payroll presentation to sba · right payroll firm this problem would never have occurred...
TRANSCRIPT
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PAYROLL PROCESSING &
PAYROLL TAX FRAUD
What you need to know to protect your business
INTRODUCTION
PAUL STAPPAS
PRESIDENT
“Watch the costs and the profits will take care of themselves” Andrew Carnegie
The world’s first billionaire
BEFORE WE BEGIN
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WHAT WE WILL COVER
SAVING YOU MONEY MAXIMIZING SERVICES & BENEFITS
HOW TO SELECT PROVIDER WHAT TO AVOID
PROTECT AGAINST PAYROLL FRAUD
HISTORY STARTED OVER 35 YEARS AGO
STRATEGIC PLANNING CONSULTANT STARTED BOOKKEEPING SERVICE PROVIDED PAYROLL PROCESSING
****** SO
HISTORY CONTRACTED WITH PAYROLL PROVIDERS
ADP PAYCHEX INTUIT
AS A RESULT OF COST INCREASES AND SERVICE DECREASES
BMA PAYROLL WAS BORN
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SOURCES OF PAYROLL PROCESSING
DO IT YOURSELF BANKS
PAYROLL PROCESSING FIRMS PEO’S
DO IT YOURSELF The least cost effective method possible ! Usually results in mistakes, errors, omissions ! Takes time and time is money ! Takes on risk of penalties and late fees ! Responsible for updating tax rates ! Responsible for dealing with IRS or state authorities when
mistakes are made ! Open to fraud by employee handling payroll
NOT COST EFFICIENT (per paychex cost analysis)
DO IT YOURSELF
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* 1. The $8.25 per hour rate is probably too low especially with the minimum wage rates * 2. A recent analysis actually indicates that small business owners actually spend an average of EIGHT hours per month performing payroll functions. That's 12 full days per year. * 3.. You are responsible for any mistakes or errors * 4. Who will deal with state or federal or local problems * 5. DO IT YOURSELF IS PENNY WISE, DOLLAR FOOLISH
DO IT YOURSELF
Primary objective is DEPOSITS and
Selling their other products They outsource the work NO customer service
Price is low BUT It is basically “do it yourself”
EXAMPLE
BANKS
Company using a large bank " Firm processed payroll on line " The firm made a change " Change resulted in taxes not being paid " Firm received IRS notice " Firm contacted bank for help " Bank responded “not their problem” " Firm hit with penalties & interest " Firm contacted BMA
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SOLUTION " He called BMA " We resolved the problem he experienced " We advised how he could eliminate IRS fines & penalties " He became a client even though our fee was higher than the
banks NOTE – OWNER SPENT CONSIDERABLE TIME (MONEY) TO SOLVE A SIMPLE PROBLEM. WITH THE RIGHT PAYROLL FIRM THIS PROBLEM WOULD NEVER HAVE OCCURRED
EMPLOYEES BECOME THEIR EMPLOYEES THEY PROVIDE ALL BENEFITS
THEY ARE RESPONSIBLE FOR ALL TAXES PROBLEM -‐ COST
PROFESSIONAL EMPLOYER ORGANIZATIONS
PAYROLL PROVIDERS
BEST OPTION MOST COST EFFICIENT
GUARANTEED ACCURACY TAXES CURRENT AND UP TO DATE
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PAYROLL DANGERS
1099 CONTRACTORS
WORKMAN’S COMP
1099 CONTRACTORS Commonly called INDEPENDENT CONTRACTORS
WHY FIRMS LIKE TO CLASSIFY WORKERS AS INDEPENDENT
CONTRACTORS SAVE ON FICA TAXES SAVE ON BENEFITS
SAVE ON UNEMPLOYMENT SAVE ON WORKERS COMP
1099 CONTRACTORS IMPORTANT FACTORS TO CONSIDER PER IRS
Common Law Rules Behavioral: Does the company control or have the right to control what the
worker does and how the worker does his or her job? Financial: Are the business aspects of the worker’s job controlled by the payer?
(these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue
and is the work performed a key aspect of the business?
