Category Archives: Business Strategy

Long range, big picture, macro

Business Strategy , 2 Comments

Plan B: The Pivot

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By now you have reviewed your 2013 numbers and you know how you feel about the results.  If your revenue has been less than stellar for two or more consecutive years,   it’s time to think seriously about how to respond more effectively to the business environment that you face.  You need to create a Plan B and pivot.

Or maybe your numbers were more than respectable,  but because you are a savvy business person you know to look three years down the road and follow the advice of hockey immortal Wayne Gretzky and skate not to where the puck has been,  but to where it’s going to be.  Scanning the horizon for potentially lucrative opportunities and a pivot is always a good idea for those in business.

To pivot is to tweak your business model in response to current or impending business conditions,  good or bad.  To increase the chance that you will successfully tweak your business model and pull off a good pivot,  planning is imperative.  Market research and reality  (i.e. market)  testing of what you think will work form the basis of your pivot plan.  Start with an analysis of which clients hired you and the projects you were asked to do.  Your successful pivot could entail expanding your outreach to those clients.  What other services can you provide to them and how might you persuade them to upgrade what they hired you to do previously? Also,  how can you obtain repeat business this year,  so that you can introduce the upgrade?

Conduct some informal market research and develop a pivot strategy.   You might get clues about which of your products and services clients value most,  services you might expand and upgrade,  or additional services you can develop and sell by reading blogs and newsletters followed by those in the industries that hire you.   Invite a favorite client out to lunch or coffee and ask about organizational initiatives or industry hot buttons.   I think you can afford to be frank and let the client know that you enjoy working with him/her and that you wonder how else you might be of service.   Don’t be shy! You need information to set up a marketing test so that you can identify the Plan B to pivot into,  along with a marketing message to announce and sell it.

Alan Spoon,  general partner at the Boston office of Polaris Venture Partners,  recommends that you closely study your customers’ broader behaviors around the use of your products and services.  Your research should help you address these questions:

  • What do I do that is perceived by clients as distinctly valuable and could potentially be extended to other client needs?
  •  Are there products and services that can have an ongoing use and thus extend billing beyond the initial project?

Thanks for reading,

Kim

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Achieve Business Objectives With Facilitated Strategy Meetings

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Attracting and retaining customers and ensuring that an organization remains competitive in the marketplace are the primary responsibilities of for-profit and not-for-profit organization leaders.  Organizations run on revenue,  regardless of tax classification.  Every three to five years,  savvy leaders review their organization’s current state and the environment in which it operates,  the organizations’ customers,  the delivery of products and services,  the competitive landscape,  obstacles and threats to success and apparent opportunities and use that information to identify and prioritize goals that will set the organization on a path to a sustainable future.

It is imperative to create the conditions for a successful strategy planning or process improvement retreat/meeting.  The world has changed and there is no time to waste on possibly unproductive  “brainstorming sessions”  that may have sufficed in the past.  More than likely,  the results of the planning retreat are vital to the organization and it would be unwise to allow the winds of fortune or internal politics to control outcomes.

Engaging a professional meeting facilitator to guide your strategy planning or process improvement retreat will guarantee that participants will identify goals and objectives that are SMART  (specific,  measurable,  attainable,  relevant and timely)  and earn the support of mid-level managers and other key staff.   A facilitator allows all stakeholders to fully participate in the meeting,  rather than confining a key decision-maker to the role of meeting overseer and time-keeper.

The facilitator creates a positive meeting environment for the participants and lays the groundwork for teamwork and productivity.  He/she  keeps participants focused on the topic and momentum flowing.  Should a strong personality attempt to high-jack the agenda,  or if  the meeting somehow drifts off topic,  the facilitator employs techniques to re-establish focus without offending or squelching participant engagement and creativity.

A skilled facilitator knows how to bring forth the wisdom in the room.   He/she knows that most leaders already have the answers to the challenges their organization faces because they are its leaders.  They only need the right flow of energy to bring wisdom and good ideas to the surface.  If the group gets stuck,  the facilitator will help participants to consider the questions that should be asked,  which is another way to access the right answers.

