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Creative Financing and Tax Options for Small Business Owners presented by Trina Lang Steven Mills, CPA Nancy Catarisano, CPA Insero & Company CPAs, P.C. November 13, 2013 Insero & Company presents

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Page 1: Creative Financing and Tax Options for Small Businesses

Creative Financing and Tax Options for Small Business Ownerspresented by

Trina LangSteven Mills, CPANancy Catarisano, CPA

Insero & Company CPAs, P.C.

November 13, 2013

Insero & Company presents

Page 2: Creative Financing and Tax Options for Small Businesses

Seeking Financing

Page 3: Creative Financing and Tax Options for Small Businesses

Prior to Seeking FinancingAnalyze the Business First

• Capital Structure – Current Levels of Debt and Equity

• Current Earnings and Cash Flows

• Company Goals, Plans, and Expectations

• Current Owners Objectives and Needs

Page 4: Creative Financing and Tax Options for Small Businesses

Business Discussion

• Review Historical Financial Results• Discuss Backlog/Forecast• Look at cash flow indicators - receivables and

payables• Review for unusual or discretionary items:

- one time expenses

- bonus

- owner’s benefits

- tax planning effects

Page 5: Creative Financing and Tax Options for Small Businesses

Proforma Financial Results

Net income per financial statement or tax return $ 0

Add-backs

Officer bonus 20,000

Staff bonus 5,000

Profit sharing contributions 10,000

Consultants 5,000

Website 10,000

Discretionary income before one-time only and tax planning initiatives $ 50,000

Page 6: Creative Financing and Tax Options for Small Businesses

Purpose of Financing

• What is the financing needed for:• Research & Development• Equipment• Real Estate• Inventory on a Purchase Order• Acquisition• Refinancing or restructuring existing debt• To fund operating losses• To fund normal operating fluctuations

• How much financing is needed:• Budget converted to forecasted cash flow• Make sure its enough

Page 7: Creative Financing and Tax Options for Small Businesses

Balance Sheet 12/31/12Actual

ASSETS LIABILITIES

Cash $5,000 Accounts Payable $10,000 Accounts Receivable 20,000 Bank Debt 23,250 Inventory 0  

Total Liabilities 33,250

Fixed Assets

Car 15,000 Copier 6,000 Common Stock 500Equipment 10,000 Retained Earnings - 2,250

Total Fixed Assets 31,000 Net Income - Current Year 0

Less: Accum. Depreciation (20,000) Total Owners' Equity 2,750 Net Fixed Assets 11,000

TOTAL LIABILITIES AND TOTAL ASSETS $36,000 OWNERS' EQUITY $36,000

Page 8: Creative Financing and Tax Options for Small Businesses

Income Statement

XYZ CompanyIncome StatementFor the Year Ending December 31, 2013

Acutal Actual Budgeted BudgetedQ1 Q2 Q3 Q4 Total 2012

Sales 142,000$ 180,000$ 190,000$ 189,750$ 701,750$

Cost of Goods Sold 99,400 126,000 133,000 130,900 489,300

Gross Profit 42,600$ 54,000$ 57,000$ 58,850$ 212,450$

Expenses:

Advertising 750 750 750 750 3,000Automobile 3,000 3,000 3,000 3,000 12,000Insurance 1,500 1,500 1,500 1,500 6,000Interest Expense 1,200 1,200 1,200 1,200 4,800Offi ce Supplies 1,050 1,050 1,050 1,050 4,200Payroll 18,000 19,000 20,400 20,400 77,800Payroll Taxes 1,800 1,900 2,040 2,040 7,780Rent 7,500 7,500 7,500 7,500 30,000Telephone 1,875 1,875 1,875 1,875 7,500Untilities 1,290 1,290 1,290 1,290 5,160

Total Expenses 37,965 39,065 40,605 40,605 158,240

Net Income 4,635$ 14,935$ 16,395$ 18,245$ 54,210$

Page 9: Creative Financing and Tax Options for Small Businesses

ASSETS LIABILITIES

Cash $5,960 Accounts Payable $50,000 Accounts Receivable 60,000 Bank Debt 20,000 Inventory 50,000  

Total Liabilities 70,000

Fixed Assets

Car 15,000 Copier 6,000 Common Stock 500Equipment 10,000 Retained Earnings - 2,250

Total Fixed Assets 31,000 Net Income - Current Year 54,210

Less: Accum. Depreciation (20,000) Total Owners' Equity 56,960 Net Fixed Assets 11,000

