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How to File and Provide W-2s, W-3s, & 1099 Forms – Plus Important Updates for the 2013 Reporting Season
Caron Beesley
Post date: 01/14/2013 - 08:43

It’s that time of year again—W-2, W-3 and 1099 reporting season.

The Affordable Care Act has changed things a little this year in terms of the information you must provide your employees on their W2s. Read on for an update and a refresher of other reporting obligations and how to file the right forms.

Reporting Employee Wages and Taxes – What’s New on Form W-2

If you paid an employee any amount in wages in 2012, you must issue an annual W-2 form to report the wages, income tax, and FICA tax withholding, along with certain other employment-related payments. You should provide this information to both your employees and the Social Security Administration (SSA).

*New for the 2012 Tax Year* – As a result of the Affordable Care Act, businesses that provide health insurance to their employees are required to report the cost of coverage on employee W-2s. However, in order to allow businesses to update their payroll systems to support this requirement, most small employers are exempt from this requirement for the year 2012.  The criteria are as follows:

  • If you filed fewer than 250 W-2 forms in 2011, you are not required to report the cost of coverage on 2012 forms (filed with the SSA in early 2013). You do have the option of doing so, if you wish.
  • If you filed more than 250 W-2s, you will be required to comply with the new reporting requirements starting with the 2012 Form W-2.

If you are required or choose to report, the amount you report should include both the employee and employer contribution to the healthcare premium so your employees have a view of the true cost of this benefit. 

Read more on this topic from the IRS: Employer-Provided Health Coverage Informational Reporting Requirements: Questions and Answers.

How to File Form W-2 and W-3 With the Social Security Administration

As an employer, you must file Form W-2 and W-3 with the SSA by February 28, 2013. If you file electronically, the deadline is April 1, 2013. Here’s how to file:

  1. Electronic Filing – If you have less than 20 employees, you can file your W-2s online and print copies for employees. You’ll also need to file Form W-3 form at the same time showing total earnings and taxes withheld for all your employees. To avoid errors, you can verify names and SSNs online to ensure your records align with SSAs.
  2. Paper Filing – Follow these instructions for filing a paper W-2.

Provide Your Employees with W-2 Forms

In addition to filing Form W-2 and W-3 with the SSA, you’ll need to give your employees a copy of their W-2s with a postmarked data of January 31 or earlier. If you filed your W-2s online, these employee forms can be printed out automatically or you can download paper versions from IRS.gov.

Ask your employees to check that all the information on the form is correct. Any errors can be corrected using Form W-2c and Form W-3c.

For forms and updates about W-2 filing requirements, check out this W-2 Wage and Tax Statement Guide on IRS.gov.

Report Payments Made to Independent Contractors on Form 1099

If you used the services of an independent contractor in 2012 (i.e. non-employees), you’ll need to report compensation of $600 or more to the IRS on form 1099-MISC (downloadable here) and provide a copy to independent contractors by January 31, 2013.

Got Questions?

Always consult a knowledgeable tax advisor in matters of business taxation, as errors and mistakes can result in costly penalties.

 

 

4 Ways to Safeguard and Protect Your Small Business Data
Caron Beesley
Post date: 01/10/2013 - 08:44

Are you doing enough to safeguard and protect your small business data?

Small businesses are widely adopting data back-up practices to ensure data is retrievable should a disaster occur, but gaps remain. According to a July 2012 study by accounting software company Sage, the bulk of small businesses are backing up key data such as financial information, but most businesses back up that data on-site only. Furthermore, the study found that only 38 percent of surveyed small businesses have a formal emergency or disaster preparedness plan.

Given the brutal impact of Superstorm Sandy and other disasters that affect small businesses on a regular basis, these are worrying statistics.

“Backing up on-site may not be sufficient to protect small businesses from natural disasters – particularly if the business is located in an area prone to earthquakes, hurricanes, fires or flooding – or more common crises, such as theft or hardware malfunction,” said Connie Certusi, executive vice president and general manager of Sage Small Business Solutions, in a company press release.

“The development of a preparedness plan that includes solutions for protecting critical information, such us backing up off-site, could be the difference between getting a business on its way to recovery and worrying about its survival.”