EXAMPLE
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1099 CONTRACTORS EXAMPLE OF THE DANGERS " CHIROPRACTOR " ON ADVISE OF HIS ACCOUNTANT " PUT ALL WORKERS AS 1099 CONTRACTORS " WAS AUDITED RESULT " IRS WENT BACK 5 YEARS " HAD TO PAY TAXES NOT PAID FOR THE 5 YEARS " PLUS PENALTY (UP TO 25%) and INTEREST
1099 CONTRACTORS SIMPLIFING HOW TO DETERMINE QUALIFICATION " INDEPENDENCE – employer must have no control " SCHEDULE – contractor controls own hours " PROCEDURE – contractor controls how to perform tasks " CONTRACT – contractor has a written contract with the firm " INVOICES – contractor provides invoices for payment " OTHER CLIENTS – benefit if contractor has other clients
WORKERS COMP WHAT IS IT " INSURANCE TO PROTECT EMPLOYEES THAT ARE INJURED ON THE
JOB " COVERED UNDER STATE LAWS " IT IS REQUIRED " NOT HAVING COVERAGE IS CONSIDERED A CRIMINAL & CIVIL ACT " SUBJECT TO SEVERE FINANCIAL PENALTIES
EXAMPLES
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WORKERS COMP NEW YORK Civil Fines: Pursuant to Section 52-‐5 of the Law, an employer may be subject to a fine of $2,000.00 for each 10 day period of non-‐compliance. Criminal Liability: Pursuant to Section 52-‐1 of the Law, an non-‐compliant employer with five or less employees, may be subject to a criminal misdemeanor punishable by a fine of not less than $1,000.00 and no more than $5,000.00. In addition, non-‐compliant employers with more than five employees may be subject to Class E Felony punishable by a fine of no less than $5,000.00 but no more than $50,000.00. Subsequent violations can be considered a Class D Felony for all employers and may result in additional fines not less than $10,000.00 but no more than $50,000.00. Your Business May Be Closed: Under Section 141-‐a of the Law, the Board may issue a Stop Work Order to a non-‐compliant business
WORKERS COMP NEW JERSEY " The law – failure to insure is a disorderly persons offense and, if determined
to be willful, a crime of the fourth degree " Penalties can be assessed up to $5,000 for the first ten days and up to
$5,000 for each additional ten-‐day period of failure to insure thereafter. " In the case of a corporation, liability for failure to insure can extend to the
corporate officers individually. " Penalties assessed for failure to insure are not dischargeable in bankruptcy. " Where a work-‐related injury or death has occurred, the employer, including
individual corporate officers, partners or members of an LLC, is directly liable for medical expenses, temporary disability and permanent disability or dependency benefits.
WORKERS COMP FLORIDA " If an employer fails to purchase workers’ compensation coverage and comply with the law,
then an injured employee may sue the employer for the benefits required under the Workers Comp Law or may bring a tort action against the employer. In a tort action, the employee would have the possibility of recovering substantially more than is provided under the workers comp law.
" The employer loses the right to defend against liability based on certain common law defenses which are normally available in lawsuits.
" Employee would also be able to sue for noneconomic damages, such as pain and suffering, which are not compensated under workers’ compensation law.
" In addition to being sued, an employer can actually be prevented, by a court injunction, from conducting business until such time as payment of compensation is secured.
" Penalty of $1,000 per day for period not insured. HOW TO PAY WORKERS COMP PREMIUM
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WORKERS COMP HOW TO PAY
TRADITIONAL
PAY AS YOU GO
WORKERS COMP HOW TO PAY TRADITIONAL " WORK WITH AN AGENT " PAYROLL FOR THE YEAR IS ESTIMATED BASED ON PRIOR YEAR " AT LEAST 25% DOWN PAYMENT REQUIRED " BALANCE PAID OVER NEXT 10 MONTHS " ANNUAL AUDIT PERFORMED
" IF UNDER, BALANCE IS IMMEDIATELY DUE " NEW 25% DOWNPAYMENT IS REQUIRED
WORKERS COMP HOW TO PAY PAY AS YOU GO " PROVIDED THRU PAYROLL PROCESSOR " PROVIDOR PROVIDES INSURANCE COMPANY PAYROLL EACH
PERIOD " COMPANY IS CHARGED EACH PAYROLL " CHARGE IS FOR EXACT PAYROLL " NO DOWN PAYMENT REQUIRED " ANNUAL AUDIT PERFORMED THERE IS NO ADJUSTMENT
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WORKERS COMP HOW TO PAY WHICH IS BEST
TRADITIONAL PAY AS YOU GODOWNPAYMENT REQUIRED NO DOWNPAYMENTN0 ADDED FEE FOR PROCESSING $10.00 PER MONTH PROCESSING ASSISTANCE FOR CLAIMS NO ASSISTANCE FOR CLAIMS
BUNDLING WHAT IS IT " Combines other services with payroll
" Retirement plans " Medical plans " HR " Life insurance " Disability insurance " Business insurance
BUNDLING SHOULD NEVER BE DONE WITH A PAYROLL PROCESSOR
" Very good for the payroll company " Very poor for the business
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BUNDLING
QUESTION
WOULD YOU GO TO YOUR FAMILY DOCTOR FOR
BRAIN SURGERY
ALWAYS USE AN EXPERT
BUNDLING
WHY PAYROLL FIRMS BUNDLE " Primarily to make it difficult for a business to switch payroll firms " Charge additional fees " Make money on the float
BUNDLING- major problems
RETIREMENT PLANS " Only offer limited plans " NO proper analysis for client " NO expertise in retirement planning " Make money on the float
" EXAMPLE
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BUNDLING- major problems
RETIREMENT PLANS " Firm with 35 employees used ADP " Had a 401k plan with ADP
" Only 5 employees were participating " None were investing $5,000 or more " Were paying substantial fees for the 401k
BUNDLING- major problems
RETIREMENT PLANS " SHOULD NOT HAVE HAD A 401K
" Should have had a SIMPLE IRA " No cost to employer " No IRS reporting requirements
" SO, WHY DIDN’T ADP SUGGEST A SIMPLE IRA? ADP DID NOT SELL A SIMPLE IRA
WOULD NOT HAPPEN WORKING WITH AN EXPERT SUCH AS ALLIED WEALTH
BUNDLING- major problems
MEDICAL " NO expertise in medical insurance " Make money on the float " Their service?