One competency at which your meeting facilitator will be particularly adept is building consensus around a common vision and  priorities,  even if interpretations of these matters are divergent.  Helping opposing camps to listen to the reasoning behind the concerns and choices of the other side can lead to the discovery of a  “third way”,  alternatives that incorporate the key strengths of each viewpoint,  address what is important to each camp and allow the group to coalesce around this new hybrid approach.

Identifying long- and short-term goals that when implemented will grow market share;  overcoming business challenges;  improving service delivery and other process systems;  creating or more effectively utilizing competitive advantages;  and improving  bottom line profitability over the approaching 3 – 5 years is how organization leaders fulfill their responsibilities and behave like good stewards.  Contracting with a professional meeting and strategy planning facilitator ensures that leaders will meet these obligations and dispatch them appropriately.

Thanks for reading,

Kim

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Market Research: Benchmarking and Your Positioning Strategy

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Every few months it makes sense to do some benchmarking and find out how your services,  marketing message buzzwords and delivery systems compare to that of competitors.  Whether you are a start-up or a veteran entrepreneur,  market research in its many forms is an important barometer of the environment in which your business operates.  Fail to keep your finger on the various pulse points of the marketplace and you can miss the boat on either a lucrative opportunity or a shift in business practices or customer priorities that will leave you out in the cold and scrambling to catch up.

As we approach the fourth quarter,  it is useful to start thinking about the new year and how you can refine and confirm your services offered,  targeted clients,  business model and delivery of services.  The results of your benchmarking research can be used in the marketing or operations sections of a business plan,  to create a marketing or operations plan or to measure the success of a current ongoing plan.  Start the process by following the advice of the late,  great business strategy guru Peter Druker,  who famously noted that getting the right answers begins with asking the right questions.  Some important questions to pose include:

  • What drives targeted clients to hire outside help  (that is, Freelancers)  to perform the types of services your organization provides?
  • Who is providing that service for them now and what is the level of satisfaction with the deliverables?
  • What would those clients like to see included in the service itself or in its delivery that is not now being provided?
  • Does the client anticipate any changes in demand for this service within their organization?
  • What does the client feel is a fair price to pay for these services?

In market research,  there are primary and secondary sources of information.  Primary source information emanates directly from the client or competitor. Secondary sources are anything that has been published.  Because Freelance solopreneurs typically do not have market research budgets,  a DIY low or no cost strategy will be necessary.  Primary information can be collected from current and prospective clients through surveys and questionnaires that either appear on your website or are emailed separately to those who you feel will respond.  Provide an incentive to participate,  such as a free half hour consultation.  Also,  clients,  prospects and referral sources can receive from you an invitation to have coffee or lunch,  so that questions about their organizations’ needs and priorities as relates to your services can be asked and answered.

Competitors are another source of primary information.  If you attend a seminar outside of a competitor’s working geography,  he/she will likely be comfortable about sharing information.  Over time,  certain competitors that you encounter on a regular basis at business events may drop their guard just a bit and share a couple of pearls with you.  It is for that reason that establishing good relationships with competitors is a smart idea.  What they share will be limited,  but it could be beneficial.

You may want to begin your research with secondary information.  The easiest DIY market research tactic is to visit the websites of four or five of your closest competitors,  that is other Freelancers who offer similar services to clients that could be yours,  if you play your cards right.  It’s a good idea to monitor the sites over the course of months or even years and make note of any additions or deletions of services.  Changes in the available services of more than one competitor could very well indicate a change in client priorities and should prompt you to start asking some questions of your clients.  Periodic explorations of client’s websites is also a good idea.  A new service could suddenly appear and give you a new opportunity to make money.

Take your secondary research a step further and do an internet search of clients and competitors. You may find articles and press releases that yield useful information.  Periodic checks of competitor’s LinkedIn profiles is also a great idea,  especially if the two of you share a connection.  That will grant you access to a competitor’s page without making that person a connection.  Lots of juicy details about the competitor’s activities may await you.  How can you create a second degree,  strategic connection?

