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Legal
Legal considerations for business finance and accounting compliance
Collection Due Process Hearings: How a 30-Day Letter Stands Between Your Small Business and an IRS Bank Levy
A timely Form 12153 filed within 30 days of IRS Letter 3172 or LT11/L-1058 triggers a Collection Due Process hearing under IRC Sections 6320 and 6330 — suspending levy action, preserving Tax Court appeal rights, and giving small business owners a statutory chance to negotiate installment agreements, lien withdrawal, innocent spouse relief, or offers in compromise before the IRS drains the operating account.
Why Most NIL Collectives Aren't Real Charities (and Your Donation Isn't Deductible)
The IRS memorandum AM 2023-004 concluded that NIL collectives paying 80-100% of donations to athletes confer substantial private benefit and fail the operational test for 501(c)(3) status, so contributions to them are generally not tax-deductible.
Section 530 Safe Harbor: How to Avoid IRS Back Payroll Taxes on 1099 Workers
Section 530 of the Revenue Act of 1978 bars the IRS from collecting back employment taxes on misclassified contractors if a business met three tests—reporting consistency, substantive consistency, and a reasonable basis for treating the workers as 1099 contractors.
Section 7874 Anti-Inversion Rules: Why a Foreign Parent Does Not Always Mean a Foreign Tax Bill
Section 7874 treats a foreign parent as a U.S. corporation when former U.S. owners hold 80% or more, and penalizes inversion gain for 10 years at 60-80%. The substantial business activities safe harbor requires 25% of employees, assets, and income in the foreign country.
California AB5 and the ABC Test: Classifying Workers, Using the B2B Exemption, and Surviving an EDD Audit
A working guide to California AB5, the three-prong ABC test, the Borello and business-to-business exemptions, and EDD audit exposure that can reach $25,000 per willful misclassification — plus a practical compliance workflow for small businesses.
Circular 230 for Tax Professionals: Conflicts, Section 10.34 Standards, and Avoiding OPR Suspension
A practitioner's walkthrough of Circular 230—Sections 10.22, 10.29, 10.34, 10.36, 10.37, and 10.51—covering conflicts of interest, return-position standards, written-advice hygiene, and how OPR investigations actually proceed.
Section 409A: Structuring Bonuses, Severance, and Phantom Equity to Avoid the 20% Penalty
Section 409A taxes noncompliant deferred compensation in the year of vesting and adds a flat 20% federal penalty plus interest. This guide explains the short-term deferral and separation pay exceptions, the six recognized payout triggers, the six-month delay for specified employees, and how to structure bonuses, severance, RSUs, phantom stock, and discounted stock options so founders avoid the penalty.
How to Use the Tax Court Small Case Procedure (Section 7463) to Dispute IRS Bills Under $50,000
Section 7463 lets a taxpayer challenge an IRS deficiency of $50,000 or less in U.S. Tax Court without a lawyer for a $60 filing fee, using a simplified Form 2 petition and informal trial — in exchange for giving up the right to appeal and the ability to set precedent.
Form 911: Escalating Stalled Refunds, Wrongful Levies, and Identity Theft to the Taxpayer Advocate Service
Form 911 opens the door to the Taxpayer Advocate Service, an independent IRS office that intervenes in stalled refunds, wrongful levies, and identity-theft cases under IRC Section 7811. This guide explains the four hardship categories, how to file, and what to write so a case gets expedited rather than queued.
IOLTA and Client Trust Accounting: Three-Way Reconciliation, Earned vs. Unearned Fees, and the Mistakes That End Careers
How law firms run IOLTA accounts under ABA Model Rule 1.15 — separating earned from unearned fees, matching the bank statement to the master ledger and per-client sub-ledgers in a three-way reconciliation, and avoiding the four commingling mistakes (firm money in trust, firm expenses from trust, earned fees left in trust, one client's funds covering another's disbursement) that drive most bar discipline cases.
The Three-Way Reconciliation: How Law Firms Keep Client Trust Money Separate and Stay Off the Disciplinary Docket
A three-way reconciliation ties the bank statement, the trust ledger, and the sum of every client sub-ledger into one agreeing number. This guide explains how it works, how to keep earned and unearned fees separate, and which bookkeeping mistakes quietly build into a bar disciplinary complaint.
DOL Independent Contractor Final Rule: The Six-Factor Economic Realities Test and What Small Businesses Must Document in 2026
The 2024 DOL Independent Contractor Final Rule and its six-factor economic realities test still govern FLSA worker classification in private lawsuits despite the May 2025 enforcement pause. Small businesses that misclassify employees face back wages of two to three years, liquidated damages, civil penalties above $2,300 per violation, and IRS payroll tax exposure—risks that clean bookkeeping and contemporaneous documentation are built to defend against.