TOTAL LIABILITIES AND TOTAL ASSETS $126,960 OWNERS' EQUITY $126,960

Balance Sheet 12/31/13Projected

Page 10: Creative Financing and Tax Options for Small Businesses

Income Statement

XYZ CompanyIncome StatementFor the Year Ending December 31, 2013

Acutal Actual Budgeted Budgeted Accrual T/R Cash CashQ1 Q2 Q3 Q4 Total 2013 Total 2013 Difference

Sales 142,000$ 180,000$ 190,000$ 189,750$ 701,750$ 661,750$ (40,000)

Cost of Goods Sold 99,400 126,000 133,000 130,900 489,300 (539,300) (50,000)

Gross Profit 42,600$ 54,000$ 57,000$ 58,850$ 212,450$ 122,450$

Expenses:

Advertising 750 750 750 750 3,000Automobile 3,000 3,000 3,000 3,000 12,000Insurance 1,500 1,500 1,500 1,500 6,000Interest Expense 1,200 1,200 1,200 1,200 4,800Offi ce Supplies 1,050 1,050 1,050 1,050 4,200Payroll 18,000 19,000 20,400 20,400 77,800Payroll Taxes 1,800 1,900 2,040 2,040 7,780Rent 7,500 7,500 7,500 7,500 30,000Telephone 1,875 1,875 1,875 1,875 7,500Untilities 1,290 1,290 1,290 1,290 5,160

Total Expenses 37,965 39,065 40,605 40,605 158,240 118,240 40,000

Net Income 4,635$ 14,935$ 16,395$ 18,245$ 54,210$ 4,210$ (50,000)Debt (3,250)

960$

Page 11: Creative Financing and Tax Options for Small Businesses

Debt Service Coverage Ratios (DSCR) 12/31/13

Accrual Cash

Net Income $54,210 $4,210

Add Back:Depreciation 0 0Interest Expense 4,800 4,800

Cash Flow Available for Debt Service 59,010 9,010

DEBT

Annual Principal and Interest Payments - existing 8,050 8,050Line of Credit - $50,000 2,250 2,250

10,300 10,300

DSCR 5.70 0.87

GOAL 1.20 1.20

Page 12: Creative Financing and Tax Options for Small Businesses

Collateral Coverage

 

 TERM LOAN

 BookValue  FMV

   

  EQUIPMENT 11,000 28,000

  DEBT 23,250 23,250

 

  LOAN TO VALUE 83%

       

       

  OPERATING LINE OF CREDIT  Year 1 Year 2     Accounts Receivable 20,000 60,000  Approved borrowing rate 75% 75% 

  Accounts Receivable borrowing limit $15,000 $45,000 

  Inventory 0.00 $50,000  Approved borrowing rate 50% 50% 

  Inventory borrowing limit $0 $25,000     

Total collateral value $15,000 $70,000

Page 13: Creative Financing and Tax Options for Small Businesses

Borrowing Capacity

General Rule

Cash 100%

Accounts Receivable

Eligible 75%

Ineligible 0%

Inventory

Raw Material 30 – 60%

Work-In-Process 0%

Finished Goods 50%

Other Assets 0%

Property 75 – 80%

Equipment

Existing 50%

New 75 – 85%

Talk with your

lender and ask how they are

computing for your

business.

Page 14: Creative Financing and Tax Options for Small Businesses

Bank Financing for Businesses

• Collateral Options: Personal real estate, cash surrender value life insurance policy, investment accounts• Home equity loans 85% loan to property value• Banks will typically loan even if 1st mortgage is with

another lender

• Loans under $100k not as much paperwork required; however if lower credit score, more involved financing package necessary• Expect to personally guarantee any loan until the

Balance Sheet of the business is strong• May require covenants, typical DSCR of 1.2

Page 15: Creative Financing and Tax Options for Small Businesses

Documents Needed for Financing

1. Personal Financial Statement2. Two Years Personal and Business Tax Returns3. Interim Financial Statements4. Budget – 2 to 5 years5. If Tax Returns show losses include a Quarterly

Summary Recap6. Accounts Receivable and Accounts Payable

Aging Reports7. Backlog report/Significant New Customers etc.8. Business Plan – if available

Page 16: Creative Financing and Tax Options for Small Businesses

Entity SelectionWhich one is right for your business?

Page 17: Creative Financing and Tax Options for Small Businesses

So many choices…

Page 18: Creative Financing and Tax Options for Small Businesses

Types of entities to choose from:

• Sole proprietorship

• C-Corporation

• S-Corporation

• Limited Liability Corporation (LLC)

• General/Limited Partnerships

Page 19: Creative Financing and Tax Options for Small Businesses

Sole Proprietorship

Most common type: Over 22 million filed tax returns as sole proprietorship in 2008, according to IRS “Statistics of Income Bulletin.”