So what’s the best way to make sure your small business data is secure and available at all times? Here are four tips:

1. Automate Your Back-Ups and Build in Redundancy

Whether you’re a freelancer or a 50-person firm, an automated back-up system is a must. Many of us know the value of backing up to a local hard drive (you can buy one that will store terabytes of data for under $100) or server.  But you should also consider backing up to a third party or off-site service. If your business property (along with your back-up device) is destroyed in a disaster, you’ll have the peace of mind of knowing that your data is retrievable.

Cloud back-ups are increasingly popular, whereby companies such as DropBox, Symantec and Carbonite will securely replicate, back up and store your data in the cloud (basically a shared computer hosted by a third party on the Internet). Cloud services are particularly beneficial for small business owners who may not have an in-house IT team to help them manage and administer server back-ups.

To help you determine the best approach for your business, read this blog: Finding the Best Backup Option for Your Small Business Data.

2. Consider Server Virtualization

According to a survey by CDW, 25 percent of small businesses have virtualized at least some of their servers, with improved data protection cited as a direct benefit. But what is server virtualization? Server virtualization allows you to take one physical server machine and run several virtual server environments (for example, your email, database, and web servers) on it. Essentially, one server performs the work of many. Along with cost benefits, virtualization also makes disaster recovery easier.   Read more about the ins and outs of server virtualization in this Server Virtualization Guide for Small Business on Small Business Computing.com.

3. Run a Full Service Security Suite

Safeguarding data is about more than backing it up. Intrusion attempts, computer viruses and malware all can compromise business data and threaten your systems.

Consider installing a hardware firewall. Most firewall systems protect your software, but by the time most firewalls are activated, the threat is already inside your network. But a secure appliance-based firewall between the Internet and your business data will block intruders and threats before they enter your network.

Anti-virus and spam filters represent another security layer that protects incoming and outgoing data. Use content filters; they protect local computers from malware threats by blocking entry to potentially harmful websites.

4. Have a Big Picture Disaster Preparedness Plan

Approximately 40-60 percent of small businesses never reopen their doors after a disaster (source).  While the value of our business data is incalculable, protecting your business and your employees by ensuring you are prepared for the eventuality of a natural or man-made disaster is equally critical. Create a plan of action to lessen the impact of disasters, and a disaster recovery plan to ensure you are up and ready for business sooner.

Check out SBA’s guides, tools and templates to help you prepare and improve your chances of recovering quickly should the worst happen – Small Business Emergency Preparedness Guide. You can also visit the SBA Learning Center for online courses, webinars and other tips to help you with your disaster planning.

Related Blogs

 

Calendar or Fiscal? Which Tax Year is Right for your Small Business?
Caron Beesley
Post date: 01/07/2013 - 08:51

Did you start a business last year? No? Are you planning to start one this year? Did you know you can choose the tax year you intend to operate under?  Choose well, because there are pros and cons for either method. 

A tax year is an accounting period for which you must report your taxable income and business expenses, and the law requires you to operate according to a consistent tax year. The most common is the most obvious: the calendar year. However, businesses can also report based on a fiscal tax year and a short tax year.

Here are some tips for choosing the right period for your small business.

1. Calendar Tax Year

This is a simple and intuitive method adopted by many small business owners, requiring you to track and report income and expenses to the IRS much like individual tax payers do: on an annual basis from January 1 to December 31.

Whether you should use this method is typically determined by how your business is legally structured. For example, if you are a sole proprietor, there is no separation of your business and personal taxes, so a calendar year method is typically required. Likewise, business partnerships or limited liability companies (LLCs) also will generally use the same tax year most business owner(s). S corporations and personal service corporations will also use a calendar year in most cases.

  • Generally, anyone can adopt the calendar year. However, if any of the following apply, the IRS requires you to adopt the calendar year:
  • You keep no books or records
  • You have no annual accounting period
  • Your present tax year does not qualify as a fiscal year
  • You are required to use a calendar year by a provision of the Internal Revenue Code or the Income Tax Regulations

Read more about the tax implications of your business structure.