Give your business an important reality check with some good market research.  Obtain information that helps your business identify niche markets or glean more billable hours from current clients.  Use the December Christmas build-up weeks to conduct your investigations and make plans that will set you up for a successful new year.

Thanks for reading,

Kim

 

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Case Study and Client Success Story

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It is cause for celebration when your Freelance consulting expertise helps a client to achieve important objectives.  In previous postings I’ve recommended that you add to your website,  LinkedIn or Google +  sites case studies,  which are client success stories,  to demonstrate how you work with clients and the excellent outcomes that are realized when you arrive on the scene.

Business strategy development,  facilitation of business strategy meetings and marketing campaign development  (that is sometimes the result of a business strategy meeting that I’ve facilitated)  are my consulting specialties.  Special event and conference planning,  along with event marketing PR,  is an important niche market.  Also,  I develop curriculum and present workshops in business plan writing,  sales skills training and networking skills training.   My client list consists of small and medium-sized for-profit and not-for-profit organizations and except for teaching,  I connect with clients through referrals and personal introductions.

"Cooling Water"

“Cooling Water”

In November 2011,  a friend introduced me to the artist.  She is mixed-media collage painter and occasionally,  she sculpts brightly colored decorative bowls.  Her work had been featured in a small local museum that is far from the tourist areas and in solo or group shows in modest art galleries.  Over the years,  the artist had received several opportunities to enhance her career,  but she was often unable to follow-up and many slipped through her fingers.  Members of the creative class tend to have little energy available for business strategy and marketing.

She sold a few original paintings and her prints and decorative bowls sold reasonably well,  as did the greeting cards that featured images of her paintings.  The artist had recently earned a career victory,  when she was named the coordinator for a community arts initiative that is based at her alma mater.  She asked to meet with me.

We discussed her primary goal,  identified potentially promising opportunities and made a list of objectives that would serve as milestones.  Solo and group shows at more prestigious galleries,  an exciting offer to illustrate a children’s book published by a small local house and the formal launch of the arts project of which is coordinator were the defining objectives.

A business strategy and marketing campaign that would guide her choice of projects to accept or pursue,  to advance the primary goal of upgrading her brand and attracting higher-end collectors,  was developed and implemented.  Integral to the campaign was a revised marketing message and PR communications strategy.

The ArtMobile encourages local children to be creative

The ArtMobile encourages children’s creativity

Good results came quickly and serendipitous fortune appeared.  The university agreed to sponsor a big launch party for the arts project.  Outreach to the local cable television network led to the artist’s appearance on a talk show.  Two gallery shows were scheduled and offers for two more came in,  when gallerists who had been acquainted with her work,  but had not been moved to offer her a show,  learned of her affiliation with the community arts project.

One of those galleries is located in Martha’s Vineyard,  in the town where the President and First Lady,  who are known to be art lovers,  vacation.  The artist’s paintings sold well in Summer 2012 and she was invited to show her work there again this summer.  We have our fingers crossed and hope that the Obamas visit the gallery.

To review and evaluate the book illustration contract,  I referred to the artist an acquaintance of mine who is an intellectual property attorney and he gave the thumbs-up.  Because the book is based on a historical figure,  the artist felt that period research would be essential to her creative process.

I contacted a local college that has a well-regarded library and information science master’s degree program.  Within two weeks,  I was able to speak with four potential candidates who both concentrate on that period and have an interest in art.  I sent them to the artist for interviews and she hired two: one to perform research for the book and the other to catalogue her archive of paintings.

On the evening of July 3,  the artist hosted a large opening reception and birthday party at a restaurant that is now displaying several of her prints.  I contacted a pastry chef and asked him to create a special cake for the occasion,  a cake that depicted one of the artist’s paintings in butter cream frosting.  He chose to portray  “Never Walk Alone”.  A local newspaper was contacted and the editor sent a photographer.  Guests were wowed by the cake.  It was beautiful to behold and delicious!

