WHAT DO STARTUPS NEED TO KNOW ABOUT TAXES? Glenn McCrae Chief Strategy Officer, CPA Early Growth Financial Services Michael Shaff Counsel Stubbs Alderton & Markiles, LLP
Jan 12, 2015
WHAT DO STARTUPS NEED TO KNOW ABOUT TAXES?
Glenn McCraeChief Strategy Officer, CPAEarly Growth Financial Services
Michael ShaffCounselStubbs Alderton & Markiles, LLP
About Early Growth Financial Services
• Outsourced financial services firm providing small to mid-sized companies with an integrated financial solution
• Four platforms of services and support: transactional accounting, CFO services, tax, valuation.
• Services include: AP/AR, financial forecasts, cash management, financial statements, monthly close, 409A valuations, taxes
• 300+ successfully funded clients nationwide• #5 Silicon Valley Business Journal Fastest Growing Private
Company Award 20132
About Stubbs Alderton & Markiles, LLP
• Business law firm with robust corporate, public securities, M&A, and intellectual property practice group
• Our mission is to provide technically excellent legal services in a consistent, highly-responsive and service-oriented manner with an entrepreneurial and practical business perspective
• Focused on representation of venture backed emerging growth companies, middle market public companies, large tech companies, entertainment and digital media companies, investors, venture capital funds, investment bankers and underwriters
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Presentation Overview
What does “tax” mean to a startup?
If I have a startup, what do I need to worry about, in
terms of taxes?
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5 Areas of Tax Concerns
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Income Taxes – Implication of Entity
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• Choice of entity?– Pass-through– C-Corporation– S-Corporation– Partnership
• Are you affiliated with a foreign entity?
Income Taxes
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• Did you file for every year that you were incorporated?
• Have you taken advantage of available credits? – R&D tax credit– Enterprise zone credit
• Filing deadlines? • Estimated tax payments?• Quarterly filing?
Compliance/Registration Issues
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• Delaware filing through February 28th
• Local municipality - municipality or HQ location determines municipality
• 1099/independent contractors vs employee determination
• Foreign contractors
Payroll
• Are you using a payroll provider or DIY?
• Filing requirements are critical• Deferring payment of
employment taxes • When taxpayer fails to file a
return – 6020(b)
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Compensation Issues
• Options– Incentive stock options– Non-qualified options
• Profit interests• Restricted stock• Vesting• Section 409A
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Sales Tax
• Very, very complicated• Each region has its own
issues• Tax breaks• Form filing• What qualifies as a taxable
item?• Sales tax compliance tools• What happens to sales taxes
if business is terminated?
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Common Startup Tax Mistakes - Review
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• Choosing the wrong legal entity• Failure to understand tax
obligations• Not separating business and
personal finances• Not deducting business expenses• Using the wrong tools/systems (or
not using any)• Not paying quarterly taxes• Doing your own taxes, without
professional tax help
What to Look for in Your Tax Partners
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• Representation from legal and accounting side
• Experience with early-stage companies
• Comprehensive tax offerings• Knowledge of tax services• Audit support services
Q&A and Thank You!
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Glenn McCrae
415.320.5753
http://earlygrowthfinancialservices.com/
@EarlyGrowthFS
Michael Shaff
818.444.4522
http://stubbsalderton.com/
@StubbsAlderton