Should I Repair or Replace My Roof? (Investigated)

While roofs are durable, they do have a ‘sell-by’ date. Repairing roof damage year after year can add up to more significant costs and eventually lead to serious leaks.

It’s important to get a roofing contractor out as soon as you notice any issues. A thorough inspection can reveal underlying problems that should be dealt with before repairs are made.

Cost

A new roof is a big investment for any homeowner. The best way to find out what your cost will be is to talk to a local roofing professional, who will also walk you through the process of a replacement and help you make an informed decision about your options.

One thing to consider is whether or not your roof has been damaged by a recent storm. A roof that has been through a hurricane, tornado, or other major storm is at risk of incurring further damage from high winds and flying debris. In addition, a homeowner should always have their roof regularly inspected to catch problems early.

The first signs of trouble can be quite subtle. For example, a sudden leak in the ceiling of a home can seem like a plumbing problem at first, but it could be a sign of a deteriorating roof. If a roof is leaking, it can cause further damage to the home, including interior water damage and mold.

Another important factor to consider is the age of the roof. A residential roof is designed to last for years, but there comes a point when it will need to be replaced due to age or extensive damage. A new roof can add value to a home and save homeowners money in the long run on energy costs.

A deteriorating roof can lead to rot and other structural issues that can be costly for homeowners. Replacing the roof will prevent this from occurring, and also keep pests away.

If you’re considering getting a personal loan to cover the cost of a new roof, be sure to do your research. It’s important to compare interest rates and monthly payments to ensure that you don’t end up with a predatory loan.

Another way to lower the cost of a roof replacement is by filing an insurance claim. Some insurers will provide a discount for homeowners who replace their old roof with a new, fire- and weather-resistant roof. Choosing an asphalt shingle roof can save homeowners up to 20 percent in insurance premiums.

Time

The roof is one of the most important features of any home, as it protects a family and their belongings from the elements and can also contribute to energy efficiency. However, as the years pass and it is exposed to weathering, the roof will begin to wear down. This can lead to the need for repairs or even replacement. The decision to repair or replace a roof can be difficult, but the right choice will ensure your family is safe and comfortable in their home for as long as possible.

The first thing to consider when deciding whether or not to repair or replace your roof is how old it is. All roofs have an expected lifespan and once that time is up, it will need to be replaced. Roof repairs can extend the life of your roof but they can only do so much.

Next, you need to consider how long you plan on living in your home. If you plan on selling it in the near future, it may be worth repairing or replacing your roof to increase its value and curb appeal. On the other hand, if you plan to live in your home for the rest of your life, it would be smart to replace your roof now to avoid the hassle and expense of a constant stream of repairs.

If you’re not sure which route to take, it is best to contact a roofing professional and schedule an inspection. They will be able to advise you on the best course of action depending on your budget, lifestyle, and the current condition of your roof.

Replacing your roof is a big investment but can add value to your home and help reduce utility bills in the future. It can also protect your belongings and prevent water damage from leaks. Regular inspections are also crucial to ensuring the integrity of your roof and keeping it in good shape.

Insurance

Of all the parts of your home, the roof has the most direct exposure to severe weather. In northern climates, the weight of snow and hail or ice can damage shingles or cause leaks. In tropical climates, hurricanes and wind storms can be problematic as well.

Most homeowners insurance policies will cover the cost of repairing or replacing your roof if it is damaged by one of these covered perils. If your roof is severely damaged, you should always file a claim with the company so that they can send an adjuster to inspect the damage. Once the adjuster has completed his inspection, he will offer his assessment of the damage and your coverage options.

If your insurance company agrees to repair or replace your roof, they will generally issue you a check to help pay for the work done. This is because the condition of your roof is important to the integrity and value of your home. Oftentimes, this partial payment will be a good incentive for you to get the repair or replacement done as quickly as possible.

Many home insurance companies also provide their policyholders with special access to contractors who can perform repairs or upgrades at a reduced rate. These contractors are typically vetted by the home insurance company to ensure they are qualified and reliable. This may not only save you money on a new roof, but it may also help your insurer determine the extent of the damage and how much they will pay to repair or replace it.

Unfortunately, most homeowners insurance companies won’t cover repair or replacement of a roof that is suffering from gradual wear and tear or damage caused by neglect. This includes mildew, debris accumulation, clogged gutters and more. If your roof is getting old and you want to sell your house in the future, it might be a better idea to have it replaced to increase your home’s value.

It is also important to remember that most policies only pay the current replacement cost for a roof, not what it was originally worth when new. You will need to review your home insurance policy at renewal time to determine if you have replacement cost coverage or actual cash value.

Maintenance

Your roof is a crucial line of defense between your home and the elements, protecting everything you have inside from wind, rain, snow and extreme temperatures. The roof’s role as a barrier is why regular maintenance is so important. Without it, a roof can become damaged to such an extent that you have problems with leaks, mildew, pest infestations and higher heating and cooling bills.

While you should hire a professional to perform the actual roof inspection and repairs, there are several maintenance tasks that you can do yourself to prolong the life of your roof. These include trimming tree branches so they don’t hang over your roof, cleaning gutters to ensure they’re clear of leaves and debris, inspecting soffits, eaves and shingle valleys for signs of water damage and re-caulking seams as needed.

Replacing missing shingles is an easy and cost-effective option for repair, but this might not be the best choice if your roof is in a highly visible area. In this situation, it’s often difficult to match the new shingles with the existing ones, which can be a problem if aesthetics are an issue.

Another repair option is a partial replacement, which involves removing the old shingles from one side of the roof and installing a new layer with a moisture barrier and a new shingle product. This can be a good solution if your roof is in relatively good shape otherwise, and the damage is limited to one section or side of the roof.

The final option is full roof replacement, which is typically the most expensive option. It’s also the most thorough option, as it allows for an inspection of the entire roof structure and replacement of any necessary components like soffits, eaves and gutters. This type of repair can be especially beneficial if the roofing material is approaching its sell-by date, as it can reset the clock on your roof’s lifespan and give you the opportunity to choose a more durable solution in the future.

A new roof can significantly raise your home’s curb appeal, but it can also be a huge investment for some homeowners. If you’re not sure whether or when to make that commitment, talk to a local roofing professional like these Providence roofers about an inspection and advice on the best route for your roof.

7 Common Household Pests to Watch

Identifying common household pests and their habits, like where they hide, can help prevent infestations or spot them early. Watch for squeaking at night, droppings, and nests made of pillow stuffing or shredded paper.

Cluster flies head indoors in autumn to outlast winter, usually gathering within crevices around windows, door frames, electrical fixtures and vents, and the areas behind exterior siding.

1. Rodents

Rodents are one of the most common household pests and cause significant problems for people. According to the National Pest Management Association (NPMA), rodents invade homes mainly during the fall and winter in search of food and shelter. They can contaminate food, damage buildings by chewing on wiring and insulation, and cause unsanitary conditions and foul odors. They also carry and transmit diseases, including rat-bite fever, plague, murine typhus, scrub typhus, trichinosis, salmonella, leptospirosis and hantavirus.

Rodents come in many shapes and sizes from the smallest mice to the pig-sized capybara and are found throughout the world in a variety of habitats. They are opportunistic feeders that consume both plant and animal matter. Many species are important in ecosystems as prey for larger predators and help spread seeds and spores.

In urban areas, rodents such as rats and mice are common in alleyways, sewers, basements and attics. In natural areas, they inhabit forests and woodlands, where they nest in trees or burrow in the ground. They are also present in grasslands where they live in large colonies and dig extensive tunnels for protection and to forage. Some rodents are solitary, while others like squirrels, chipmunks and beavers are highly social.

2. Bed Bugs

Bed bugs are wingless insects from the Cimex genus that feed on blood, usually people’s, at night. They can cause skin rashes, psychological impacts and allergic symptoms in humans. These nocturnal creatures can also spread from dwelling to dwelling by being transported on clothing, backpacks or bags. Caregivers, firefighters and other emergency service workers are especially at risk of transporting these pests. Adults are reddish-brown, flat and about the size of an apple seed. Younger bedbugs, called nymphs, are translucent or yellowish in color.