The artist and the pastry chef

The artist, the pastry chef and the cake

The crowning milestone achievement was reached on July 16, 2013,  when the artist was sworn in as a committee member of the Boston Arts Commission,  a 123-year-old agency that chooses the art that will be displayed on City of Boston property.  This prestigious honor is a 5 year appointment.  The artist was nominated for the appointment by the arts association in the neighborhood where she has lived since childhood.  She leads art walk tours that highlight the distinctive architecture,  cultural institutions and public art in her neighborhood.

Swearing-in at the Boston Arts Commission

Swearing-in at the Boston Arts Commission

Signing appointment documents

Signing her appointment documents

Thanks for reading,

Kim

Business Plan, Business Strategy , , 3 Comments

A Profitable Partnership

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Whether you are making a plan to start a business or expand one that exists,  inviting partners to join you may be the best way to achieve business goals.  Ideally,  partners bring some combination of complementary skills,  capital resources and strategic relationships that will make the business grow and prosper faster.

Before initiating a partnership,  evaluate the resources you need to launch your venture.  If you anticipate that start-up or expansion capital may not be available,  then taking on a partner or two may be the only way to take your business from the drawing board to reality.  But if skill sets beyond what you possess are the issue,  you may be better off hiring  a few key employees.  Speak with a business attorney to devise a way to attract key employees for your management team by offering equity in the business,  but not so much that you risk losing control.  Remember to include the option of your being able to buy back shares if you like.

Similar business goals and priorities

Business partners must share a vision of the long-term goals and priorities for the venture.  How big do you want the business to be? How much of your life are you willing to devote to building the business?  Have conversations and brainstorm different scenarios that might happen during the life of the business and how each of you thinks it would make sense to respond.  Partners must be able to agree on a course of action to move the company forward if success is to be realized.  Serious discussions about each partner’s preferred vision of the future will give valuable insight into how to handle challenges and opportunities that might present themselves down the road.  Write a business plan together and as you do,  almost everything will come out in the wash.

Similar approach to customer service

Customer service is an important aspect of the business brand.  Customers must know what to expect when doing business with you.  It will only confuse and frustrate clients if one of you is willing to burn the midnight oil and move heaven and earth to exceed expectations every time and the other is willing to let whatever it is wait until 9:00 AM the next morning.  Whatever approach you take,  devise standardized,  written customer service protocols that all partners can accept and agree to abide by.

Mutually agreeable exit strategy

Is this a one-off project based partnership,  or is everybody in it for the long-term?  Do you envision building the company rapidly and attracting a buy-out offer,  or is this a business you would like to pass to your children? Guided by a business attorney,  discuss the circumstances by which a partner can quit the partnership and how the transition will take place.  Who can buy out a partner? What is the protocol if a partner becomes medically incapacitated and can no longer work in the business? In a divorce,  can you wind up being in business with a business partner’s ex?

Partnership agreement

Your state may not require a written agreement to form a General Partnership,  but you are strongly advised to do so anyway.  A written agreement will clarify the parameters of the partnership.  Specify the share of the business owned by each,  the division of net income (or losses) and the duties and responsibilities of each partner.  Commit to writing everyone’s shared understanding of the partnership business arrangement.

Forming a partnership and going into business with one or more people can be an enjoyable and profitable experience,  but it doesn’t work for everyone.  When partnerships go wrong,  they ruin relationships and bank accounts.  Choose partners wisely,  be realistic and transparent and put everything in writing.

Thanks for reading,

Kim

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C x 5 = Success for Your Business

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If one intends to succeed in business,  then it is necessary to manage the business effectively,  because in the long run,  the better-managed businesses  succeed.  Dan Barufaldi,  Freelance management consultant active in metro New York City,   authored the 5 C’s for Success in Business list.  According to Dan,  success in business requires that you attain and leverage these five resources:

Clients

Credibility

Cash flow

Credit

Capital

I.   Clients

But of course a robust client list is necessary if one expects to keep the doors open.  Clients are the life blood of every business and priority is given to acquiring and retaining the  source of revenue.  There are a number of tactics  strategies that business owners can use to find and retain customers,  including:

Advertising and promotion

Advertising in newspapers,  blogs,  newsletters,  trade journals

Email marketing campaigns

Trade show and conference  exhibits

Participation in local charity events

Brand

The focus may not be on a specific product or service,  but branding is marketing/advertising designed to enhance the reputation of the company/ consultant in the marketplace.  It is important to communicate to current and potential customers that the company/consultant is reliable and trustworthy.