Page 20: Creative Financing and Tax Options for Small Businesses

Advantages

• The easiest and least expensive to set up

• Owned by one person who receives all

profits

• Easy tax form to file each year (Schedule C)

• Examples: Consultants, Contractors, Sales

Sole Proprietorship

Page 21: Creative Financing and Tax Options for Small Businesses

Sole Proprietorship

Disadvantages

• Unlimited liability ; Creditors can attach to owner’s personal property. Possible solution: create a Single Member LLC.

• All profit is subject to self-employment tax.• Business succession is difficult.• Hard to raise capital. Financing is directly

linked to personal assets.

Page 22: Creative Financing and Tax Options for Small Businesses

Most recognizable type of business

Thoughts of large multi-national corporations come to mind

Is it right for a small business?

C-Corporation

Page 23: Creative Financing and Tax Options for Small Businesses

Advantages

• Separate legal entity; investors have limited liability if company fails. Personal liability is never shielded – consult your attorney.

• Unlimited longevity regardless of health or even death of investors

• Ability to raise capital by selling stock• Easy to transfer ownership• Various small tax benefits, such as possible

lower tax brackets, fringe benefits, etc.

C-Corporation

Page 24: Creative Financing and Tax Options for Small Businesses

Disadvantages

• Double Taxation, Double Taxation• Can be costly to form• Many formalities related to formation

C-Corporation

Page 25: Creative Financing and Tax Options for Small Businesses

Most prevalent type of corporate tax return:Over 4 million returns filed in 2010 regardless of industry, according to IRS, “Statistics of Income Tax Bulletin.”

S-Corporation

Page 26: Creative Financing and Tax Options for Small Businesses

Advantages

• Separate legal entity; owner has limited liability. Personal liability is never shielded – consult your attorney.

• Profits taxed once, to owners. Sometimes at a lower rate (some exceptions apply).

• Elimination of double taxation• Profits not subject to employment taxes (but

see next page…)

S-Corporation

Page 27: Creative Financing and Tax Options for Small Businesses

Disadvantages

• Limited number of owners• Same formalities as c-corporations• Owners must be paid a “reasonable” salary• Owners must be U.S Citizens or residents• Deductible losses (for owners) limited to cash

actually contributed to the company (basis).

S-Corporation

Page 28: Creative Financing and Tax Options for Small Businesses

A hybrid form of both a Corporation and a Partnership

Limited Liability Company (LLC)

Page 29: Creative Financing and Tax Options for Small Businesses

Advantages

• Members enjoy limited liability against debts or judgments. Personal liability is not shielded – always consult attorney.

• Profits taxed to owners once, much like s-corporations

• Fewer formalities and compliance issues• Unlimited longevity• Flexibility in creating operating structure• Owners can deduct losses if financed by debt and

they are responsible for paying back.

Limited Liability Company (LLC)

Page 30: Creative Financing and Tax Options for Small Businesses

Disadvantages

• Most members subject to self-employment taxes on profits

• Raising capital; hard to find outsiders willing to invest

• Fees charged by states • Can be difficult to understand tax allocation

to members if operating agreement is complicated.

Limited Liability Company (LLC)

Page 31: Creative Financing and Tax Options for Small Businesses

Advantages

• Very similar to LLC • Members may enjoy limited liability against debts

or judgments. Personal liability is not shielded – always consult attorney.

• Profits taxed to owners once, much like s-corporations

• Fewer formalities and compliance issues• Flexibility in creating operating structure• Owners can deduct losses if financed by debt they

are responsible for paying back.

General/Limited Partnerships

Page 32: Creative Financing and Tax Options for Small Businesses

Disadvantages

• Most members subject to self-employment taxes on profits

• Raising capital; members left to finance • Can be difficult to understand tax allocation

to members if operating agreement is complicated.

General/Limited Partnerships

Page 33: Creative Financing and Tax Options for Small Businesses

Every business will have a different answer!

Which one will you choose…

Page 34: Creative Financing and Tax Options for Small Businesses

• Health Insurance

• Retirement Plans

• Cash or Accrual Method

• State tax filings

• Governance

But, what about…

Page 35: Creative Financing and Tax Options for Small Businesses

Financing Options

Page 36: Creative Financing and Tax Options for Small Businesses

Characteristics of Common Types of Financing

Source Purpose SecurityEvaluation

Criteria Advantages Disadvantages

Banks/Credit Unions/Financial Institutions

Working capital, term loans, mortgages

A/R, Inventory, equipment, real estate, etc.