These insects pierce the skin with mouth parts that saw through the upper layers of the epidermis to access blood. The bites leave itchy, raised bumps that can lead to secondary infections like dermatitis. Some people are highly allergic to bed bug bites and develop a persistent, itchy rash.

The only species of bed bug known to occur in Indiana is Cimex lectularius, also called mahogany flat, redcoat, wall louse or mahogany louse. It is found around the world, including the continental United States, where it has numerous common names. Unlike other insects, the last larval stage of this pest transforms directly into an adult, without going through a non-feeding pupal period. Infestations are typically marked by dark spotting and staining, tan-colored skins shed by developing nymphs and rusty or reddish stains from digested blood.

3. Spiders

Spiders are a common household pest, crawling into two out of three American homes. They’re often feared and hated, but if you look beyond the scary webs that spin them and the creepy legs that skitter across the floor, you may be surprised to learn that they’re important for controlling pest populations.

Spider’s diets are diverse, and many species hunt a wide range of insects that can spread diseases to humans, including mosquitoes, fleas, flies, and cockroaches. The jumping spider (Salticidae) is one of the most effective spiders for this purpose, relying on its ability to jump several times its body length to catch a variety of insects in mid-air.

Even wolf spiders, which can be quite large—up to an inch and a half long—have a beneficial role in our ecosystems by keeping the population of other insect pests in check. These “silent sentinels” hunt ground-dwelling insects such as ants, beetles, and other spiders, and can also be helpful in keeping aphid infestations in check.

They’re also known to prey on black widows and brown recluses, helping to curb their populations. And while most spiders do not attack humans, they are “good neighbors” by reducing the number of other insects that can spread disease to people and pets.

4. Mosquitoes

Mosquitoes (Culicidae) are a significant public health concern because some species cause disease. The most significant problems are associated with mosquitoes that transmit diseases such as yellow fever, Zika virus, dengue, malaria, and filariasis. Female mosquitoes feed on blood from vertebrate hosts, including humans, to produce eggs. The saliva of some mosquitoes contains enzymes that inhibit blood clotting and help the mosquito extract blood to feed on.

Mosquito season peaks in summer, but these pests are active year-round. They can infiltrate homes through holes in walls and foundations, as well as through open windows and doors. They are especially problematic in humid climates.

Mosquito eggs hatch into aquatic larvae called wrigglers that move with jerking movements and feed on algae and organic debris. Larvae change into pupal cases that cling to surfaces. Adult mosquitoes emerge from the pupal case when water conditions change. They have two piercing mouthparts that stab into the skin to draw blood. They can be attracted to the odors of food and drink, human exhaled carbon dioxide, body odors, and movement. A hum generated by the beating of the female’s wings may aid in locating hosts. Mosquitoes can also feed on nectar and plant sugars.

5. Flies

Flies (Musca domestica) are found worldwide and contaminate food and other surfaces with microbes that can cause disease in humans, pets and livestock. Their presence in homes, barns and other structures is undesirable. Flies can also spread pathogens to animals they touch, and some species are aggressive biters.

House flies breed in organic materials such as animal carcasses, manure and garbage. They can enter homes and other buildings from open or poorly screened windows and doors, and from unclean conditions such as spilled soda or alcohol, pet feces, and scums around drains.

Cluster flies are similar to house flies but they hold their wings parallel with the body, and have no black stripes on the thorax (middle part of the fly). They invade homes in late fall or winter as they seek a warm, dry place to overwinter. They can be controlled by locating and eliminating their breeding sites in wall voids, attics, and crawl spaces.

Chattanooga pest control advices people to regularly check stored foods, spices, and dried pet foods for infestations by these pests. Store these items in airtight containers or in the refrigerator.

6. Centipedes

Centipedes, often called “hundred-leggers,” are important household pests that prey on a variety of insects and other invertebrates. Although some people think of them as frightening, these pests don’t bite and don’t cause any serious harm to humans.

During the day, house centipedes hide under objects or in damp areas and come out at night to hunt for food. They enter homes primarily through basements, crawl spaces and other damp areas but can also invade through windows, doors and cracks.

These pests can be found all over the country and are typically more of a nuisance than a health concern. They can be distinguished by their elongated, wormlike bodies and slender antennae. They have one pair of legs for each body segment and are a brown or reddish orange color.

To reduce a problem with these pests, minimize moisture and remove dark hiding places. Outside, remove leaf mulch, boards, heavy accumulations of soil and other debris that may attract them. Decrease the humidity around the home by using a dehumidifier, sealing entry points and grading the soil to drain away from foundation walls. Insecticides labeled for centipede control, such as boric acid in dust form, can be applied to crevices and other hiding places.

7. Earwigs

Earwigs get a bad rap because of their intimidating appearance, but they only pinch humans or pets in very isolated cases and cause no serious injury. They do not carry disease-causing pathogens and are not venomous, although their pincers can break skin or leave tiny red marks if handled roughly.

Nocturnal, earwigs hide during the day under loose clumps of soil, among plants or in crevices. They feed on soft-bodied pests, insect eggs and decaying plant parts and thrive in gardens, flower beds and vegetable plots. Earwigs can also be a problem in the home, seeking shelter in dark, moist crevices and moving into homes in search of food and water.

They are most problematic indoors in basements, closets and bathrooms, where they can be swept up or killed with fly swatters. To help keep them outside, remove their favorite outdoor hiding places such as piles of leaves or hay, woodpiles, thick growths of vines or weeds and dense mulch near vegetable garden beds. Eliminate moisture conditions that encourage earwigs by cleaning up rain gutters, draining puddles and reducing soil humidity. Also, seal cracks around faucets and air-conditioning units and enclose garden areas with gravel or other barriers.

What is Entrepreneurs Relief? Tax Relief Explained

In the event that the assets or shares of a company have been sold off or liquidated, a subsequent tax is placed on any profits accrued therein, of which is primarily payable to the governing body. This taxable percentage can vary depending on the amount, value, and nature of the liquidated assets.

However, certain caveats exist that allow an individual to retain more of their profits and reduce the total percentage of tax that is placed on the assets and shares, one among which is referred to as entrepreneurs relief.

Entrepreneurs relief, in short terms, is a form of tax relief geared towards proprietors, directors or shareholders of a company as it is being liquidated or sold off in some manner, wherein the capital gains tax involved in said liquidations and sales are reduced significantly – up to fifty percent, in fact.

What is Capital Gains?

The term capital gains refers to the difference between an asset’s initial value and that of its relative value once it has been liquidated or otherwise sold – oftentimes simply being referred to as “gains”.

In terms of company asset liquidation and selling, this can equate to the shares of a company being valued significantly higher than they were initially found to be due to the company growing or similar circumstances.

A similar circumstance can be found in the fact that the assets of a liquidated company or that of a company selling their assets have also gained in value as time passes, of which is subject to capital gains tax in the event that they are sold off.

What is Capital Gains Tax?

capital gains tax

By extension of the concept of capital gains is capital gains tax – a levy placed on any subsequent profits accrued from the liquidation or selling of company assets and stocks, especially in the case of a dissolved or otherwise winded up company.

At the current time, the ordinary rate of capital gains tax is thirty-three percent, of which may be lowered through the use of entrepreneurs relief or other forms of tax relief related to the liquidation or disposal of a company and its underlying assets.

Why does Entrepreneurs Relief Exist?

In the UK, entrepreneurs relief has in fact been replaced with a similar but more effective bill therein dubbed “business asset disposal relief”, wherein it serves much the same function of reducing the capital gains tax incurred from disposing of business assets down to a much smaller ten percent.

However, despite this, the original purpose of entrepreneurs relief still lives on in its successor tax break, wherein directors and shareholders being placed at a disadvantage due to the liquidation or dissolution of their company and its assets can receive a larger sum of money from said liquidation.

