Category Archives: Business Counseling
Scam Alert — Court “Notice of Appearance”
by Andrew Jacobson If you receive a “court notice” via email, don’t open it — it is a scam designed to add to your computer malware designed to get you to give over control of your computer to somebody else. We started receiving these a few weeks ago, but it may only just have started getting […]
Crowdfunding Your Business – An Intro to Title III of the JOBS Act
By Daniel Richardson On April 5, 2012, the Jumpstart Our Business Startups Act (JOBS Act) became law. The JOBS Act seeks to “increase job creation and economic growth by improving access to the public capital markets for emerging growth companies.”[1] Title III of the JOBS Act or the “Capital Raising Online While Deterring Fraud and […]
Earned Income Tax Credit Notice
California employers, take note: you are required to give notice to all your employees about the earned income tax credit at about the time you give them their W-2 or 1099 forms. If you have individuals who are independent contractors, give them notice as well. Here is the recommended language, which you can print on […]
California Creates New Corporate Structures Enabling For-Profit Corporations To Consider the Public Benefit
Sharon Adams Introduction In January 2012, California created two new state corporate structures: (1) flexible purpose corporations, and (2) benefit corporations. Unlike traditional for-profit corporations, these new corporate structures are required to provide for benefit to the public. Unlike traditional non-profit corporations, these new corporate entities are not tax […]
Veterans
Bay Oak Law’s own Daniel Gwozdz was recognized by the Bar Association of San Francisco on Veteran’s Day for his service in the US Army between 2000 and 2005. Dan was a scout for the legendary 10th Mountain Division, and served during operations in Operation Joint Guardian in Kosovo, and Operation Iraqi Freedom.
New I-9 Form
The USCIS has introduced a new I-9 form that will have to be used for new employees. While use is currently voluntary, it will be required from May onward. No need to panic, however — it does not have to be used for current employees, only those who are new, or return to the company after being […]
A Wait at the Gate
For all those employers (all none of you) ready to race ahead and give notices to employees about health insurance exchanges, you are going to have to hold off for awhile. Despite the Affordable Care Act (aka “Obamacare”) requirement that employers provide written notice (1) informing the employee of the existence of an Exchange, including a […]
Taxing Taxes
A former co-worker of mine, David Spence of the Royce Law Firm, was quoted in a Forbes blog today about Cutler v. Franchise Tax Board, where the California Second District Court of Appeal ruled as unconstitutional Cal. Rev. & Tax. Code § 18152.5 which allows sellers of small business stock (called “qualified small business stock” or “QSBS”) […]
Entrepreneurial Trap
Entrepreneurs in California sometimes want to organize their companies in other states, like Delaware or Nevada. They learn that companies can pay less in franchise fees in Nevada, or that Delaware is seen as the state for great corporations. There are good reasons to organize in those states, but for many companies operating in California, […]
Sins of Wages
Both employers and employees need to review their wage statements for the new year, because California has amended Labor Code 226 to identify nine types of information that has to be on each wage statement: (1) gross wages earned, (2) total hours worked by the employee, except for any employee whose compensation is solely based on […]
