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  • 5 Payroll Tax Mistakes to Avoid

    WGSF Newswire:  5 Payroll Tax Mistakes to Avoid If you have at least one employee, you’re responsible for payroll taxes. These include withholding federal (and, where appropriate, state) income taxes and FICA tax from employees’ wages as well as paying the employer share of FICA tax and federal and state unemployment taxes. The responsibility is great and the penalties for missteps make it essential that you do things right. 1. Misclassifying workers Audits by federal and state wage labor regulators have been on the rise in recent years. Perhaps the hottest audit issue today is misclassifying workers. There’s incentive to treat workers as independent contractors rather than employees because payroll taxes and employee benefit costs are high; a company’s only tax responsibility for an independent is issuing a Form 1099-MISC if payments in the year are $600 or more. You don’t have the right to label a worker as an independent contractor; classification depends on whether you have sufficient control over the worker. This essentially means having the right to say when, where, and how the work gets done. Having an independent contractor agreement is helpful in showing that you and the worker do not intend any employer-employee relationships, but the ultimate decision is up to the Department of Labor and IRS. Too many employers place unreasonable reliance on independent contractor agreements. Find information about worker classification from the IRS. When in doubt, consult one of our business attorneys. 2. Not using an accountable plan for employee reimbursements If you normally pay for travel, entertainment, tools or other business costs for employees, you’re wasting employment tax dollars if you don’t use an accountable plan. With this arrangement, you deduct the expenses but avoid all payroll taxes on reimbursements; employees do not have any income from reimbursements. To be an accountable plan, the employer must formalize the arrangement and set reasonable times for action (the following times are reasonable to the IRS but you can adopt shorter time limits for action): • The reimbursable expense must be business related. • Advances cannot be made before 30 days of the expense. • Employees must account for the expenses within 60 days of the expense. • Employees must return excess reimbursements to the employer within 120 days of the expense. 3. Failing to keep payroll records You are required to maintain payroll records and have them available for IRS and Department of Labor inspection. These include time sheets, expense accounts, copies of W-2s and other payroll records. Usually, you should keep information for at least four years. In the event of a tax or wage audit, these records are in valuable asset that you can use to defend yourself. You should also retain copies of Forms I-9 , which shows an employee’s eligibility to work in the U.S. States may also have certain hiring forms that should be retained (e.g., E-verify forms). Details about retaining I-9s can be found at the U.S. Citizenship and Immigration Department. 4. Choosing to pay creditors before the IRS When a business gets into a cash crush, it may be tempting to pay the landlord, vendor, or utility company before the IRS and Department of Revenue; don’t! As a business owner, you are a “responsible person” who remains 100% personally liable for “trust fund” taxes (amounts withheld from employees’ wages). This is so even if your business is incorporated or is a limited liability company. Best strategy: Set aside cash to cover payroll taxes so you won’t use these funds for any other purpose. Find more information about the trust fund recovery penalty from the IRS. 5. Failing to monitor payroll company activities Many small businesses use outside payroll companies to handle the job of figuring withholding as well as transferring funds to the U.S. Treasury and Department of Revenue to cover payroll taxes. However, some of these companies may not do their job, by error or intentionally. As an employer, even if you use an outside payroll company you remain responsible for payroll taxes. Best protection: Monitor your tax account to see that funds are being deposited on time and in the correct amount. If deposits are made electronically using EFTPS.gov, you can easily see activities in your account. Conclusion Stay on top of your employer responsibilities to avoid any penalties or entanglements with the IRS, the Department of Labor, or your state’s agencies.