Customer service

Create good word of mouth  (still the best form of advertising)  and stimulate referral business by providing excellent customer service and exceeding expectations every time.

Networking

Those whose target clients are B2B will greatly benefit from membership in the local chamber of commerce,  Rotary Club and neighbor hood business association.  Those whose target customers are B2C will be wise to take part in neighborhood charity events and otherwise be visible in the community.  B2G oriented businesses and Freelancers will attend information sessions and certified vendor conferences sponsored by city,  state,  county and federal organizations.

II.  Credibility

Freelance consultants and small business owners must package and present ourselves and our products and services in a professional manner.   We cannot afford to advertise and brand like the major corporations,  so we must be creative in our use of promotional resources.  A good ongoing branding campaign to enhance reputation is essential,  as is excellent customer service.  Promote your brand and build trust with good customer service,  to create good word of mouth that can earn you recommendations and testimonials.  Teaching is a time-honored way to demonstrate one’s expertise.  Speaking on (or moderating)  a panel at a professional development symposium is another excellent way to create visibility among your peers and potential clients.

III. Cash Flow

For Freelance consultants and small business owners,  cash flow can sometimes take precedence over  short-term profitability.  Cash flow glitches will result in unpaid accounts payable,  the inability to take advantage of special offers,  an unmet payroll and/or the inability to cover immediate and urgent expenses.  It’s a smart idea to project cash flow needs over 8 – 12 weeks,  so you’ll know when to invoice clients,  when receivables are expected,  when accounts payable are due and have time have time to cover any gaps that appear.  It may be possible to extend the due date on certain accounts payable,  accelerate the collection of accounts receivable,  adjust expenses or even get a bridge loan  (or a temporary job).

IV. Credit

Available credit supports cash flow management.  An honored request to increase the credit card limit allows one to float expenses when accounts receivable collections are unexpectedly slow,  or allows the business to stock up on inventory when prices are favorable.  Those with good credit ratings pay lower credit card interest rates,  which is also good for cash flow.

V.   Capital

Those looking to grow their business may need to make large expenditures and that will require access to capital.  If significant business growth is part of your organization’s three-year plan,  start now and improve your credit rating by paying off debts,  if that is an issue.  The establishment of a good relationship with a bank,  along with a credit rating and financial management practices that demonstrate good judgment and fiscal responsibility,  will be very helpful when it is time to seek financing.  Make an appointment with the manager of your bank to discuss your plans,  learn how much you are qualified to receive and the payment terms.  Meet a banker as you network at the local business association and get a second opinion.

Thanks for reading,

Kim

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You Are the President

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Today is Election Day in the US and an 18 month long  (or thereabouts)  presidential campaign will finally draw to a close.  I take voting seriously and view it as both a right and a responsibility.  It is only in the past 50 years or so that true voting rights were extended to the general population.  For 150 years,  only land-owning males of Euro-American descent who were literate in English were eligible to vote.   As a result,  the vast majority of citizens have been unable to vote for most of our history.  Vestiges of restrictive voting laws linger today, unfortunately.  For example,  why isn’t Election Day a paid holiday for all workers,  full-time,  part-time and contract? 

In our last episode,  I left you with a cliff-hanger and promised to take a look at what is most likely the most important part of your Personal Presidential Campaign.  Dear readers,  that would be relationships.  Pay particular attention to whom you know and who knows you.  Business is political and politics is all about relationships.  Identify and affiliate with organizations that will bring you into contact with people you need to know.  That could mean the chamber of commerce,  house of worship,  nonprofit organization board,  or a fitness center.   Figure out where the right people congregate and then evaluate where you will have the best chance of access and acceptance.