" They become the broker of record " They mail a check to insurance company AGAIN WORK WITH EXPERTS SUCH AS ALLIED WEALTH
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BUNDLING- major problems
MEDICAL " NO expertise in medical insurance " Make money on the float " Their service?
" They become the broker of record " They mail a check to insurance company
EXAMPLE
BUNDLING- major problems
MEDICAL EXAMPLE " An attorney firm had a SECTION 125 plan with ADP
" Had 4 partners & about 12 other employees
" The firm was a Sub S Corporation " ADP charged them $40.00 per month for a compliance report
" REPORT WAS NOT NECESSARY " Since this was a Sub S, principals/owners were not eligible for the SECTION 125 " The plan would ALWAYS be in compliance
" FIRM IS NOW A BMA CLIENT WOULD NOT HAPPEN WORKING WITH AN EXPERT SUCH AS
ALLIED WEALTH
BUNDLING- major problems
HUMAN RESOURCES " NO expertise in HR " It is an online system " It is do it yourself " No CUSTOMIZATION " No onsite expert meeting with business owner " Just adds income to payroll firm
BEST TO WORK WITH AN EXPERT IN THIS FIELD
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FRAUD PROTECTION
WHERE IT COMES FROM TAX IMPOUNDING
NOTE If a firm uses a payroll firm that does TAX IMPOUNDING
it is 100% exposed to fraud
WHAT IS TAX IMPOUNDING?
FRAUD PROTECTION TAX IMPOUNDING PROCESS
EMPLOYER
IRS/STATE TAX AUTHORITIES
PAYROLL CO
EARNS INTEREST
FRAUD PROTECTION HOW YOU GET IN TROUBLE
" There are no laws or regulations on what a payroll firm can do with the impounded money.
" Unlike an attorney trust account " If payroll firm does not pay the taxes
" In about 6 months you get a notice that taxes not paid " You say “I paid to my payroll company”
" IRS says “I don’t care, you are responsible”
" You are now out twice– the “stolen” funds plus the taxes " In addition you are hit with penalties and interest " PLUS payroll taxes cannot be wiped out by bankruptcy
EXAMPLES OF PAYROLL FRAUD
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FRAUD PROTECTION EXAMPLES OF FRAUD
HOW TO GET 100% FRAUD PROTECTION?
FRAUD PROTECTION BMA ELIMINATES TAX IMPOUNDING
EMPLOYER
IRS/STATE TAX AUTHORITIES
PAYROLL CO
WHY PAYROLL FIRMS LOVE
TO HOLD YOUR MONEY EXAMPLE
PAYCHEX IN 2014 INTEREST ON FUNDS HELD FOR CLIENTS
$40,700,000 AND
THIS IN A 0% ECONOMY
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BMA PAYROLL INFORMATION ON BMA PAYROLL
" BMA is a family owned company with over 30 years experience " BMA a national firm " Provides a comprehensive, all-‐inclusive, FLAT MONTHLY FEE processing z " ssthat includes:
" Cost savings, up to 70%. " No added charges for end of year W2’s 940 and 941 tax forms, " Free direct deposit for all employees " Free employee on line access to their payroll account " Free download of payroll data into QuickBooks and many other accounting software programs
(into specific accounts) " Free new employee reporting " Simple transfer from other providers " NO contracts required " Experience -‐ has been working with small to mid size firms for over 30 years " Best customer service in the industry
BMA PAYROLL
I THANK YOU FOR ATTENDING and
FOR YOUR KIND ATTENTION