There are limits to entrepreneurs relief, however, as it is not a catch-all tax break, and can only apply to certain assets and certain companies that fall into the described criteria.

What Company Assets Qualify for Entrepreneurs Relief?

In order for a particular asset to qualify for the reduced capital gains tax that is under the purview of entrepreneurs relief and its replacement tax break, several criteria must be met by said asset and its company at the time of its disposal or liquidation.

The largest and most obvious among these is the fact that the asset must be owned beneath a trading company – as well as also in the ownership of a sole trader who is utilizing said asset in a trade.

In terms of shares of a company qualifying for entrepreneurs relief, said shares must be held by a sole trader who is in the employ or related in some way to the trading company that is being liquidated or is selling their shares.

How Does a Company Qualify for Entrepreneurs Relief?

Much like how an asset or company share must meet certain criteria in order to qualify for the tax reduction benefit of entrepreneurs relief, the company being traded or liquidated must also fit the criteria for reduced capital gains tax.

The first of these criteria is the need for the company to actually retain ownership of assets, securities or other forms of financial implements and inventory that may undergo the process of liquidation.

Apart from the obvious need for actual assets and shares, the company must also have been in existence for longer than three years, as a requirement for individuals qualifying for entrepreneurs relief is the direct ownership of a share or asset for a continuous period of three years at a minimum.

However, certain characteristics of a business can do quite the opposite – and preclude the company from qualifying for the tax breaks imparted by entrepreneurs relief.

These are that of a company in possession of securities or other forms of investments, as well as company ownership of development land or letting land, all of which will require more complex motions and caveats to be addressed instead of entrepreneurs relief.

Who Qualifies for Entrepreneurs Relief?

In order for the designated recipient to qualify for the reduced capital gains tax of entrepreneurs relief, they must retain ownership of whatever asset that is being disposed of or liquidated for a period of three years at a minimum.

This is in tandem with the requirement that the business asset be used or employed beneath a qualifying company – a set of criteria mentioned in the previous section of this article.

If the particular financial implement being sold off is that of company shares, the individual must have retained a minimum of five percent ownership of said stock pool being sold for a minimum of three years, much like that of qualifying assets.

How is Entrepreneurs Relief Calculated?

Apart from the life-time limit of one million euros that may be deducted as a tax break from capital gains tax, a flat ten percent tax rate is applied to any money made from the disposal or liquidation of company assets and shares.

This tax rate, otherwise known as capital gains tax or CGT, is not applied to the entire value of the asset or share being sold, but instead the difference between its original paid value at the time of purchase and that of its liquid value at the time of selling.

As such, an asset qualifying beneath entrepreneurs relief that was originally purchased for two-hundred euros and sold for three-hundred euros will only have a tax cost of ten euros, for example.

Even in the event that the asset is sold for less than it was purchased for or that no due taxes are applicable in the sale of said asset, a tax return must still be filed for the purposes of record keeping and verification.

Does Entrepreneurs Relief Apply to Insolvent Company Liquidation?

Though now known as BADR or business asset disposal relief, entrepreneurs relief does apply to profits made from the liquidation of a company’s assets and shares – though with certain caveats that must be accounted for in the event that an insolvent company wishes to file for a capital gains tax break.

Among these is that the liquidation of said company must be of a voluntary nature, such as in the case of a member’s voluntary liquidation instead of a compulsory liquidation as would be imposed by the companies house or a court order.

As such, by the very nature of this particular rule, insolvent companies not undergoing voluntary liquidation are automatically disqualified from the benefits of entrepreneurs relief.

This may be avoided through the usage of a CVA or company voluntary arrangement, either with creditors or in a court of law.

References

1. Unknown Author. (N.D.) “Business Asset Disposal Relief” UK Government. Retrieved on February 9 2022 from (https://www.gov.uk/business-asset-disposal-relief)

2. Jason Fernando, Lea D. Uradu, Timothy Li. (January 20 2022) “Capital Gains Tax” Investopedia Tax Laws and Regulations. Retrieved on February 9 2022 from (https://www.investopedia.com/terms/c/capital_gains_tax.asp)

3. Gennaro A. Insolvency Risk and Value Maximization: A Convergence between Financial Management and Risk Management. Risks. 2021; 9(6):105. https://doi.org/10.3390/risks9060105

4. Michael J. Buckle, John L. Thompson. (1995) “The UK Financial System: Theory and Practice” Manchester University Press ISBN 0719048168, 9780719048166

Members Voluntary Liquidation Tax: How it Works

In the case of a company voluntarily choosing to wind up their operations, one of such options available to them is that of the member’s voluntary liquidation, wherein a company of solvent capacity and without outstanding liens or legally binding motions is closed by the decisions of its constituent members.

Member’s voluntary liquidation is considered among one of the most tax efficient methods of voluntary company dissolution and as such is often one of the first options for such a situation – though this is not to say that member’s voluntary liquidation does not have a cost and its own set of drawbacks.

Member’s voluntary liquidation and its subsequent taxes are considered an excellent option in the case of a company’s liquidation due to the relatively low percentage of tax that is placed on the assets and funds withdrawn from the solvent company to be liquidated.

What is Members Voluntary Liquidation?

what is a voluntary liquidation

Member’s voluntary liquidation, otherwise abbreviated to MVL, is a legal motion performed for the purposes of ending the affairs and operations of an otherwise legitimate and solvent company.

Marchford – a team of closure specialists – note that the primary purpose of a member’s voluntary liquidation is the subsequent distribution and administration of company assets and funds to its members prior to the company being removed or “struck off” in the companies house department of the government.

Like all large scale transfers of wealth and assets, the dissolution of a company with distributable funds and corporate assets is subject to taxation, both in terms of a percentage and in a gross amount usually set by the volume and value of said distributable company assets.

How is a Members Voluntary Liquidation Performed?

Apart from making the appropriate consensus and decisions to liquidate and otherwise cease operations of the company, the director or directors must declare that said company is in a state of solvency and is otherwise capable of paying back their creditors and other liabilities within twelve months or sooner.

Apart from this, the company must appoint a licensed insolvency practitioner or similar certified professional liquidator so as to ensure that no area of the liquidation proceedings is overlooked and in order to facilitate the disbursement of funds and assets once the dissolution process has been completed.

From this point onwards, the liquidator and their agency (if not a solo contracting liquidator) will notify the companies house and other concerned parties of the company’s desire to cease operation and of the subsequent liquidation of its assets.

As is true to their job title, the liquidator will liquidate said assets once the appropriate parties have been notified and subsequently distribute the funds or other financial materials to the proper individuals, as well as pay back any liabilities or creditors if such circumstances are the case.

Is Members Voluntary Liquidation Cheaper for Taxes?

Yes – member’s voluntary liquidation is considered the most efficient method of liquidating and dissolving a solvent company in terms of taxation, wherein any funds or assets withdrawn from the shut down company will be considered beneath the business asset disposal relief clause and as such only subjected to a measly 10% tax rate.

This, of course, is in addition to the annual exempt amount that is applicable to every form of capital gains within the threshold set on an annual basis, and as such said threshold amount will not be factored into the tax percentage calculation during voluntary liquidation.

What is Business Asset Disposal Relief?

Business asset disposal relief is a relief clause that reduces the capital gains tax rate of any capital gains distribution from the sales, liquidation or other methods concerning a company entity.

In relation to member’s voluntary liquidation, this can equate to outstanding shares and liquidated assets only being subjected to a ten percent taxation rate as is the standard for any funds being withdrawn from a company beneath business asset disposal relief.

To qualify for this, however, the company must have been established and trading for two years at the minimum, as well as the fact that any assets of said business must be liquidated or disposed of within three years of the filing.

How and why is a Liquidator Acquired for Voluntary Liquidation Proceedings?

Liquidators may either be appointed by a governing entity, in a court of law, or externally hired from a firm by the dissolving company itself – as is the case in member’s voluntary liquidation.

The appointing of a professional liquidator is a requirement in the processing and completion of a member’s voluntary liquidation proceeding, as the liquidator will both legally ensure that no wrongdoing or illegal practices occur as well as ensure that the company’s affairs are entirely in order so as to prevent any problems from interrupting the MVL process.