Something else you can do: search your VIP’s name and you might discover that he/she will speak at a local conference.  Be there if it’s open to the public and within your budget.  If you’re able to attend,  take notes on the presentation so that you can ask a good question during Q & A.  Your intelligent question will pave the way for a post-talk conversation that will set the stage for relationship-building.

Along the way,  you must also get a handle on what you can offer the VIPs you want to bring into your camp.  Objectively evaluate what it is about you that higher-ups will appreciate.  Maybe you have a skill that nonprofit boards covet  (beside check-writing ability):

  • Are you a silver-tongued salesperson,  who might therefore be an adept fundraiser for the VIP’s favorite charity?
  • Do you possess the  excellent organizational skills that would make you a key player on an event committee?
  • Can you build a website or put together an e-newsletter?

Or maybe you know an influential person or two and you can connect your VIP to someone he/she would like to know?  Whatever it is that you can do,  discern your value-added and work it,  even if it’s helping out with crossword puzzles.

Social media can also play a role in your relationship-building strategy.  If your VIP has a Twitter feed,  definitely sign up to follow and eventually join the tweets and re-tweets.   If LinkedIn is your thing,  resist the temptation to right away ask your VIP to join your network.  Be more subtle and try to find out if you have any connections or groups in common.   If so,  tap your common connections to obtain some useful background info.   Follow group discussions to see if your VIP participates.  If you can intelligently add to discussions in the common groups then do so,  as your VIP could be following and it could be an opportunity to look good.  You can do the same in the general Answer forum.

In closing,  please know that I do not advise you to coldly manipulate those people whom you feel will be useful to your ambitions.  To the contrary.  Relationships must be a two-way street and win-win is the goal.  Take the time to build authentic relationships and provide value to others as you campaign to be the President of your professional life.

Thanks for reading. Cast your vote.

Kim

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Campaign for President

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I am rather a political junkie and pride myself on keeping up with important local,  national and sometimes international elections.  On Tuesday November 6,  those of us in the US will cast our votes for President in the culmination of a contentious and mind-bogglingly expensive race for the White House.  There are also a few important Senate races to resolve as well.

Dorie Clark  (no relation),  corporate strategy consultant and adviser to the gubernatorial campaign of MA Governor Deval Patrick and the presidential campaign of Howard Dean,  says that business owners and executives should pluck a few lessons from electoral politics to better position themselves for business and career success.

Clark urges those of us in leadership positions  (and every Freelancer is a leader)  to  observe and follow the behavior of the best politicians,  from Lyndon Johnson to Ronald Reagan: set clear and reasonable goals;  identify and cultivate supporters;  build and exercise influence;  and execute relentlessly to achieve your ambitions.  You may not be running for public office,  but it’s a smart idea nonetheless to manage your career as if you were campaigning for president.

First,  choose a professional goal.  If you find it advisable to alter your goal down the road,  that’s OK;  you just need to propel yourself forward and start your campaign.  Those in business most likely want  to earn more money and that may mean acquiring more clients who dole out lucrative contracts.   So maybe your prime objective will be to sign three Fortune 100 clients,  to support the goal of accessing higher paying and more prestigious projects that enhance your brand and your bottom line.

However,  you may eventually decide that your organization is not ready to pursue Fortune 100 clients.  Instead,  you shift your sights to Fortune 1000 clients,  because that is more realistic for you.  The point is,  you’ll position yourself to sign clients who can offer bigger budget projects and maintain your goal of enhancing both your reputation and your revenues.

Next,  set important milestones for your campaign.  A presidential candidate is advised to win the Iowa caucus and New Hampshire primary because performance there impacts future campaign success.  Candidates who succeed in those races vastly improve their chance of reaching the White House.  What interim projects can you pursue and win,  projects that when on your CV will persuade bigger clients to  trust your expertise and feel comfortable enough to hire you?

While you work on getting yourself into some stepping stone projects,  take a look at your skill set,  your personal and professional network and your marketing materials.  Identify and resolve any gaps and need for upgrades.  Observe those who have arrived at the place you want to be and check out their skills,  education level,  marketing materials,  relationships,  professional organizations,  etc.  Fill in as many missing elements as possible.