  • 10 Steps to Buying a Home

    WGSF Newswire: 10 Steps to Buying a Home These days, buying a home may not be as easy as 1, 2, 3—but it just might be as easy as 1–10. And while a variety of factors can affect the ease and timing of your transaction – distressed properties or special mortgage programs, for instance – a few basic steps are universal for most homebuyers during the initial stages of a purchase. 1. Determine your readiness: If you’re reading this, it’s likely that you’ve already tackled the first step of deciding whether purchasing is a good option for your finances and your family. Obviously, your current financial situation will be a major factor in this decision. Understanding the costs of home buying and homeownership are vital steps in determining whether you’re ready to “take the plunge.” Factors that determine your financial readiness include your current income, savings, fixed expenses, and debts. 2. Become optimal mortgage candidates: With lender requirements stricter than ever, you’ll need to make sure your credit and finances are in excellent condition. Try to pay off or pay down outstanding balances on credit cards, car loans, etc. This will help improve your income-to-debt ratio, which will in turn improve your credit score. A credit score higher than 700 will help you get the best rates. We can help you order a free credit report and challenge questionable listing on your credit report under the Consultation and Letter writing benefits of your membership for no extra charge. 3. Get a pre-approval letter: Getting pre-approved for a mortgage means that a loan officer has reviewed your finances and credit report and believes you qualify for a specific loan amount for one or more mortgage programs. The lender will then offer you a pre-approval letter, which will give you an edge with sellers when you are ready to make an offer on a home. 4. Determine your budget: Your pre-approval letter will tell you how much the bank is willing to lend you based on your credit, income, and other factors, but how much you can really afford is a personal decision. The bank will take your fixed expenses into consideration when determining your pre-approval amount, but you will need to determine what you’re comfortable spending each month. 5. Find a real estate agent: With access to multiple listing services and insight into the market, a real estate agent can help you find the home you’re looking for as well as facilitate the negotiating and closing process. While you don’t have to use an agent to purchase a home, it can make the entire process much easier for first-time homebuyers. 6. Select a property: With your real estate agent (or without), narrow available properties by determining what you really want in a home. Your agent will help arrange home viewings for properties that suit your preferences. Once you’ve selected the right home for you and your family, it’s time to make an offer and close the transaction. 7. Make an offer: This is generally done by presenting the seller with a proposed sales contract, or purchase agreement. This contract will outline the details of the sale, negotiated repairs to be made prior to close, fixtures sold with the house, certain disclosures on the property, etc. This, along with a payment of earnest money, will be held by your attorney or escrow officer, depending on your geographic customs. Time permitting, send us your written offer to be reviewed under the document review benefit of your LegalShield Membership, especially if you’re not working with a real estate agent. 8. Select a closing agent or title company. Real estate agents often try to help their clients by referring homebuyers to a title company, but federal law provides that consumers are ultimately responsible for selecting a title insurance provider of their choosing. Many title companies are now owned by lenders, real estate firms, and builders. These arrangements are legal if properly structured and disclosed. The consumer, however, is often best protected when there is no conflict of interest or financial incentive for the referral of title business. We recommend that you select Welch, Gold, Siegel & Fiffik as your closing agent – we will represent you and only you. 9. Inspect the home: Once your offer is accepted, it’s customary to schedule a buyer’s home inspection. This is when you have the opportunity to get a professional opinion on the condition of the home and determine any red flags (like damage, pests, structural issues, etc.). We recommend that you find a qualified inspector at either www.nahi.org or www.ashi.org. Read the inspector’s report carefully and proposed changes to the sales contract based upon the inspector’s report. 10. Close the transaction: The process of closing on a new home can require several weeks (or longer) and many steps. This is where the quality of your closing agent or title company really pays off. During the escrow period, you will work with your lender to secure your mortgage. This process will involve gathering lots of information, signing a lot of paperwork and a lengthly “to-do” list. When the requirements of your sales contract have been fulfilled and your mortgage has been approved, you will be given a final walk-through of the property to determine that all repairs were made as negotiated. On the closing date, you will sign your mortgage documents and receive the keys to your new home. WGSF can reduce the stress and anxiety that often exists when pulling together the final details of a closing and ensure that you understand everything you’re signing before you sign it.

  • Many thanks to Attorney Carol Rosen

    Letters from our Members: January 27, 2012 Dear Welch, Gold, Siegel & Fiffik P.C., I wanted to send a letter of appreciation for your help in the matter of my dispute with a tax collection bureau over late penalty fees. I worked with Carol L. Rosen, Esq., who was very professional and effective in her communication with the bureau. I want to thank you for a successful resolution to this problem and all your help in settling this matter. You were great to work with, and did a terrific job. I am very proud to be a member of LegalShield. There can be so many situations today in which legal advice and help is needed. It’s very reassuring to me to know that you ar there to help when needed. Sincerely, Member from Pittsburgh, PA #legalshield #tax