Finally, the appointed liquidator will also be responsible for the disbursement of funds and company assets once the member’s voluntary liquidation procedures have been completed

How Much is Members Voluntary Liquidation Tax?

If qualified for business asset disposal relief via the route of capital gains, the tax rate is set at a solid ten percent of any money or assets withdrawn from the now closed company.

This, of course, does not include the tax free annual exempt amount within the capital gains tax threshold.

The business asset disposal relief tax rate is only applicable to member’s voluntary liquidation, however, as other routes of closing companies down such as company dissolution or insolvent voluntary liquidation do not qualify for capital gains tax relief beneath business asset disposal relief.

Are there Other Fees Involved in Members Voluntary Liquidation?

Apart from the compulsory tax rate that is subtracted from any funds withdrawn from the closed company, several other fees are applicable in the process of member’s voluntary liquidation, adding to the total cost of performing a member’s voluntary liquidation.

The first and most compulsory among these fees is the monetary compensation given to the insolvency practitioner or licensed liquidator for their services, of which will likely be variable depending on the size of the company, the complexity of the proceedings and the hours said liquidator spends on said case.

Other fees encountered during member’s voluntary liquidation are that of the public notification of the company’s closure in the Gazette, as well as several miscellaneous processing fees in concerns to the HMRC, companies house, court of law (if applicable) and liquidator agency.

What is Phoenixing and the TAAR Law?

Only recently brought into fruition, the TAAR or targeted anti-avoidance rule is a tax rule that changes the status of any funds or assets received from a liquidated company to that of income instead of capital, at least in the eyes of taxation agencies.

This, however, is not entirely applicable to every liquidation of a company, as this change in disbursement taxation is only applicable in the case of phoenixing, suspected tax avoidance, if the recipient is a stockholder in the liquidated company with a total stake of over five percent and that the liquidated company is legally considered closed or shut down.

All four of these factors must be encountered in a single case for the targeted anti-avoidance tax rule to apply to the recipient and their subsequent liquidated fund disbursement, of which will essentially invalidate the benefit of the business asset disposal relief and its capital gains tax threshold of ten percent.

In order to avoid this from occurring, it is important for the recipient to avoid phoenixing, a practice wherein they will conduct trade or operate a business similar in operation and name to the closed company that is disbursing liquidated assets.

Other methods to prevent the TAAR from interfering with the member’s voluntary liquidation tax is to conduct business and tax proceedings in a clear and communicable manner as well as to contract the services of a tax specialized audit firm so as to avoid making any blunders that may be misconstrued as tax avoidance or phoenixing.

References

1. Adam Hayes, Chip Stapleton. (May 30 2021) “Voluntary Liquidation” Investopedia Investopedia Corporate Finance and Accounting Retrieved on Feb 6 2022 from www.investopedia.com (https://www.investopedia.com/terms/v/voluntary liquidation.asp#:~:text=A%20voluntary%20liquidation%20is%20a,a%20court%20(not%20compulsory).)

2. Unknown Author. (N.D.) Australian Securities and Investments Commission. “Illegal Phoenix Activity” Retrieved on Feb 6 2022 from asic.gov.au (https://asic.gov.au/for-business/small-business/closing-a-small-business/illegal-phoenix-activity/)

3. E.Han Kim, John D. Schatzberg, Voluntary corporate liquidations, Journal of Financial Economics, Volume 19, Issue 2, 1987, Pages 311-328, ISSN 0304-405X, https://doi.org/10.1016/0304-405X(87)90007-9. (https://www.sciencedirect.com/science/article/pii/0304405X87900079

Accountant vs Financial Advisor: The Differences Explained

With the large multitude of different occupations and individuals directly acting beneath the financial sector, it is by no stretch of imagination that corporation executives and individuals in need of assistance with their finances may become confused when presented with the different options available to them.

Fortunately, for most ordinary individual financial needs, highly specialized and certified professionals such as experienced CPAs or similar are not quite needed, so long as the particular financial problems do not require specific expertise.

An accountant and a financial advisor may be differentiated by the particular services they offer and their specific function within an organization in the event that they are part of a firm or agency. Depending on the entity or individual’s needs, either an accountant or financial advisor is a suitable candidate for assistive financial work.

What Does an Accountant Do?

accountant

An accountant is an individual working in the financial sector wherein they may or may not act as a certified professional, capable of dispensing advice pertaining to taxation, auditing, finance, corporate and asset insolvency and many other duties related to the world of business and finance.

The term accountant, however, may be used by any sort of person that wishes to refer to themselves as such, and it is only by taking a certification exam that an accountant may be considered professionally competent in the field of accountancy, oftentimes taking on the job title of CPA, chartered accountant, chartered professional accountant or similar honorifics titles.

Oftentimes, accountants are employed either by an accounting firm wherein they are placed within a specialized department or one meant for general accounting purposes or they may also work as independent contractors, usually available to the public.

While accountants, especially of the certified kind, are skilled in a variety of financial tasks and objectives, certain types of accountants specialize in specific fields therein related to the subject of account, and as such the particular job of any one accountant may vary depending on their position in their firm or company.

What Does a Financial Advisor Do?

financial advisor

A financial advisor, on the other hand, is another form of finance related professional who focuses on the provision of financial advice as a personalized service. This financial advice is often custom tailored for the particular entity or individual and their specific financial situation or position. 

Unlike the job occupation of an accountant, financial advisors are not legally allowed to call themselves as such without first undergoing specific training and becoming a registered member of certain financial advisor related organizations, usually governed and regulated by a federal body.

However, other types of professionals working within the financial sector are also legally allowed to refer to themselves as a financial advisor without first taking the prerequisite certifications and qualifications normally required of individuals desiring to become a financial advisor.

These types of individuals may be working as registered financial brokers, certified investment advisors, private bankers, certified accountants, financially-related attorneys, agents of insurance firms and financial planners.

Financial advisors most often fulfill their duties by performing a cursory analysis of their client’s financial portfolio, taking into account such things as stock positions, low-liquidity properties, real estate, cash and projected futures so as to formulate an adequate strategy either as a way to combat the client’s debt or to develop their wealth in a stable manner.

Can Accountants do Financial Planning or Financial Advising?

While accountants can possibly be knowledgeable or experienced enough to provide sound financial advice and financial planning, their professional scope in particular makes the advice they are normally certified to provide somewhat more technical than that of a financial advisor or financial planner. 

This is due to the fact that accountants, especially if certified, primarily focus on the analysis and summarization of financial transactions, otherwise known as the present cash flows of a corporate entity or individual with highly liquid assets.

Normally, most individuals within a certain wealth level do not often require an accountant owing to the relative simplicity of their financial situation. While it is entirely possible to hire an accountant for personal expense and finance accounts, the premiums or price related to these services may be higher than is necessary.

Financial advisors or planners, on the other hand, are better suited to individuals or estate entities that desire to create a concrete strategy for the growth and protection of their current assets. Financial planners or advisors specialize in this by being intimately familiar with concepts such as personal budget management, non-aggressive investment strategies and retirement accounts provided both at a corporate and federal level.

These particular specialties pertaining to the focus of financial advisors create a perfect assistant for planning a strategy to overcome debt or to enact a long-term plan for future finances, of which are not a particular specialty of most generalized accountants.

Do Financial Advisors Offer Accounting Services?

While financial advisors are generally certified in matters of finance and as such are usually qualified enough to perform certain tasks under the purview of account services, it is not their specialty and as such they do not normally offer such benefits to their clients.

Financial advisors specifically function in an advisory capacity- hence their name-, with a particular focus on the present and future state of their clients’ financial situation, oftentimes connecting the client with other members of the financial profession in order to shed further light on their possible financial avenues.

Considering the fact that accountants normally perform their duties as auditors, financial assessment and analyst specialists or otherwise as financial statement disclosure agents, it is unlikely that a financial advisor will be experienced enough in these fields to provide an adequate enough job, warranting instead the hiring of a certified accountant to work alongside said financial advisor.