Make an action plan and hold yourself accountable by attaching dates.  Maybe you should become a better public speaker or obtain a certain professional credential? Maybe there are books, blogs or magazines you should read to stay current in your business (or that of your target clients)?  Find out when and where the course will be offered and its cost.  Enter registration dates into your calendar.  Budget the money.  Visit the library or book store.

Next week,  we’ll take a look at what may be the most important component of your presidential campaign.

Thanks for reading,

Kim

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Corporation Subchapter S–Should Your Business Be an S Corp?

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You may operate your business as a Sole Proprietor,  like 70%  of US businesses do,  or maybe as an LLC.  However,  if business should become fabulous and you begin to rake in some serious cash,  then it could make sense to incorporate,  as a method to lower your taxes and protect profits.

You may be implementing a growth strategy that requires you to take on additional investors,  or maybe implementing your exit strategy,  with a plan to sell your business,  perhaps to employees through an Employee Stock Option Plan  (ESOP).  Either scenario may prompt your accountant or business attorney to recommend that you establish a separate legal entity for your venture and the preferred strategy could be to incorporate.

What does that mean in practical terms?  For a Freelance consultant or small business owner,  incorporating usually means setting up an S Corporation.  Last week’s post discussed Limited Liability Companies  (LLCs)  and there are similarities between the S Corporation and LLC.

The first similarity is that both LLC and S Corporation provide owners with a degree of protection from lawsuits and creditors.  However if negligence is involved,  the  “corporate veil”  will be pierced and the owner(s) will be liable for any damages.

Second,  there are certain similarities in how taxes are handled.  As with the LLC,  S Corporations  (unlike the more common C Corps)  allow a  “pass through”  of business profits or losses to the owner’s  (i.e., S Corp shareholders)  personal tax form 1040 in accordance with the share of business ownership.  There is no separate  (double)  taxation,  as occurs with C  Corporationss.  Both S Corp and LLC owners can deduct pre-tax business expenses such as advertising,  professional services,  travel, etc.  S Corporation owners will file form 1040 schedule E and form 1120S in addition to your usual tax forms.

Yet,  there are a couple of differences that impact the treatment of taxes.  Unlike the LLC and like the C Corporation,  S Corporation owners pay themselves a salary  (that must be deemed reasonable based on industry standards and business revenue)  and they receive dividends  (distributions)  from any additional profits earned.  Dividends are taxed at a lower rate than the salary pay-out and that is one reason that S Corporation tax rates may be lower.

Another difference involves self-employment taxes.  Says Diane Kennedy,  Phoenix, AZ based CPA and author of  “Loopholes of the Rich: How the Rich Legally Make More Money and Pay Less Tax”  (2001),  “If you have a Subchapter S Corporation and you put yourself on the payroll as a W-2 employee,  withholding taxes from each paycheck as you take money out of the corporation,  you can often save a significant amount of money in self-employment taxes”.  Sole proprietors and LLC owners must pay self-employment taxes.

Owners may sell,  transfer,  or gift their shares,  something that cannot be done by LLC owners.  There cannot be more than 100 S Corp shareholder/owners,  but family members who own shares are treated as one shareholder when counting.  Corporations,  regardless of the form,  continue on in perpetuity unless formally dissolved.  Death does not automatically dissolve a corporation,  while LLCs terminate if one owner retires,  resigns,  dies or goes bankrupt, but can be reformed if desired.

On the downside,  S Corporations have more stringent guidelines than do LLCs.  Owners must be US citizens or reside in the US.  There can be only one class of stock and depending on the state in which you’ve incorporated,  there may be additional state taxes.  Businesses that receive 25%  or more gross income from passive income  (think rental income)  and those that receive 95%  or more gross income from exports are prevented from forming an S Corporation.

S Corporation owners must also hold annual board of directors and shareholder meetings and take minutes.  Further,  the owners must strictly separate their personal and corporate bank accounts.  Failure to adhere to all requirements may result in forfeiture of S Corp status and the IRS is looking.