  • Grateful for Attorney Robin Allaway

    Letters from our customers: August 1, 2012 Dear Welch, Gold, Siegel & Fiffik, and LegalShield Services: I phoned in and requested that I speak with Atty. Robin Allaway, who I have found to be one of the best Lawyers in your firm. She is a great listener, professiona, and very knowledgeable. In addition she has gone above and beyond to assist me with my matter, in kindness and with patience. In speaking with her she makes me feel important as a LegalShield member and as a LegalShield Associate, it makes me proud to know that we have an Attorney like Robin Allaway that is representing our members. Thank you, Member from Pittsburgh, PA #legalshield #trust

  • Appreciation to Attorney Lenora Randall

    Letters from our customers: June 11, 2012 Dear Welch, Gold, Siegel & Fiffik: I have been a member for several years and have utilized the letter writing service a few times. In prior efforts to utilize the service, I will be honest, I was not always pleased. The attorneys were resistant to providing a draft of the letter prior to sending it out, and only did so with my insistence. The letters were what they wanted, and were ineffective. Each time I came away feeling I had not been treated as a valued member. I had a very different experience recently working with Atty. Lenora Randall of Welch, Gold, Siegel & Fiffik, PC. She listened attentively and was very supportive. Ms. Randall made it clea that her goal was to get the facts straight and express my thoughts about the issue within the bounds of the prevailing legal parameters. She did not hesitate to review a draft of her letter with me and to make adjustments as neccesary. Her letter was direct on the issues, concise and expressed my concerns and the outcome that I was seeking. Atty. Randall provided the type of service I had hoped to recieve in my prior encounters. I came away feeling grateful to her. Now I am hopefull, because she represents what good customer service should be, and I have reconsidered maintaining Sincerely, Member from Pittsburgh, PA #customerservice #legalshield

  • Attorney Lenora Randall and Attorney Belinda Lison Two Wonderful Ladies

    Letters from our customers: January 3, 2012 Dear Welch, Gold, Siegel & Fiffik, PC, Many times we find ourselves having to write complaint letters to different companies and with just reason, but there are those times we find ourselves taking the time to write letters of praise, where it deserves just reason to do so. This is one of those times for a letter of praise. There are two women lawyers that I want to write to you about who I feel go above and beyond and excel with client services. Those two women are Attorney Lenora Randall, and Attorney Belinda Lison. Time and time again they both show compassion, insight, integrity, and honesty. Rare principles in today’s world. I do not feel so much along with I have Attorney Randall on the case, or Attorney Lison on the case. Both make handling a stressful matter less stressful, and both listen to me as I assist in providing the needed documentation for them to write a compelling and successful letter on my behalf. Please let them know that they are recognized for an excellent job of skill, and compassion and that I appreciate having the honor of knowing them and working with them on my matters. Very Truly, Member from Pittsburgh, PA #customersatisfaction #legalshield

  • Thank you for courage Attorney Marsha Maietta

    Letters from our customers: June 13, 2012 Dear Welch, Gold, Siegel & Fiffik: Your attentive document review, and recommendations to me gave me the confidence to file my appeal, and represent myself. Marsha, thank you so much for all your help, I couldn’t have done it without you. Yours Very Truly, Member from Pittsburgh, PA #help #legalshield