This particular arrangement is in fact quite common, especially for corporate entities or individuals with significant sums of money and highly valuable assets, as a financial advisor and an accountant working in tandem may provide a full-scale analysis and planning strategy of a client’s entire financial portfolio.

Are Financial Planners Different from Financial Advisors?

Generally, the duties of a financial planner and that of a financial advisor are practically the same at first glance, with both finance professionals acting in an advisory capacity concerning the individual’s or entity’s long term financial goals.

However, where these two particular careers differ is in the specificity of their meaning, wherein a financial planner is a certified and qualified professional that not only advises but also strategizes a plan or program so as to allow the client to meet their long-term financial goals in an efficient and fool proof manner.

The career title of financial advisor, on the other hand, simply refers to any certified or otherwise qualified financial professional acting in an advisory capacity in terms of individual financial management, including that of investment advice and other financial capacities involving the future of said client.

Are Financial Advisors Salaried or Commissioned?

Certain financial planning firms or banks may elect to provide their customers the services of in-house financial advisors of which are compensated through a salaried position within the organization. However, this is relatively uncommon, and salaried financial advisors are not as common as financial advisors being paid on a commission by commission basis.

Apart from providing financial planning for prospective clients, financial advisors may also earn commissions from acting as middlemen or salesmen for financial assets like real estate property, stocks, insurance plans or loans. 

This is not to say, however, that financial advisors are not compensated on a commission basis, whether as individual contractors or employees of an organization. This is due to the nature of a financial advisor’s job wherein they primarily work with separate clients, and as such their duties are only brought into play in the event that an interested party chooses to hire them or the firm at which they are employed.

Unlike accountants, financial advisors may charge on an hourly basis or a retainer fee if kept on retainer, particularly in cases of continued financial development concerning a corporate entity or particularly wealthy individual. 

This equates to financial advisors possibly being less expensive to employ, depending on the particular difficulty of the client’s financial state and the sort of assets they possess in their financial portfolio.

When Should You Hire an Accountant?

Making the decision to hire an accountant, whether as a corporate entity or as an individual, depends on several factors or the presence of certain situations that warrant the presence of a financial professional and their subsequent expertise.

Certain periods in a company’s life cycle such as during the formulation of their initial business plan, during taxation season in the United States or even during the process of a dreaded Internal Revenue Service audit. 

In situations such as these, the presence and advice of a certified accountant may in fact save the corporate entity large sums of money in penalties by certifying financial statements and otherwise providing strategies that allow the corporate entity to financially function as efficiently as possible.

Even as an individual, freelance accountants or agent accountants of an accounting firm are an excellent avenue in managing one’s finances and financial options in situations such as filing of tax claims and returns, the planning of a small business formation or even simply financial advice concerning the individual’s own personal monetary situation.

In particular, it is a wise choice for small business owners to hire the services of a commission compensated accountant with the proper certification, especially in matters concerning the federal or municipal government. 

Because of the intense bureaucratic documentation involved when dealing with governing bodies concerning finances, the experience and connections of an accountant are invaluable and will help protect the business owner’s interests from costly errors and oversights that they may not even be aware of.

When Should You Hire a Financial Advisor?

Making the decision to contract the services of a financial advisor, on the other hand, is a more situational choice and as such is not usually undertaken on a regular basis for most ordinary individuals. Financial advisors aid individuals or smaller businesses in becoming knowledgeable about the particular strategies involved in achieving or maintaining long-term financial success.

In the event that the client is already knowledgeable about said financial strategies and similar subjects, it may still be beneficial to hire a financial advisor in the capacity of a financial assistant, wherein they may act as an agent of the individual or corporate entity pertaining to matters of their financial future and strategic financial goals.

However, care must be taken so as to prevent significant damage to the client’s prospects or current financial decision by improper or low-quality financial management. Unqualified or otherwise uncertified financial advisors, for example, may provide disastrous advice that can end in large amounts of money being lost in unstable markets or through federally implemented penalties.

References

1. Taylor, Don (2005). C. Bruce Worsham (ed.). Financial Planning: Process and Environment. Bryn Mawr, PA: The American College Press. p. 9.3. ISBN 1-932819-08-8.

2. Friedman, A. L., & Lyne, S. R. (2001). The beancounter stereotype: towards a general model of stereotype generation. Critical perspectives on accounting, 12(4), 423-451.

3. Unknown Author. “Choosing investment professional investment advisors”  Financial Industry Regulatory Authority. “Investment Advisers.” Accessed July 22,, 2021.

4. Troy Segal, Michael Logan. (July 2021) “Finding a financial advisor or planner” Investopedia Investopedia.com

Tax Preparer vs CPA: The Differences Explained

In many countries with convoluted tax codes that require companies to report and file their own internal taxes, it is not uncommon for accounting firms or even freelance accounting professionals to provide their services so as to facilitate the filing of these taxes.

However, there is quite a distinct difference between the services provided by these accounting professionals, especially in that of the exact method at which they have arrived at their current profession, and as such it would do many business owners well to learn the distinction between these different professionals.

Tax preparers, in comparison to CPAs, are not as qualified for the deep and complex factors that are brought into account when calculating the maximum possible federal tax return as well as the little intricate details of each tax law, especially when concerning state-level or even municipal-level tax code.

What Does a Tax Preparer Do?

tax preparer

Tax preparers are individuals certified by the Internal Revenue Service to prepare tax filings, returns or claims in return for monetary compensation. In layman’s terms, this means that tax preparers are usually hired for the purpose of doing the taxes of a corporate entity or individual who will pay them upon completion of the job.

However, the tax preparers sector is primarily an unregulated profession with very little in the name of certification, registration or even formal education requirements and as such many freelance or independent contractor tax preparers may provide a lower quality service as opposed to other members of the same profession.

Keep in mind that the term tax preparer is also interchangeably used to refer to any member of the financial sector certified and capable of preparing documents pertaining to tax returns, filings, and claims, and as such certified accountants, bookkeepers, CPAs and professional financial firm agents may also call themselves tax preparers in certain instances.

In the event that you are looking for a tax preparer to hire that does not otherwise possess any of these other credentials, it is possible to investigate their background and tax preparer qualifications in the Internal Revenue Service’s treasury network, of which they must be licensed within so as to operate under the purview of federal law.

What Does a CPA Do?

cpa

The abbreviation CPA refers to the profession known as a certified public accountant, wherein legally and educationally qualified accountants may act within an accounting firm or as independent contractors in order to provide their financial services to any individual of the public.

While it depends on the particular location, the majority of CPAs must first undergo a licensure exam, possess a college degree and also have at least a single year of experience working as an accountant or in a similar profession within the financial sector.

Certified public accountants, unlike tax preparers, are capable of offering a wide variety of services not only pertaining to the filing and claiming of taxes, and as such require a higher compensation when being kept on retainer. Amongst these other services are business consultation, financial audit services, estate planning, financial management planning and, of course, tax preparation and planning.

The majority of CPAs are usually employed either directly by a corporation or otherwise by association through an accounting firm. However, some CPAs in certain areas of the western world have instead chosen to either work for the public sector as public servants or to otherwise act as independent contractors which govern their own accounting services.

Does a Tax Preparer Have to Be a CPA?

While the term tax preparer can also, by technical definition, refer to certified public accountants as well, the profession of tax preparer does not in fact require the individual to be a certified public accountant or to possess anything remotely close to their qualifications at all.

Thus, it is entirely possible for a tax preparer to offer their services without possessing CPA certifications, and as such tax preparers are the ideal choice for simpler tax preparation jobs, as their rates are often lower than that of professional accountants such as CPAs.

And in vice versa, CPAs are also automatically considered tax preparers by nature of their profession. While the internal revenue service requires that tax preparers possess a PTIN certification in order to work under the legal definition of a tax preparer, it is only certified members of the financial profession that are granted specific representation rights by the IRS.

