Time-Tracking Options for Freelancers

We’re back with a review of more time-tracking services that are especially useful for Freelance consultants. Accurately documenting the time spent on project assignments is important in many ways, primarily to ensure that billable hours charged to clients are correct.  Plus, most time-tracking services will generate an invoice that you can click and send and some will also allow you to accept online payments with bank-level security.

In addition, time-tracking services generate useful reports that show the number of hours you spend on certain types of assignments, information that is useful when creating proposals for projects that you’d like to take on, since it will be necessary to predict the time you expect to spend on the proposed project, which will impact your pricing and determine whether it will be most advantageous for you and the client to choose an hourly rate or project fee payment arrangement.

Harvest

Track time spent on projects easily and efficiently with Harvest, even when you need to follow several projects that contain different tasks that are priced differently. Furthermore, when coordinating a team project, you’re able to assign and time-track various tasks within a project for specific team members.

Reporting is a strength: raw time sheet data will be presented in a visual summary that depicts how your time or the team’s time has been utilized, with key project metrics collated into intuitive reports. The service also generates professional-looking invoices based on your project fee or hourly rate, as determined by the time you’ve logged.  Click and send invoices to clients and receive online payment, confident that site security is bank-level.

Harvest is free for one person to track maximum two projects/month and $12 for one person to track an unlimited number of projects/month.  Harvest

RescueTime

Freelancers who’d like to document how they’re spending time when working on a project and who are not kept on a short leash by a manager will appreciate RescueTime.  It’s not possible to send reports to your client, but you can nevertheless track your time and obtain an accurate picture of your productivity.  You will also receive detailed reports that show you the apps and websites you visited.

As well, RescueTime will record time spent on email and the amount of time you linger on any website. If you’d like to limit the time spent on non-work related websites, then ask the system to block your browsing on any chosen site after a certain amount of time.  Further, you can set goals to inspire yourself to stay on schedule with your project. The premium service plan also allows tracking of off-line time for activities such as telephone calls and meetings. RescueTime Lite is free and RescueTime Premium costs $9.00/month, or $72.00/year.   RescueTime

Tick

Each time you submit a time entry, Tick updates your project and task budgets in real time and reports back to you.  If you regularly track time against an hourly rate determined budget, or a project fee that involves an important deadline or penalties for late completion, then Tick may be your ideal time-tracking solution. It’s also possible to track time on multiple projects simultaneously.  While the service can be used by a solo Freelancer, it is especially suited for a team.

Tick is free if a single user employs the service for one project per month, $19.00/month for an unlimited number of users who’ll track a maximum of 10 projects/month and up to $149.00 /month for an unlimited number of workers to time track an unlimited number of projects.   Tick

Toggl

If you neglect to click the session start button, the service will allow you to enter your working time after the fact, which is helpful for those who are very busy and prone to forget. The service is structured with a team in mind, but it works well for solo professionals.

The service works on all devices, desktop and mobile. Helpful analytic reports will be generated, so you’ll get the big picture of where your time is spent, depending on your assigned tasks.  There is a free version, plus Starter and Premium.  The $9.00 /month Starter package appears to give the best value to Freelancers.   Toggl

Klok

Most helpfully, the service lets users recall and analyze data from previous projects, information that enables you to develop proposals for future projects that will more accurately reflect the time needed to reach key milestones and achieve deadlines. The historical time-tracking data will also help you to price at a level that is fair to both you and the client.

The basic package includes a visual display of your time as you work, plus screenshots, exporting of time sheets, dashboard reporting and invoicing all for a one-time purchase price of $20.00 for up to three users.  Klok Cloud Sync, Klonk Pro and Klokwork Team Console are also available.   Klok

Happy Thanksgiving and thanks for reading,

Kim

Photograph: Orloj, the famous 15th century astrological clock in Prague, Czech Republic

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Time-Tracking Freelance Work

How many of you use time-tracking so that you can accurately count your billable hours when on assignment? I still count hours the old-fashioned way and I know that I cheat myself out of no less than an hour or so every week. My bad! I’ve occasionally thought about time-tracking assistance, but I never knew where to begin. A new year will soon welcome us and that’s a traditional motivator to set goals and improve work habits.

As I suspected, time-tracking systems have their differences. Some are designed with remote teams in mind; others make a department manager’s life easier. Certain time-tracking systems have been created to address the needs of Freelancers and we’ll sort through a sampling here:

Due Time Tracking

Due Time is free and easy to use—just create a task, start the timer and launch your session. You can click and add notes to detail the project you’re working on. Due Time also includes an automatic idle time detection feature, so you’re able to make allowances for stepping away from your project now and again and still remain accurate in tracking your work hours.