2. Fiscal Tax Year

Many corporations and larger firms operate on a fiscal tax year basis – a period of 12 consecutive months ending on the last day of any month that isn’t December. For small businesses that might not have the accounting expertise on-hand to keep everything reconciled, a calendar tax year is easier to manage. But there are exceptions where it may make sense to consider a fiscal year. For example, if you operate a seasonal business, reporting income by calendar year could split your season and give a distorted view of income and expenses.

Likewise, if your business shows most of its expenses in one year and income in another, it may be worth looking into a fiscal tax year so that both periods are included in the same 12-month set.

3. Short Tax Year

Technically, a short tax year (less than 12 months) is not an annual accounting period; instead, it applies to businesses that didn’t exist for the entire tax year or those that changed their tax year period during the year.

If you started your business any time during the tax year, you still need to file a tax return for the time you were in existence. Requirements for filing the return and calculating tax owed are generally the same as the requirements for a return for a full tax year (12 months) ending on the last day of the short tax year.

Can You Change a Tax Year?

Once you’ve adopted a tax year, you may need to get IRS approval to change it. Typically, businesses that change their legal structure may wish to shift from a calendar year to a fiscal year method. In these cases, you will need to file Form 1128, Application to Adopt, Change, or Retain a Tax Year.

Read more from the IRS about Tax Years.

Additional Resources

Don’t Be a Social Media Marketing Skeptic – Learn Where and How to Start
Caron Beesley
Post date: 01/03/2013 - 08:53

There’s no doubt that social media marketing is a proven and established platform for connecting with customers, building a community and generating business. Yet, despite the evidence of its effectiveness as a marketing tool, surveys and studies say few small businesses are making active use of social media platforms like Facebook, Twitter or LinkedIn to promote products and services.

A report by eMarketer found that just 24 percent of small businesses have integrated social media in a structured way in their businesses. The report also references findings from Constant Contact that only 49 percent of small businesses consider social media marketing effective.

Why the skepticism? Here are a few reasons and excuses I’ve heard:

  • “I don’t know where to start”
  • “I’m too busy”
  • “I don’t know which social media site is right for my business”
  • “I tried it but it didn’t work”
  • “I’m struggling to build engagement”
  • “I don’t have enough updates to keep my site looking active”

Knowing where to start is perhaps the number one obstacle holding many small business owners back. Knowing what to do when you get there is next. For example, should you use social media to generate leads? For branding? Customer service? Marketing? 

There are numerous blogs on the SBA.gov Community offering tips for getting started in social media marketing. One consistent piece of advice runs through them all: find out where your customers are, start small, and, as you learn, grow out from there.

How?

Last year, I wrote a blog called: How to "Pull Your Head Out of the Sand" and Use Social Media in Your Small Business where I summarized some of the great recommendations from a social media panel at the 2012 National Small Business Week Conference in Washington, D.C. The panel featured experts from Twitter, Constant Contact, Yelp, Google and others. Here’s a summary of their recommendations, a great baseline for getting started:

  • Which Platform is the Right One? Erica Ayotte, social media manager with Constant Contact, recommends businesses start with one channel to test and nurture it. Then try to diversify: “Spend a little time each week exploring new platforms and figure out if they might be for you.” GrowBizMedia’s Rieva Lesonsky recommends: “...find out where your customers can be found, go there first, and then spread out from there… if you run a restaurant, yes, you probably should be on Twitter, but you should really be on Yelp first.”
  • How do You Find the Right People to Engage With? Use search tools to identify and follow people who are influencers in your industry. For example, if you are in the restaurant business, identify food bloggers in your region, give them a follow, and slowly you’ll start to build and grow your followers and influence. The panel also stressed connecting your social media activity to your loyal email subscriber list. Send them an email to let them know about your social media presence and generate new follows from those who are already engaged.
  • What’s the Best Way to Engage with Followers? This is the one area that takes time. Start with interesting information. Google’s Jeff Aguero recommends starting with quality content – something you do really well – then amplify it with social media. Web chats, contests and surveys are great ways to engage, but the panel cautioned small business owners to resist this form of heavy interaction until their new social efforts have had time to grow. “Once you’ve established awareness and trust, then look to step up your approach,” suggested Constant Contact’s Ayotte. “Don’t let perfection be the enemy of progress,” she explained. “It can take some time to figure out what content is going to resonate with an audience… Try something new if no one responds to your Facebook posts.  It’s OK.  Tweak your posts until you find your sweet spot.”