However, this may depend on the particular country or state jurisdiction the tax preparer is choosing to practice in, and as such this particular legal distinction is not always reliable. As always, it is up to the company or individual to decide whether their accounting assistance is of sufficient quality.

Are Tax Advisors Tax Preparers?

While the general function of a tax advisor and tax preparer is practically the same in the eyes of the federal government, they are in fact distinctly different and as such should not be confused between one another.

Tax advisors provide a more in-depth analysis into the financial tax state of an individual or entity than a tax preparer would owing to a higher level of interest placed into their particular client’s case. This equates, often, to a more efficient but slower service that may cost somewhat more than the services of a tax preparer.

While tax preparers often only require a cursory exchange of information in order to prepare their services and advise the client on reducing their income tax liability, tax advisors often require a partial to full disclosure of the client’s financial information as well as may interview them on their own personal goals or the goals of their corporation.

Is a Tax Accountant the Same as a Tax Preparer?

The term tax accountant most often is found to refer to certified public accountants, financial professionals who have undergone careful examination and education in order to perform their jobs. Tax accountants may assist their clients not only with filing of taxes and their subsequent returns but also during IRS tax audits, of which no corporation will wish to undergo without significant accounting assistance.

Tax preparers, on the other hand, are not licensed to aid their clients during an IRS financial audit and as such may only provide their services on a situational basis, most often pertaining to the narrow scope of advising their clients in regards to preparing and filing of tax-related documentation.

Tax accountants may also provide advice much like a tax preparer would, with the added extension that their advice may encompass the entirety of the client’s estate and financial plans, providing a full coverage of their accounts, whether it be an individual or an entity.

Can Anyone Be a Tax Preparer?

As the legal definition of an individual capable of acting in a professional capacity to prepare taxes is rather lax, it is likely that nearly anyone desiring to do so can develop a career as a tax preparer.

Considering the fact that the only requirement to being a licensed tax preparer is possessing an IRS Preparer Tax Identification Number, persons from all walks of life and levels of experience may work beneath the title of tax preparer.

This often results in tax preparers widely differing in levels of experience, subjective skill and even educational attainment. This is not to say, however, that tax preparers that do not possess these qualifications will not perform an adequate or even excellent job, however, and it is entirely up to the individual client or corporate entity to decide the best course of action for their particular needs.

In the event that the client is still unsure of whom to hire, it is best to take the safe route and pay a higher premium for the services of a CPA or accounting firm, as it is likely these individuals not only have undergone rigorous education to achieve their title but also possess colleagues they may consult in the event that they cannot perform an adequate service.

Are CPAs the Same as Accountants?

The term CPA, as previously mentioned in this article, is simply abbreviation of the job title certified public accountant, and as such it is by no stretch of logic to reason that all CPAs are considered accountants.

However, the opposite is not true at all, and not all accountants may be considered CPAs. The particular training required to become a certified public accountant is somewhat different than that of becoming an accountant, and as such this minor distinction separates the two professions at a certain level.

Among these distinctions is the Uniform CPA exam, a type of professional certification exam that a certified public accountant prospective must first pass prior to being legally certified to work in their desired profession. 

While accountants must also be registered with certain organizations in order to legally provide professional accounting services, their field of focus may be more specific or specialized than that of a CPA. 

A large majority of fields other than that of a certified public accountant may be pursued by accountants that desire higher certification, such as that of a certified internal auditor, or even the prestigious certified management accountancy qualification.

What Sort of Software Do Tax Preparers and CPAs Use? Can You Use Tax Preparation Software Instead?

With the advent of modern tax software, professional financial advisors such as CPAs and tax preparers have been forced to adapt to a rapidly changing career sector, though this is not without its benefits.

Whether part of a large tax firm or working as a freelance professional, both CPAs and tax preparers may utilize proprietary tax software in order to facilitate their work, especially in simpler tax cases that do not require in-depth scrutinization.

Tax preparation software companies, while ordinarily developing tax preparation software for tax payers as an alternative to tax preparers or CPAs, also develop more specialized forms of their own software in order to assist financial professionals with their job, and as such are capable of increasing the speed and efficiency of both types of tax professionals.

Not all software is applicable to every tax situation, however, and because of this it is best to hire CPAs or tax preparers instead of using tax software yourself so as to prevent any discrepancies or errors from occurring. 

This is doubly as applicable if the client in question is a corporate entity or otherwise an individual with a significant amount of assets.

References

1. Unknown Author. “See generally Uniform CPA Examination: Examination Content Specifications, American Inst. of Certified Public Accountants, p. 11-12 (orig. issued June 14, 2002; references updated October 19, 2005)” (PDF). Cpa-exam.org.

2. Unknown Author. “Paid Preparer Review for National Public Liaison,” Office of Program Evaluation and Risk Analysis, Internal Revenue Service, U.S. Dep’t of the Treasury (Sept. 2007), as cited in IRS Publication 4832, “Return Preparer Review” (Dec. 2009)

3. Unknown Author. (August 2021) “Need someone to prepare your tax return?” U.S. Internal Revenue Service irs.gov

Pros and Cons of Forming an LLC in Wyoming

An LLC, or a Limited Liability Company, is a business structure used in the United States for running a business. Compared to an unregistered business such as a sole proprietorship, registering a business as an LLC can have some benefits enjoyed by corporations. However, regulations surrounding LLCs are highly dependent on the state and things can be significantly different from one state to another. Looking at the different factors involved, there are certain pros and cons associated with forming an LLC in Wyoming.

Wyoming is a state that gives importance to business and encourages people to establish their LLCs in the state. The state has a relatively simple and straightforward registration process and a very competitive annual fee. The state is also considered to be among the best when it comes to foreign operations for people based out of state. Wyoming is also very appealing to those who want privacy in their business. However, that veil of privacy can be dropped at any time and foreign operations do not have asset protection as comprehensive as a locally operated LLC.

Advantages of Forming an LLC in Wyoming

Easy Process

Government processes are typically considered to be bureaucratic, tedious, and long. Thus, the thought of registering a business with the state would not seem like an easy task. However, the state of Wyoming makes it easy for new business owners to form an LLC in the state. The process of forming an LLC and registration is now even easier as it can be done entirely online.

Annual Fee

To keep LLCs compliant and in good standing with the state, they are usually required to pay annual fees. The demand and the schedule depend on the state – some states require annual fees every year while some require them every two years. These fees are not dependent on the profits of the LLC which means that LLCs are required to pay these fees regardless of activity as long as they are operational.

Different states require different annual fees, and they can be quite competitive. These fees can vary so much that they can become a factor to consider when deciding which state to establish an LLC in. LLCs in Alaska have annual fees of $100. In contrast, annual fees for LLCs in California can be at least $800. In this regard, Wyoming can be quite appealing to business owners as the annual fees for LLCs in the state are only $50.

Foreign Operation

By nature, LLCs are typically established, operated, and regulated at the state level. This is the reason why the office of the secretary of state oversees LLCs. However, there are ways to operate LLCs established in a state that is different from where the people managing are based. In fact, there are some states that make it even easier for these foreign LLCs to operate.

Wyoming is one state that is highly appealing for foreign operations for a few reasons. For one, Wyoming makes it easy for individuals to operate in the state even though they are based in another state. All they need to apply for is a certificate of authority of an out-of-state LLC.

Second, Wyoming can even accept international citizens to form an LLC in the state. This means that Wyoming would accept an LLC run by people who are not even US citizens. That LLC would not even require a US mailing address as long as the registered agent and the registered office are in the state and available during normal work hours.

Privacy

People would opt to form an LLC to gain the benefits of a business structure that is registered with the state. These benefits include limited liability protection for the members (owners) of the LLC which means that debt and other financial burdens that the LLC might be obligated to would not risk the personal assets of the members such as cars, property, and bank accounts.

Another benefit LLC owners have is pass-through taxation, a taxation scheme where the taxes generated by the LLC passes through on to their own personal tax. This means the owners of the LLC would not have to pay tax twice. In contrast, the owners of a corporation would have to pay the taxes of the corporation separately from their own.

