss coverages that a comprehensive policy affords you.

Legal Liability

Legal liability coverage typically comes in two forms, general and product liability, with general liability covering business-related injuries due to company negligence, whether on or off company premises. Product liability covers issues that arise due to inadequate services or defective merchandise.

Litigation is a time-consuming and expensive ordeal. Whether your company is found liable due to a court decision, contract violation, or legal statute, liability insurance is available to protect you. Basic liability insurance covers the costs associated with these liabilities, and a comprehensive general liability policy covers accidents and injuries involving a company employee.

While such policies generally cover medical expenses, attorney fees, and court fees, they do not cover product liability. For that, you need a separate policy.

Key Person Loss

No one likes to think about the possibility that a key employee may suddenly become disabled or die, but it is important to prepare for such an event so your business not only survives, but continues to operate smoothly. It’s true that life goes on regardless of loss, but the loss of a key person is not just a human tragedy—it can also result in significant financial loss for a company. Key person insurance helps mitigate any such losses.

E-Business Insurance

The Internet is a major business tool for most companies today. If your business’s Internet presence is disrupted by hackers or another breach, an e-business insurance policy protects you from revenue loss, theft of data, securities, software, and computer resources. It can also afford protection against loss of reputation, libel and public disclosure of private information. It can even cover the cost of consultants you’ll need to hire to both stop the attack and devise a plan for future attacks.

Data breach coverage assists in regulatory requirement compliance and is also available for defense and liability expenses in the event of a lawsuit due to a breach.

Business Interruption

One of the best benefits of business insurance on offer today may be business interruption protection. Most basic policies do not cover the indirect costs associated with losses, such as fire or flood. If your business suffers such a loss and has to close down completely, your general policy may cover repairs to the building and equipment, but it will not cover loss of income during the time it takes your business to recover or rebuild. You may be left with no income to cover normal expenses like salaries, benefits, and taxes, or even rent on a temporary location.

Quickly resuming business after a disaster is essential. Business interruption coverage will protect you from loss of revenue you would have made had the disaster not occurred, and covers operating expenses such as utilities and rent that may continue even as your income stream is disrupted.

Business Opportunity Plans

A Business Opportunity Plan (or BOP) acts as a starting point for many small businesses that require liability insurance. It allows your business to build a custom policy to cover specific areas in which you may suffer a loss. Primarily meant for “low risk” business, some common BOP coverages include:

  • Property insurance for your building, inventory, and equipment;
  • Equipment breakdown insurance, which covers things like power surges and operator error;
  • Rented vehicle coverage for autos that you lease, borrow, or hire;
  • Property damage and bodily injury liability if an employee, product, or service causes harm
  • Advertising injury coverage, which encompasses libel, slander, and copyright infringement

Finally, if you have a home-based business, your homeowner’s insurance is typically not sufficient to cover most business losses, so additional protection through a business policy is required.

The benefits of business insurance cannot be underestimated. The cost of insurance premiums is often offset by a tax deduction, so it’s just about always worth investing in a business insurance policy. To help you protect and maintain your company’s financial health in times of trouble, the SBA offers tips for buying business insurance.

If you don’t know a Form 1099 from a W-2, you and your business could be at risk. Each form has a different purpose, and employers have to handle each in its own way based on how the IRS lays out firm business owner responsibilities—and penalties.

Form 1099-MISC

The IRS calls its Form 1099-MISC an “information form” because it informs the IRS and the payee of monies paid as income other than wages, salaries, and tips. It is most commonly required of and used by employers who work with independent contractors.

As a business owner, you must prepare the 1099-MISC for anyone you have paid:

  • At least $600 in:
    • Rent
    • Services performed by someone who is not your employee
    • Prizes, awards, and other income payments
    • Medical and healthcare payments
    • Other payments specified in the IRS’s instructions
  • Any federal income tax withheld as backup withholding, regardless of the amount.

Using the 1099-MISC, you must report compensation paid under the following conditions to the IRS and to the recipient:

  • The payment was made to person who is not in your employ.
  • Money was paid in exchange for services in the course of your trade or business.
  • The payment was made to an individual, partnership, estate, or sometimes, a corporation.
  • Compensation equaled at least $600 during the year.

How and when the payee files their copy of the Form 1099-MISC is their responsibility, but you, as the business owner, must prepare and deliver the form by the end of February following the tax year in which the money was paid. If your business fails to issue the form on time, it faces penalties ranging from $30 to $100 for each form (depending on how long it takes for the business to issue the form). If the “failure” is intentional, the penalty increases to $250 per statement.

W-2 Form

The W-2 Form is a wage and tax statement business owners must provide to their employees for income paid for services performed. This includes any non-cash payments of $600 or more. The form reports:

  • All income in the form of wages, salaries, and tips.
  • Taxes withheld in compliance with federal, state, county, and city regulations as applicable.
  • Income, social security, or Medicare tax withheld.
  • Income tax that would have been withheld “if the employee had claimed no more than one withholding allowance or had not claimed exemption from withholding on Form W-4.”

Withholding is determined by the W-4 Form completed by the employee at hire (and revised periodically to reflect current status). The W-4 authorizes the employer to withhold taxes for a specified number of dependents. The taxes are withheld and paid regularly to the respective taxing authority.

Conscientious and accurate filings are among your business owner responsibilities. So the W-2 Form serves to provide the employee with a record to verify the withholding and deductions along with his or her annual personal report to the IRS.

The W-2 contains a number of boxes and codes designating the relevant income, taxes, withholding, and government agency. It is issued in six copies, some or all of which will be filed by the recipient employee. Payroll software and electronic filing make this otherwise cumbersome task easier.

Employers must mail the W-2 Form to employees no later than January 31 and to the IRS with the summarizing W-2s no later than February 29. Employers may request an extension, but requests are not often granted. If you cannot file the forms on time but can within 30 days, your business is subject to a penalty of $30 per form. Where the process is completed after March 30 but no later than August 1, the fine increases to $60 for each W-2. Failing to meet the August 1 date raises the penalty to $100 for each form to a maximum of $1,500,000. While these penalties are proportionately lower for small businesses, the impact is proportionate as well.

Business Owner Responsibilities

Business owners must comply with the filing regulations imposed by the IRS, Social Security, Medicare, and other taxing agencies. Absent cooperation, they face significant penalties. Any qualified payroll, accounting, or business adviser can help you fulfill your business owner responsibilities with regard to the Form 1099-MISC and the W-2 Wage Statement. But the litigation and penalties arising from mischaracterized independent contractors and under-reported overtime mandates your alert oversight.

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