Credit analysis, collateral coverage and cash flow

Lower interest rates, no ownership dilution

Difficult to fund future growth without proven results, restrictive covenants

Asset-based loans Working capital, term loans

A/R, Inventory, equipment

Value of collateral Easier to obtain than traditional bank loans

Expensive

Leasing Facilities and equipment

Facilities and equipment

Value of collateral Various financial, accounting, and income tax benefits

Higher implicit interest rates, no benefit from asset residual values

Factoring Working capital A/R Value of receivables Easier to obtain than traditional bank loans, reduces collection efforts

Expensive

Government financing

Varies by Program Varies by Program Varies by Program Favorable rates and terms, financing opportunities for businesses that might not qualify for other financing

Complex paperwork, lengthy time delays, contractual and legal requirements

Venture capital Start-up and growth Equity in company Potential market leaders, high growth potential

Access to large dollar amounts and management advice

Difficult to obtain, dilutes ownership

Friends and Family/Angel investors

Start-up and growth Equity in company Higher-risk, start-up businesses

Often flexible and informal

Difficult to find, dilutes ownership

Page 37: Creative Financing and Tax Options for Small Businesses

SBA

• Guarantee Programs *See handouts.

• 7A (most common program)

• SBA Guarantees up to 85%

• No SBA fees on loan <$150K

• SBA Express- may be used for revolving line of credit – 50% guaranty

• 504 Program(long-term, fixed-asset loans) Bank 50%/NYBDC/SBA 40%/Borrower 10%

Page 38: Creative Financing and Tax Options for Small Businesses

Leasing Option:Decision to Buy or Lease

Leasing Purchasing

100% Financing Some leases provide 100% financing

Down payments are usually required

Cash Flow Lower initial cash outlays Larger initial cash outlays

Cancellation Option Some grant the option to cancel.Risk of obsolescence to lessor.

Not cancellable

Fixed Payments Typically fixed Variable if floating interest rates

Covenants Usually none Operating restrictions & covenants may exist

Interest Rates Usually higher Usually lower

Residual Value Lessor conservatively estimates to retain residual

Retain any salvage value

Page 39: Creative Financing and Tax Options for Small Businesses

New York State Programs

• Linked Deposit Program• Small Business Revolving Loan Fund• Excelsior Jobs Program

http://www.empire.state.ny.us/BusinessPrograms.html

Page 40: Creative Financing and Tax Options for Small Businesses

Linked Deposit Program

• Purpose to provide reduced rate loans to promote businesses to undertake projects that:• Improve their competitiveness• Gain market access• Modernize equipment• Expand facilities

• Apply through your bank• 2 – 3% interest rate savings

Page 41: Creative Financing and Tax Options for Small Businesses

Linked Deposit Program

• Maximum loan of $2,000,000 for 4 years• 2011 Amendment – Lifetime limit increased from

$1 Million to $2 Million and extended another 4 years.

• 2% Reduction • To manufacturers with 500 or less employees• Service Companies with 100 or less employees

• 3% Reduction • Distressed area located businesses• Certified Minority or Women-Owned businesses to

fulfill NYS or Federal Contract

Page 42: Creative Financing and Tax Options for Small Businesses

New York State Small Business Revolving Loan Fund

• 1.5 Million allocated to our region• Targeted for Small Businesses having

difficulty accessing regular credit markets• Information on state website is for

statewide.• Administered by Pathstone Enterprise

Center, Inc. for Finger Lakes and Western New York Regions

Page 43: Creative Financing and Tax Options for Small Businesses

Pathstone Enterprise Center, Inc.

• Mission to provide Training/Technical Assistance and lending to small businesses

• Loans range between $1,000 - $500,000• Businesses with impact to the community• Approximately $10 Million in total funding

available including state allocated money• Al Hartsig – (585) 340-3304

Page 44: Creative Financing and Tax Options for Small Businesses

Excelsior Jobs Program

The Excelsior Jobs Program is the NYS replacement to the Empire Zone/QEZE credit regime

For more information:http://nyworks.ny.gov

Page 45: Creative Financing and Tax Options for Small Businesses

Excelsior Jobs Program

Four new Fully Refundable tax credits exist:

1. The Excelsior Jobs Tax Credit: A credit of 6.85% of wages per new job to cover portion of the associated payroll cost.

2. The Excelsior Investment Tax Credit: Valued at 2% of qualified investments.

Page 46: Creative Financing and Tax Options for Small Businesses

Excelsior Jobs Program

3. The Excelsior Research & Development Tax Credit: A credit of 50% of the Federal Research & Development credit up to 3% of research expenditures in NYS.