While the benefits of the LLC are highly sought after, some people feel that one major disadvantage with having a registered business is that they would be compromising their privacy and personal information. Some states that require the names of the owners would then have their personal information on public record. Fortunately, there are indeed some states that allow the operation of anonymous LLCs.

Anonymous LLCs are LLCs where the ownership information is not made publicly available by the state where the LLC is registered. In this setup, the state may know who the owners of the LLC are, but they keep the information confidential. While this may be acceptable for some, others would not consider this to be truly anonymous.

True anonymity should be when even the state does not know who the owners or managers of the LLC are; This is the case for Wyoming. The only names that the state are concerned with are the organizer and the registered agent as they serve as the points of contact between the state and the LLC.

Disadvantages of Forming an LLC in Wyoming

Incomplete Anonymity

As mentioned above, privacy is an important factor for many business owners and many of them find Wyoming to be an ideal state for their LLC because the state does not require a list of the owners and managers of the LLC. The only individual or entity that would require a complete list of names and personal information of the people involved with the LLC is the registered agent.

However, some cite that Wyoming has incomplete anonymity because of new statutes passed that allow the state to demand the list of names and personal information of the owners and managers of the LLC from the registered agent.

Asset Protection for Foreign Operations

LLCs by nature have a degree of limited liability protection for the members. This is one of the main reasons why people are driven to form an LLC for their business in the first place. Wyoming may not have significantly different policies involved when it comes to asset protection, but things can get complicated when it comes to foreign operations.

Unfortunately, people who are running an LLC in Wyoming from a different state might run into conflicting laws. Thus, anyone running a Wyoming LLC out of state could possibly lose the asset protection laws that are present in Wyoming.

Posted in LLC

Can the Registered Agent Address be Used as the Business Address?

An LLC, or a Limited Liability Company, is a legal entity allowed by the state to operate a business and hold assets. This business structure is often touted as an appealing option for small and medium-sized business owners as LLCs benefit from pass-through taxation like sole proprietorships and partnerships while enjoying limited liability protection just like corporations. Registering an LLC is relatively straightforward and understandably, it requires a business address. However, it is important to consider the difference between a registered agent’s address and the business address.

A registered agent address can be used as the business address. However, it is extremely inadvisable since having both addresses be the same could potentially pierce the corporate veil that provides members of the LLC with limited liability protection. In a situation where an LLC lists the address of the registered agent as their business address but does not operate their principal business there, they make themselves vulnerable to claims that could leave the members of the LLC liable.

What is a Registered Agent?

A registered agent is an important role and state laws typically require LLCs to have a designated registered agent. Anyone can be a registered agent and the law only requires individuals to be at least 18 years old. Aside from individuals, entities such as other companies can also act as registered agents for LLCs.

Essentially, the registered agent acts as a point of contact between the state and the LLC. If ever the LLC will be served, the legal documents are sent to the registered agent. Aside from receiving documents in the event of legal action, registered agents are also recipients of official government notifications, tax forms, compliance information from the state on behalf of the LLC.

Usually, registered agents are also required to keep important documents pertaining to the LLC such as the Articles of Organization and the Operating Agreement. The Articles of Organization are the legal documents necessary for the establishment of the LLC. The Operating Agreement is a set of documents that outline the financial and functional decisions of the LLC such as rules, regulations, and provisions. While the Articles of Organization contain the initial statements required to form the LLC, the Operating Agreement is used to govern the internal operations of an LLC.

One important requirement that the registered agent has to abide is that the registered agent must have an official address – also known as the registered office – in the state where the LLC is established. This is important since the registered agent is the official contact of the state on behalf of the LLC. The address of the registered agent is where the state sends legal documents. They must also be available at the address during normal work hours in case the state has to contact the LLC due to legal action.

What is a Business Address?

A business address is an official address listed in the official LLC documents that specify where the principal place of business will take place. The business address implies where the business is operating from or where it can be reached.

States are often very flexible when it comes to business addresses. People can even list their home address as their business address as long as it does not violate any zoning law and HOA (homeowner association) rules (also keep in mind disability claims and discrimination). Many also employ the use of a virtual address, a remote physical address offered by a virtual address service provider that acts as a mail forwarding facility for a business.

Can the Address of the Registered Agent be Used as the Business Address?

According to FundsNet the address of the registered agent can be used as a business address. However, the situation where this is permitted is highly specific. Since anyone can be a registered agent, even the sole member of a single-member LLC can act as their own registered agent if they choose to do so. In this case, they would list their registered address as the business address as they are all one and the same.

Even if an LLC is using a third-party registered agent, they can still use the registered office as the business address. However, many sources cite that this decision is highly inadvisable. Since the business address is supposed to be the principal place of business, the business address has to be an address that the LLC has some control over. If the LLC has no control over the registered office, they are vulnerable to liability.

The main appeal of forming an LLC for a business is that the members, owners of the LLC, are protected by limited liability. This means that if the LLC is sued or falls into debt, the financial burdens of the LLC will not put the personal assets of the members such as property, cars, and bank accounts at risk.

However, if the LLC is using the registered agent’s address as the business address but in actuality does not have control over the registered office, they can potentially be vulnerable to a claim that the LLC is engaged in fraudulent behavior – a circumstance where the corporate veil is pierced, and the limited liability protection of the LLC might not be enough to protect the members of the LLC.

Another circumstance where the LLC is left vulnerable by using the registered office as the business address is that a claim can be made that the LLC is not following corporate formalities by not following the statute that requires the disclosure of where principal business takes place. Although these scenarios do not imply instant liability to the members, these situations surely do make it a possibility.

Posted in LLC

Are Network Admins & Engineers the Most Important Roles in a Business?

If you work, chances are you’ve come into contact with your companies network administrator or engineers, or multiples if you work for a large organization.

Perhaps they helped you get setup on your first day on the job, or came to fix a computer issue once in a while.

But when you aren’t in contact with the IT staff at your organization, what exactly are they doing?

Perhaps you see them sitting on their computers with head phones on, rarely looking away from their screen and you may wonder, so what exactly does a network administrator do?

Just because they don’t seem to be running in and out of conference calls or meetings as much as you, doesn’t mean their role isn’t important.

In fact, we would like to go as far as saying that Network Admins and Engineers have one of the most important roles in an organization.

In this article we are going to define what network administrators and engineers do, what are their responsibilities, and what makes this IT position so important and highly sought-after by organizations worldwide.

person working pc

Here’s Why Network Admins and Engineers are the Most Important Roles in a Business:

A network administrator is responsible for keeping a company’s computer network up and running with minimal interruptions.

Furthermore, not only do all of the computer networks need to be up and running, but the admin needs to make sure all the systems connect and work together.

There are different levels of IT roles from network administrators, system administrators, and system engineers and each role is based on experience, specialties, and education or specialized certifications.

Although they do vary depending on the role and years of experience, there are still main duties that the network staff perform.

Several main duties of network administrators and engineers include:

  • Configure network hardware such as servers, routers, and switches.
  • Upgrade, repair, and maintain computer networks.
  • Troubleshoot various network issues.
  • Assist network architects with the design of network models whenever needed.
  • Deploy and update company-wide software.
  • Manage servers and operating systems.
  • Implement security measures.
  • Manage physical and cloud network storage.

woman software engineer

Larger organizations need more complex systems so this is not an exhaustive list, this is just the tip of the iceberg.

As mentioned above, the duties of a network administrator will vary considerably depending on the organization they work for.

Some work as jack-of-all-trades generalists who cover everything from hardware setup to troubleshooting servers while others have a much narrower focus.

In environments where administrators play more specialized roles, network administrators tend to focus more on how computers interact with one another.

This often includes configuring an organization’s local area network (LAN), wide area network (WAN) and other elements of a network system.

Systems administrators, on the other hand, work more directly with computer hardware and software, including installation, maintenance, data recovery and training on best practices.

