Help for Small Businesses

Small businesses need an edge to stay competitive with larger companies that have corporate legal departments.  Penny's background will give you that edge.  Let us help you with the strategies that make businesses successful, giving you the information businesses really need from a lawyer, allow them to to make decisions that work for their business while putting the business in the best legal position.  We understand business and translates that understanding into solid legal assistance, making clear what matters from both a business perspective and a legal perspective.  With our help, small businesses can affordably get legal services bigger companies get from their corporate legal departments.

Here are some of the services we offer:

  • Starting a business
    • Choice of entity - what type of legal entity best fits your needs based on the type of business you will have, taking into account both tax benefits and protection of your personal assets from claims by others (personal liability)
    • Creation of governing documents for your entity
    • Creation of your legal entity*
  • Running a business
    • Strategic analysis of legal risks associated with proposed corporate actions
    • Solutions to achieve corporate goals while minimizing legal risks 
    • Branding
      • Trademark registration
      • Trademark protection, to prevent piracy of your valuable corporate identity
      • Copyright protection, to protect your intellectual property
      • Website protection from copyright and trademark infringement
    • Maintaining your legal entity, once created, to ensure the tax benefits and liability protection remain in place
      • Corporate governance and bylaws matters
      • Resolution of owner disputes according to the governing documents
    • Contract review and analysis, including specific comments on what changes to negotiate and why these changes benefit your business
    • Contract drafting to specifically suit your business situation
      • Creation of standard contracts you can use over and over again, knowing you are in the best legal position
      • One off contracts that put you in the best legal position
    • Contract negotiation, putting you on equal footing with the other party to the contract
    • Review and negotiation of Credit Agreements with lenders (simple or complex)
    • Employment law and HR related matters, including compliance with the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act and its Amendment Act (ADA and ADAAA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), etc. 
    • Insurance law - commercial general, commercial auto, employers liability, directors & officers, etc.
  • Buying or Selling a business
    • Structuring the transaction
    • Winding down unnecessary legal entities

We can help your business successfully handle any of these areas.  Contact us for more information, including special pricing options for small businesses.

*Not sure whether having a legal entity is worth the cost compared to filing a Schedule C with your tax return?  IRS statistics show that Schedule C filers are 10 times more likely to be audited compared to businesses that have a legal entity (S-Corporation, LLC, Partnership) in place.

Benefit for Texas Veterans effective 1/1/2016 - Texas allows New Veteran-Owned Businesses to claim exemption from the Texas Franchise Tax for the first five years of a New Veteran-Owned business.  The business must be wholly owned by honorably discharged veterans, and created after 1/1/2016.  More details at this link.

Many laws were passed in recent years that impact businesses.  Information about new and expanded deductions and credits that small businesses may be able to take advantage of when completing tax returns and making business decisions is available from the IRS at this LinkInformation about the federal tax changes included in the Affordable Care Act is available at the IRS website at this link.

Small Business Owners Beware:  If you use independent contractors rather than employees, you should be aware that on September 19, 2011, the Department of Labor (DOL) and the IRS signed a memorandum of understanding that will likely result in increased DOL and IRS enforcement proceedings against employers accused of misclassifying employees as independent contractors.  Independent contractors are ineligible for minimum wage and overtime pay, unemployment insurance, workers’ compensation and social security benefits. And, the government does not collect employment taxes on compensation paid to independent contractors. Therefore, if an employee is misclassified as an independent contractor, he or she loses out on valuable protections and the government loses out on substantial tax revenues.  What does this mean for employers? Employers found to be in violation may face steep penalties. Be proactive - make sure your workers are classified properly and will be able to withstand the scrutiny

Because of the generality of this website, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.


 

 

 

 

Copyright 2015, 2014, 2013, 2012, 2011, 2010 Phillips Law Firm.  ALL RIGHTS RESERVED.  Phillips Law Firm, a professional corporation, provides the full range of legal services to clients who want strategic advice and practical solutions. Client Payment Options ~ Invoice Payment Link

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Phillips Law Firm | 1800 Preston Park Boulevard | Suite 245 | Plano | Texas | 75093 | (972) 861-0126

 

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