4. The Excelsior Real Property Tax Credit: Available to firms located in certain distressed areas (See Investment Zone list) and to firms in targeted industries that meet higher employment and investment thresholds (Regionally Significant Project).

Page 47: Creative Financing and Tax Options for Small Businesses

Genesee Finger LakesRegional Planning Council

Regional Revolving Loan Fund• Loans $20,000 minimum/$200,000 max• Available for fixed assets/working capital• Must be turned down by traditional lender or used

for gap funding• Service/Industrial/Manufacturing Industries, Non-

retail• Job growth and retention must be proven• Application process-contact Finger Lakes

Regional Planning Council (David Zorn – (585) 454-0190, X14 for initial meeting ) or local IDA where project is located

Page 48: Creative Financing and Tax Options for Small Businesses

Economic Development Programs

• SBA 504 (previously discussed)• Great Rate Program

• Interest Rate Subsidy – 3%/4% if local• Non-retail, for profit business• Loan must create one job for every $75,000 or increase

employment by 10% whichever is less

• Great Rebate Program• Rebates on equipment purchases of at least $50,000 and

purchased without borrowed funds; meets job creation requirement

• $4,000 rebate or $5,000 if purchased locally

• Monroe Manufacturing Rewards Program• Provides manufacturing businesses with a rebate on mfg

equipment purchases of $25K - $49,999; $1,000 rebate upon proof

Page 49: Creative Financing and Tax Options for Small Businesses

Who is NYSERDA?

New York State Energy Research and Development Authority

• Public Benefit Corporation established by NYS law in 1975• Works through 26 Regional Outreach Contractors (ROCs)• Helping NYS reach its energy goals: reducing energy

consumption, promoting renewables, protecting the environment

• NYSERDA has partnered with Greater Rochester Enterprise (GRE)

Page 50: Creative Financing and Tax Options for Small Businesses

Greater Rochester Enterprise(Regional Outreach Contractor)Economic Development Growth Extension (EDGE)

• Regionally-based access to NYSERDA’s energy efficiency, renewable energy and R+D programs

• Matching project needs w/ the appropriate programs• Creating partnerships to encourage projects that spur investment and

job growth• Supporting efforts of the FLREDC• Assisting with the Consolidated Funding Application (CFA)• Educating business owners, community leaders and homeowners on

the benefits of energy efficient and renewable technologies

Haley RotterGreater Rochester Enterprise (GRE)[email protected](585) 530-6205

Page 51: Creative Financing and Tax Options for Small Businesses

Excell Partners

• Venture Capital fund that invests in seed and early stage high-tech start-ups in Upstate NY.

• Formed in partnership with University of Rochester and the State of New York

• Helps to launch and grow high tech start-ups by providing critical funding and business building expertise

• Bridges the seed stage funding gap • www.excellny.com• (585) 458-SEED (7333)

Page 52: Creative Financing and Tax Options for Small Businesses

Questions ?

Page 53: Creative Financing and Tax Options for Small Businesses

Thank You

Thank you for your attendance attoday’s program.

For more information regarding the topics discussed today, please feel free to contact:

Trina Lang Steven Mills, [email protected] [email protected]

585.697.9686 585.697.9629

Nancy Catarisano, [email protected]

585.697.9661

Insero & Company CPAs, P.C.www.inserocpa.com

Page 54: Creative Financing and Tax Options for Small Businesses

Insero & Company CPAs, P.C.Certified Public AccountantsBusiness & Financial Advisors

Rochester >> 585.454.6996Corning >> 607.973.2075

DisclaimerThese materials were prepared solely for the purpose of continuing professional education. They are distributed with the understanding that Insero & Company CPAs, P.C. and its employees are not engaged in rendering legal, accounting, or other professional service as part of this CPE presentation. If advice or other expert assistance is required, the services of a competent professional person should be sought. Please contact an Insero & Company team member with any questions.

The information contained herein is general in nature and based on authorities that are subject to change. Insero & Company CPAs, P.C. guarantees neither the accuracy nor completeness of any information and is not responsible for any errors or omission, or for results obtained by others as a result of reliance upon such information. Insero & Company CPAs, P.C. assumes no obligation to inform the reader of any changes in tax laws or other factors that could affect information contained herein. This publication does not, and is not intended to, provide legal, tax or accounting advice, and readers should consult their tax advisors concerning the application of tax laws to their particular situation. Circular 230 Disclosure: Any information contained herein, or on any website or email link associated with this document is not intended or written to be used, and cannot be used, for purposes of avoiding tax penalties that may be imposed on any taxpayer.

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