Avoiding common pitfalls during a merger

In Business Organizations by Coolidge Wall

Merging with or acquiring another company can be a huge step for the future of any business. These decisions and negotiations are not made lightly and the stakes can be quite high.  In the best scenarios, both companies benefit from these transactions and the emerging business is successful. However, there are numerous obstacles that can put these deals and the companies involved in jeopardy.  Some of the biggest obstacles facing companies during and after a merger or an acquisition relate to the difficulty of establishing or maintaining effective business practices in the wake of big changes. For instance, many people …

So You Repaired, Stored, or Towed a Car and The Owner Won’t Come Pick It Up… Now What?

In General by Coolidge Wall

Abandoned vehicles are an all too common problem for owners of repair garages, towing services, and storage facilities. Fortunately, Ohio law allows these businesses to claim title to abandoned vehicles and if done properly, without the excessive cost of litigation to secure Court ordered title. This process and correlating requirements are governed by Ohio Revised Code § 4505.101 which applies to vehicles worth less than $3500 and left unclaimed for a certain number of days (depending on your type of business, this number ranges from five to fifteen) following the completion of a requested repair or agreed upon term of …

Effective Date of the ACA’s “Cadillac” Tax Postponed by the Appropriations Act

In Healthcare Reform by Coolidge Wall

The monolithic Consolidated Appropriations Act of 2016, which became law December 18, changes the effective date of the Affordable Care Act’s so-called “Cadillac” tax. A key funding mechanism of the ACA is a 40 percent excise tax imposed on the cost of employer sponsored health coverage furnished to an employee that exceeds a statutory limit. Under the ACA, this tax becomes effective in 2018. However, after an intensive lobbying effort led by business and organized labor, Congress included a provision in the Appropriations Act that delays the effective date of the excise tax to 2020. The Appropriations Act also changes …

IRS Extends the ACA’s Form 1094 and Form 1095 Filing Deadlines

In Healthcare Reform by Coolidge Wall

The IRS has unexpectedly extended the deadlines by which insurers and self-funded employers must provide health plan enrollment and coverage information to employees and the IRS under the Affordable Care Act. This is the information required to be reported on Forms 1094 and 1095. Notice 2016-4 issued December 28 extends the due dates: For providing to full-time employees the 2015 Form 1095-B and the 2015 Form 1095-C from February 1, 2016 to March 31, 2016; and For filing with the IRS the 2015 Form 1094-B, the 2015 Form 1095-B, the 2015 Form 1094-C, and the 2015 Form 1095-C from February …

Good News for Underwater Homeowners

In Bankruptcy by Coolidge Wall

A homeowner is considered to be “underwater” or “upside down” on their house if they owe more to the bank on their mortgage (or mortgages) than the value of the home. Some homeowners in this position are simply unable to sustain the expenses of retaining the home, and unable to continue making payments. There are options other than bankruptcy for those homeowners, but many of those options carry the threat of an increased income tax burden. For example, a homeowner may be able to obtain a mortgage modification that reduces the amount of the debt to match the value of …

New Rules Governing Adult Guardianships

In Estate Planning by Coolidge Wall

In 2014, the Columbus Dispatch published a five-part investigative report highlighting guardianship abuse in Ohio. During the course of the series, the Dispatch identified lawyer Paul S. Kormanik as a Court appointed guardian of over 400 incompetent adults. Mr. Kormanik did not meet with his wards on a regular basis, if at all, and was quoted as saying that nursing homes acted as his eyes and ears. The series “Unguarded” uncovered a system that left the elderly, the mentally disabled, and the mentally ill vulnerable to abuse, exploitation, and neglect. In response to the series, the Ohio Supreme Court initiated …

Social enterprises sit between traditional business, nonprofits

In Business Organizations by Coolidge Wall

Broadly speaking, a business’ primary focus is on making money and expanding itself, instead of benefiting others. A nonprofit’s goal is to help the community in some way, but often struggles to find the money to make this happen. Somewhere in between these two stereotypical extremes is the social-enterprise business. As described recently by The Cleveland Plain Dealer, social-enterprise business focuses on some social problem, but is not the same as a traditional nonprofit. They provide a product or service to raise money for the owners’ particular cause. In Ohio, a few social-enterprise businesses have gotten off the ground, including …

3 ways to keep your new business ‘lean and mean’

In Business Organizations by Coolidge Wall

Starting a new business is a huge risk. There are no guarantees that your business will be a success, no matter how much blood, sweat and tears you and your partners put into it. As a consequence, it is possible to be left with a lot of debt and bills, with no profits to pay for them. Choosing the right type of business organization can help minimize your personal liability and or risks. But it is just one tool in your belt for keeping costs down while your business is in its infancy. An article in Dayton Business Journal provides …

IRS Announces 2016 Pension Plan Limitations

In Employee Benefits by Coolidge Wall

On October 21 the IRS announced cost-of-living adjustments for 2016 retirement plan contributions. For 2016, the amounts that individuals will be able to contribute to retirement plans will remain unchanged at $18,000. The catch-up contribution limit for employees age 50 and over will also remain unchanged at $6,000. This chart summarizes the limitations for 2016: Contribution Limits 2016 2015 Elective Deferral Limit – 401(k), 403(b) and 457(b) Plans $18,000 $18,000 Catch-Up Contribution Limit $6,000 $6,000 Elective Deferral Limit – SIMPLE Retirement Plan $12,500 $12,500 Catch-Up Contribution Limit – SIMPLE Retirement Plan $3,000 $3,000 Contribution Limit – IRA $5,500 $5,500 Catch-Up …

Should I incorporate my solo Ohio business?

In Business Organizations by Coolidge Wall

For many people starting a business, the decision of how to organize is relatively simple. For others, the answer is less clear, especially for people who are self-employed, like consultants and freelancers. Should someone setting up a fairly simple business with no employees incorporate? It may not seem like it, but incorporating a solo business may be worth your time in the long run, as the Small Business Administration notes on its website. One advantage of forming a corporation is limiting personal liability. It may seem less likely for a consultant to be sued than a big company, but there …