Engineers go even further and are specialized and certified in complex systems and in cybersecurity, penetration testing, and more.

network switch

Skills and Education

Many Network Administrators and Engineers have a Bachelor Degree in Network Administration or similar study although this is not always a requirement.

In fact, many organizations look for experience over education because experienced Network Admins and Engineers have real-world experience on physical networks.

Some of the top technical skills that organizations look for include:

  • System administration
  • Linux
  • Microsoft Active Directory
  • VMware
  • Technical support
  • Windows Server
  • Cisco
  • Hardware and software installation
  • SQL
  • Customer service

Other skills that a top Network Admin or Engineer has include:

  • Analyzing Data and critical thinking – Network Admins and Engineers monitor systems all day long and receive data from those systems. They need to analyze data and look for trends, occurrences, and even think about ways to prevent incidents from arising.
  • Problem Solving Skills – problems arise all day in the network administration world from a printer not working to larger issues like Exchange E-mail being down or a server being unresponsive. Network engineers and admins need to be able to problem solve on the fly daily to keep systems up and running smoothly.
  • Self Learner and Starter – Often times network admins and engineers need to work alone or within their team. They need to be self starters and continuously learn and keep up with the ever changing world of technology.
  • Time Management
  • Interpersonal Skills
  • Adapt quickly to change – technology is changing every day and they need to be able to change and grow with it to stay relevant and up to date.
  • Organizational skills
  • Proactive vs. Reactive – Systems go down and emergencies do happen, but a good network admin or engineer will be proactive and work to prevent incidents before they occur.
  • Curiosity and Love or Learning and Growth

As you can see, the network admin and engineer job description is pretty broad and big.

They have a lot of duties and responsibilities which means there is rarely a “typical day” for them.

On a day to day basis network admins and engineers will check logs, audit processes and data, put out fires that arise from end users and clients, and they work on various projects.

Projects could include automating routine daily processes or researching technology and brainstorming creative solutions for the organization’s network needs.

It could also be inventory of laptops, cell phones or other equipment or updates to server and other software and hardware.

Network Admins and Engineers typically work normal business hours but are usually on-call in case after-hours support or emergencies occur.

As you can see, Network administrators and Engineers play an essential role in not only any organization’s IT department but in the organization as a whole.

They keep the technology connecting our devices running securely with minimal down time.

Imagine if your company didn’t hire a network admin or engineer?

Who would setup the computers, make sure phones are working, e-mail is up and running and access to documents, files, internet, and essentially everything needed to efficiently do our work?

They keep our exchange servers, accounting software, and EPR systems running seamlessly and are there to help us with our own technological struggles.

To say that they have perhaps one of the most important roles in an organization seems pretty viable now.

5 IT Software that Every Medium to Large Business Absolutely Needs!

If you have entered the category of medium to large sized business then you have achieved something that only a few startup companies do.

But with all of that growth comes the need to have solid software infrastructures in place to keep the organization working efficiently and continuing to scale, including the use of Network Monitoring Software, Enterprise Management and Log management tools according to WebServerTalk.com.

In other words, having adequate technological resources is essential to building the structure of the company.

In this article we are going to discuss the top technological resources any medium to large size company needs to have implemented to continue to succeed.

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Here are 5 IT Software that Every Medium to Large Business Absolutely Needs:

Accounting and Invoicing Software

Every single business, both big and small, require an accounting and invoicing system.

With it, you’ll create invoices, record incoming and outgoing payments, identify and follow up on past due receivables, and run reports that help you analyze your financial health and various aspects of your business.

A good accounting information system helps management answer such questions as:

  • What assets do we have?
  • How much and what kind of debt is outstanding?
  • Were the sales higher this period than last?
  • Did we make a profit last period?
  • Are any of product lines or divisions operating at a loss?
  • Is the rate of return on net assets increasing?
  • What were cash inflows and outflows?
  • Is the cash flow enough to pay back debt?
  • Can we safely increase our dividends to stockholders?

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Accounting systems now-a-days are advanced and have some pretty awesome features including:

  • Automated bank feeds
  • Automatic payment reminders
  • Online invoicing and payment acceptance
  • Comprehensive, customizable, real-time financial reporting
  • Integrations with CRM Systems
  • Time and Expense Tracking
  • Purchase Order Modules
  • Complex Cost Accounting features
  • Inventory tracking
  • Asset Tracking
  • Depreciation Tracking

Having a good accounting and Invoicing system in place will help filing taxes be a breeze and will protect you should you ever get audited.

Examples Include: Quickbooks, Sage, FreshBooks, Zoho Books

Customer Relationship Management Software (CRM)

Customer relationship management (CRM) is a business strategy that stresses good ongoing relationships with customers.

A good CRM system provides a unified face to the customer and provides a seamless customer experience.

CRM software is a central location to help synchronize customer communications with various business unites.

With CRM tools companies can track, automate, analyze, and optimize customer interactions and multiple departments can use the same CRM including sales, marketing, customer service, etc.

CRM software collects and organizes customer data. This includes contact information and interactions via email, phone, web chat and social media.

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All of the customer information is stored in this central location making it easy to access and making it clear for all parties involved on the status and relationship with each customer.

CRM systems also track work history, special client requests, project statuses, trouble tickets, task tickets, and any contracts associated to the customer as well as customer support portals.

You can create quotes, order processing, emails, sales forecasts, evaluation of employee performance, and so much more.

Furthermore, many CRM products include marketing automation features such as email marketing, lead management, web forms, analytics, and more.

In short, some of the Key Benefits of using a CRM system include:

  • Create a single storehouse for customer data
  • Provide greater visibility into sales, marketing and customer service processes
  • Help optimize customer communications
  • Shorten sales cycles
  • Improve customer retention
  • Help companies understand and address the needs of customers
  • Increase customer satisfaction
  • Automate tasks
  • Increase operational efficiency
  • Free up employees to focus on customer interactions

Examples Include: Salesforce, Zoho CRM

Payment Software

The ultimate goal of any business is to generate revenue.

Customers make payments through various means, which might not always be secured.

Moreover, businesses also have to make payments to different vendors.

Thus, it is very important to have a reliable payment support software with various integration options in order to make the payment process smooth and secured.

Examples Include: PayPal, Stripe, Bill.com

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File Backup and Recovery

Losing all of your data is a nightmare, and if you lose business data, it could potentially ruin your entire business.

Despite your IT staff’s best attempts to implement good policies and training, people can allow viruses into your business systems.

It can be as easy as one person opening an e-mail attachment that brings down your entire server.

They can even mistakenly delete files or whole directories of data such as customer information, archived files such as tax returns, customer contracts, HR documents, and other documents that are vital to the organization.

Restoring the corrupted files and deleted information is a major benefit of an effective backup strategy.

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There are several ways to backup files but one of the best ways is via online backups for businesses.

This means your data is held off-site.

The remote storage of your data protects it from physical disasters on your site such as a fire or flooding.

Many file and backup recovery softwares have the option to setup automatic backups.

This way you don’t have to remember to manually do it, it just gets done every day or several times a day as you wish.

Examples include: SolarWinds Backup, StorageCraft, AWS

Communication and Collaboration Software

Every organization needs a way to communicate with internal and external stakeholders and the most popular way is via e-mail.

Team collaboration software aims to facilitate communication between team members by providing a convenient, informal space to directly message one another, talk as a group, and share relevant content.

Team collaboration tools are intended to be the go-to for users to quickly address questions, check their tasks, and access shared knowledge and files.

Most e-mail communication packages include team collaboration features such as chat rooms, group chats, activity boards, and more.

However, they may be limited which is wearing adding a separate team collaboration tool can really help with the overall communication and efficiently of your team and organization.

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Communication and Collaboration Software Features Include:

  • E-mail
  • Calendars
  • File Sharing
  • Messaging
  • Chat Groups
  • Search features
  • Document Collaboration
  • Integrations with other products such as CRM or Accounting
  • VoIP and Video Conferencing
  • Task Management

Examples include: MS Office, MS Office Exchange, Trello, G Suite, Zoom, GoToMeeting, Google Hangouts Meet