Don’t Forget to Integrate Your Email and Social Media Marketing

Email is still the preferred method of communication among consumers, and Constant Contact predicts that in 2013 it will remain their preferred marketing channel as well. Email is also a key element in driving social media success, “…using both together to support one another can boost a campaign and bring greater collective benefits, as opposed to using just one or the other,” advises Constant Contact.

Learn from the Experts

There are myriad webinars, ebooks, blogs and other tools that can help you learn the tricks of the trade. Small business organizations like SCORE, Small Business Development Centers, and others also offer advice and seminars on this topic (use this interactive map to find resources in your area).

Here’s a selection of SBA blogs that can also help with key areas of your social media strategy:

Contract Law – How to Create a Legally Binding Contract
Caron Beesley
Post date: 01/02/2013 - 08:56

Whether you are entering into a relationship with a customer, a vendor or an independent contractor, contracts are a fact of business. You need them because they serve as legally valid agreements protecting your interests.

But aren’t contracts laden with legalese? Don’t they have to be blessed by an attorney to ensure their validity? Not always.

In fact, I’ve seen contracts come across my table that are less than one page in length, in plain English, and still legally binding. How?

Generally, to be legally valid, most contracts must contain two elements:

  • All parties must agree about an offer made by one party and accepted by the other.
  • Something of value must be exchanged for something else of value. This can include goods, cash, services, or a pledge to exchange these items.

In addition, certain contracts are required by state law to be in writing (real estate transactions, for example), while others are not. Check with your state or with an attorney if you are unclear, but it’s always good business practice to put every binding agreement in writing.

Here’s how your small business can comply with these requirements and ensure your contracts are legally valid:  

1) The Ins and Outs of Reaching an Agreement

The point when two parties come to an agreement can be a little fuzzy. For example, many businesses will put a standard contract template before an independent contractor and expect it to be signed without any discussion. At that point – and the law is clear on this – a legal contract exists only when one party makes an offer and the other accepts all terms of that offer. So in this example, the contractor is still free to rebut any of the points in the contract and make a counter offer, until an agreement has been reached.

How Long Should an Offer Stay Open?

Offers are rarely accepted immediately and further discussions or amendments may be required. Unless the offer has a deadline for acceptance, it can remain open. It’s good practice to include an expiration date to ensure you have room to maneuver should you wish to change the terms or revoke the offer before a certain date.

Offers that are subject to an expiration date – known as option agreements – are typically price-driven or give the buyer the opportunity to mull the decision without fear of losing out to a competing buyer. It’s important to understand that a seller can place a fee on option agreements. For example, if you decide to give a buyer 30 days to think over a purchase, you can charge him for that. This typically occurs when the product or service is of high value or when the seller pledges not to sell that product to another customer during that 30-day option period. Likewise, a seller can’t revoke the offer until that 30-day period ends.

What about Counteroffers?

Bargaining or negotiating can often lead to a counteroffer. Once made, the legal responsibility to accept, decline, or make another counteroffer then shifts to the original offeror.

2) The Importance of Exchanging Something of Value

In addition to ensuring both parties are in agreement on the terms of an offer, the second element that ensures a contract is legally valid is that both parties exchange something of value.  This is important since it differentiates a contract from being a one-sided statement or even a gift. “Something of value” might be a promise to perform certain services by one party while the other party agrees to pay a fee for the work performed.

Most business transactions are based on this exchange of promises. However, the act of doing the work can also satisfy the exchange of value rule. For example, if you contract with a vendor to provide you X and Y, but you decide you need to add Z to the final deliverable, the vendor can create a binding contract by actually doing Z – something which you can’t quibble or get out of if you change your mind.

More Information and Resources

For more information about the legality of any agreements, consult a lawyer or attorney.  

For insights into what a contract should look like, check out available contract templates from SCORE. Use the search field to find “contract agreements” or other keywords for the type of contract you are looking to create. Also check out these blogs for additional tips: