#legal
Legal considerations for business finance and accounting compliance
A small business field guide to staying TCPA-compliant in 2026 — A2P 10DLC brand and campaign registration, FCC consent rules after the one-to-one rule was vacated, STOP and HELP keyword automation, SHAFT content limits, carrier per-message fees, and the state mini-TCPA patchwork including Florida's FTSA, Texas SB 140, and Oklahoma's OTSA.
Twenty US states have comprehensive consumer privacy laws in effect by 2026, twelve require Global Privacy Control recognition, and cure periods are sunsetting in Connecticut, Delaware, Kentucky, Minnesota, and Montana. Here is the minimum viable compliance program for SaaS, e-commerce, and professional service operators.
A working guide to bookkeeping for solo process servers and multi-server firms — entity selection, ASC 606 revenue recognition triggered by the sworn affidavit, FDCPA/DPPA/GLBA exposure, mileage method choice and Section 179, worker classification under the ABC test, trust accounting for pass-through funds, and the operating KPIs that separate a healthy practice from a treadmill.
Since the Tax Court's 2023 Soroban decision, a state-law limited partner label no longer shields distributive share from 15.3% self-employment tax. This guide walks through the functional test under Section 1402(a)(13), the Renkemeyer line of cases, the 2024 proposed regulations, and the planning moves that still hold up for fund managers, LLC members, and operating partners in 2026.
59% of small businesses with debt sign a personal guarantee, and it overrides your LLC's limited liability. This guide explains unlimited vs. limited guarantees, bad-boy carve-outs, burn-off provisions, SBA's 20% rule, and how to negotiate or get released.
Section 1235 lets individual inventors and qualifying early investors treat a patent sale as long-term capital gain — even without a one-year holding period — if they transfer all substantial rights. This guide explains who qualifies as a holder, why the rule survived the TCJA carve-out for self-created intangibles, and how to draft the transfer so the IRS sees a sale rather than a royalty license.
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.
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 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 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.
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.
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.