  • Marcellus Shale

    WGSF Newswire :Marcellus Shale 6/6/2011 A recent advance in drilling technology has propelled Pennsylvania as a potential boom region for natural gas exploration and production. More than a mile beneath an area of Appalachia covering parts of four states lays a layer of rock called the Marcellus Shale containing a mostly untapped reservoir of natural gas that could swell U.S. reserves. The shale holding the best prospects covers an area of 54,000 square miles, from upstate New York, across Pennsylvania into eastern Ohio and across most of West Virginia. In Pennsylvania, most of the prime shale real estate extends from the north-central to the southwestern part of the state. Pennsylvania, where the Marcellus Shale appears to be thickest, is the heart of the action so far. Many gas-leasing companies have been knocking on landowners’ doors and offering the dream of great profit in exchange for the right to drill. They are rifling through stacks of dusty deeds in courthouse basements to see who has underground mineral rights to the deepest gas formations. The Pennsylvania Department of Environmental Protection says that drilling permits are up about 25% since 2005 and most of the activity increase can be attributed to wells in the Marcellus. Some estimate that 1,600 wells will be drilled in 2010 alone. Leasing land to a gas company and allowing a gas well to be drilled on your property can be a risky business, however. Even though tests in a particular geographic area might indicate the presence of gas reserves, allowing a company to drill on your property is speculative, potentially dangerous and could yield nothing. The drilling process also comes with certain risks to your property and the water supply. There are many questions to be answered: What does the drilling process entail? How close to my home or well can a well be placed? What percentage of the profit is a landowner entitled to? How can I ensure I am receiving the correct amount of royalties? How can I guard against potential damage due to drilling and gas extraction? There are many potential issues you can negotiate to modify a lease. Those include signing bonus and royalty payments, restrictions on the number or location of wells that may be drilled on the property, site restoration work, protection of the water supply, liability issues and issues regarding pipeline that must be installed on the property. The negotiation of these terms may be your first exposure to an oil and gas lease. Because of the legal nature of the leasing arrangement, an inexperienced landowner may be at a disadvantage when dealing with a more experienced lessee. No landowner should give up any rights associated with their land unless they are fully informed and completely comfortable with their decision. Talk to other landowners and learn more about their experiences with exploration and production and the royalties they received. Seek legal counsel from our experienced attorneys before signing an oil and gas lease. A standard form lease offered by a gas company may not offer all that can be negotiated by an attorney experienced in protecting your interests. Disclaimer: The information contained in this message is provided for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the issues related to a personal injury case. Every individual’s factual situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state.

  • Our Newest Addition to WGSF

    WGSF Newswire : Our Newest Addition to WGSF, P.C. July 24, 2012 We welcome Deirdre B. Moser, who became an Associate with Welch, Gold, Siegel & Fiffik, PC. Her practices include Business Law, Civil Litigation, and Real Estate transactions. Disclaimer: The information contained in this message is provided for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the issues related to a personal injury case. Every individual’s factual situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state.

  • Wage Claims on the Rise

    WGSF Newswire : Wage Claims on the Rise July 23, 2012 The Department of Labor is cracking down on employers, and especially restaurants for violating the minimun wage, overtime pay and record-keeping provisions of the Fair Labor Standards Act (FLSA). In addition, claims filed by employees seeking back wages are significantly on the rise. Federal Judicial Caseload Statistics reports that well over 6,000 wage and hour lawsuits were filed in each of the years 2011 and 2010. Overall the fedearl courts have seen a 325% increase in these types of claims since 2001! Business ownders can be personally liable for violations of the FLSA and other wage laws, so compliance must be taken seriously. The FLSA applies to virtually all employers. The cost of violations can be severe. Following an FLSA audit, you can be assessed back pay, overtime, interest and penalties for up to the two years preceding the audit. An audit may also lead to investigations be the IRS and Department of Homeland Security. If you think any of the following common problems are present at your business you should seek professional guidance on complying with the FLSA: Paying employees in cash without withholding required payroll taxes Not ensuring that employees receive overtime pay for each hour worked in excess of 40 hours in a week Paying a salary to employees who work over 40 hours per week who are entitiled to receive overtime wages Not keeping records of wages paid to employees Collecting and redistributing tips to employees Taking an excessive tip-credit against employee wages Not having necessary I-9 form and other records of employees’ identification Not paying employees required minimum wage A business owner’s best defense when faced with an employment claim is excellent records. It is the owner’s burden to prove that employees were paid wages in compliance with the law. WIthout good records, meeting that burden is a very difficult task. Defending a wage claim without good records can be very costly and sometimes fatal to a small business owner. Welch, Gold, Siegel & Fiffik, PC advises buiness regarding FLSA and other employment issues. We have defended employers in suits filed by employees seeking unpaid wages and in Wage and Hour Audit Proceedings. If you have any questions regarding the FLSA and whether your business is in compliance with the FLSA, please contact our Business ream of Michael E. Fiffik, Esquire, and Deirdre B. Moser, Esquire at 412.391.1014 for a confidential consultation. Disclaimer: The information contained in this message is provided for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the issues related to a personal injury case. Every individual’s factual situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state.

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