So which business organization strategy is best for your business?  Like I said in the beginning,  it depends on the circumstances.  Throughout the life of you and your consultancy,  it is wise to assess where you are presently and your plans for the future in terms of income,  growth,  exit strategy and taxes and institute the legal structure that will enhance your position.

Thanks for reading,

Kim

Business Strategy , , , , 2 Comments

Limited Liability Company — Should Your Business Be an LLC?

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Going into business invariably entails lots of decision-making,  one of which will be to choose the legal structure of the business entity.  As you know there are three choices: Sole Proprietorship,  Limited Liability Company and Corporation,  typically S Corporation for Freelance consultants and small business owners.  Most Freelancers begin as Sole Proprietors and many remain there.  If business-related liability is not an issue,  then that is a perfectly acceptable choice.  About 70% of  US businesses are Sole Proprietorships.  However at some point in the life of your business,  perhaps as revenue and reputation grow,  it may be preferable to move beyond Sole Proprietor status.

At any time,  you may decide to operate your Freelance consultancy through an entity that limits your personal liability as the owner  (alone or in partnership),  decide that it’s worth the  $500.00 or so filing fee  (payable each year on renewal),  plus maybe three hours of attorney or accountant fees to make sure everything is done the right way.  Or maybe it’s not liability you’re worried about.  Maybe you feel that you’ll appear to clients and prospects more  “real”  and the legal structure is more marketing tool than liability protection.  Whatever your motive,  the matter of selecting your consultancy’s legal entity will present itself.  Should you structure your business as a corporation, or as an LLC? The answer to the question is— it depends.

Most Freelancers and small business owners are directed by their accountants and attorneys to the LLC.  It’s flexible and easy to set up and file.  Your state’s Secretary of State’s office will have a form online for you to inspect.  There may be one or several owners of the LLC,  but there must be a registered agent  (to receive mailings associated with the LLC entity)  who resides within the state.

A big advantage of organizing your business as an LLC is that you will receive protection from creditors of the business.  If the business owes money,  those to whom it owes money will not be able to come after personal property and other assets.   Moreover,  limited liability means that business owner(s) may not be held liable for debts that exceed their investment in the business.  For example,  if your investment in your Freelance operation is $5000.00 and you manage to incur business debts of $8000.00,  you are potentially liable for only the $5000.00.

Furthermore,  there is no separate business tax on the LLC.  All business income and expenses  “pass through”  to the owner(s) of the business,  who pay personal taxes only on the net profit,  based on the share of business ownership.  The owner of a single-entity LLC does not have to file a separate tax return for the business—all financial information is reported on form 1040.  Schedule C Profit and Loss for a Business must also be filed  ( you file schedule C also as a Sole Proprietor),  where one may deduct all of the allowable pre-tax business expenses,  i.e. advertising expenses,  travel and entertainment,  office supplies, etc.  You must also pay self-employment tax,  as do Sole Proprietors.

I was surprised to learn that an LLC can own property.  In fact,  if the property owned increases in value  (and it probably will),  your LLC will avoid the capital gains double taxation that regular corporations  (C Corporations)  would incur should the property be sold or the business entity liquidated.  Like business expenses and profit,  the capital gains would  “pass through”  to the owner(s).

One must be careful when doing business as a separate legal entity,  though.  Your LLC cannot become entwined with personal finances.  Keep your grocery store charges,  shopping sprees and personal vacations out of your business affairs.  Failing to do so will cause LLC status to be forfeited.  Moreover,   an LLC terminates if one of the owners retires,  resigns, dies or goes bankrupt  (remaining owners can form a new LLC).

The LLC works best in relatively straightforward businesses,  single- or multi-owner.  If your goal is to raise money to vastly expand your business,  then the business is advised to incorporate,  so that investors will have the security of holding stock certificates as proof of ownership stake in the business.  Ditto if you plan to take your company public.  I’ll be back next week with a look at incorporating your Freelance consultancy.

Thanks for reading,

Kim