You’ll be pleased to find that Due Time will generate hourly rate or project fee invoices when you enter the rate. Due Time makes it easy to organize client information by name, address, or even payment currency.  Due Time

TopTracker

Along with tracking the number of hours you spend on project tasks, Top Tracker offers screen shots and webcam shots that document your work. Screen shot pages can be deleted or configured to automatically blur before uploading, so that the image is recognizable to you but all text is obscured. The service works with nearly every freelancing platform and will produce a detailed project activity report to document your performance. The service is free.  TopTracker

Sighted Time Tracking and Invoicing

Sighted Time Tracking seamlessly integrates the functions of time-tracking and invoicing, packaged in either the free Basic Service plan or the Premium Plan at $4.00 /month. You can make detailed project notes for every session and also automatically send invoices for hours worked that are customized for billable hours or project fee.

Furthermore, users can send out quotes to prospects when invited to bid on a project and accept credit or debit card payments online and issue a receipt to the client. Plus, you can do it all on your desktop or mobile device.  Sighted

Tick

Each time you submit a time entry, Tick updates your project and task budgets in real time and reports it back to you.  If you regularly track your time against an hourly rate budget of project fee that involves an important deadline or penalties for late completion, then Tick may be your ideal time-tracking solution. It’s even possible to track time on multiple projects simultaneously.  While the service can be used by a solo Freelancer, it is especially suited for a team.

Tick is free if a single user employs the service for one project per month, $19.00/month for an unlimited number of users who’ll track a maximum of 10 projects/month and up to $149.00 /month for an unlimited number of workers to time track an unlimited number of projects.  Tick

Four more time-tracking options will be examined in the next post. Have a good week!

Thanks for reading,

Kim

Photograph: Sundial at the Gate of Honour at Gonville and Caius College in Cambridgeshire, England

Who Gets the 1099?

The year is drawing to a close and we’re crossing into the 11th month. Before you become enmeshed in the celebrations and obligations that the holidays demand of us, do yourself a favor and commence your tax planning. Create an accounts receivable and  invoicing strategy once you’ve decided when it would be most advantageous to receive payment for services rendered in this calendar/ tax year or the next. IRS Form 1099-MISC will be at the center of the action; understanding when you’ll need it and when you might avoid it is your goal.

The payment in question is $600, whether it was paid or received by your organization. Review the accounts receivable history of clients for whom you performed small jobs earlier in the year.  If a client paid you less than $600 in this calendar year, you will not receive or need to file a Form 1099-MISC for the money earned on that assignment.

Start with the easy stuff.  If you find yourself in mid-contract with a client as December approaches and the project isn’t urgent, might it be possible to work until just before Christmas and then resume work in the first week of January, if it appears that will allow you to cap your billable amount at less than $600 for the client in this calendar/ tax year?  That can be one less 1099-MISC to file and a little more money added to your P & L.

If the client has a deadline don’t even think of such a thing but if there is no urgency, why not ask the client if s/he might find it more convenient to take a “holiday break” starting in mid or late December? Many employees take vacation days at the end of the year in a “use it or lose it” strategy and offices can be short-handed just before Christmas and through the end of the year.  I suggest that you refrain from mentioning the tax implications.  Frame your suggestion as a way of being sensitive to what may be going on in the client’s office, i.e., customer service.

Similarly, might you be able to defer until the New Year certain invoices, as a way to keep a lid on this year’s income and taxes and wait until the first week of January to send accounts receivable for work that was performed in December? Let a couple of hours work spill over into January and make your New Year invoice legal.

Now let’s consider the 1099-MISC forms that you will generate and send.  Did you hire any sub-contractors to help you fulfill the terms of a project? Have you hired a part-time bookkeeper or social media expert or editor for your newsletter? If you paid $600 or more to anyone for business services or rents in this calendar/ tax year, then you must send that individual/ company a Form 1099-MISC no later than January 31 of the upcoming year.

So that you will have the information to complete the Form 1099-MISC, it will be necessary to request that all of your vendors and other business services providers complete a Form W-9, ideally before the work they perform commences.  Download Form W-9

Among the important pieces of information that the W-9 will surface is if your service provider’s business is incorporated as a chapter C or S entity, or an LLC or partnership that is taxed as a C or S corporation.  Along with commercial rent paid to or through a property management company (instead of the property owner), a 1099-MISC will not be required for those types of entities when payments for services rendered meet or surpass $600.

Payments for services rendered made by gift card, debit, or credit card are not to be included in the 1099-MISC tally.  Instead, the card issuers will send a Form 1099-K to your subcontractors, vendors, or you when the amount paid for business services rendered meets or surpasses $600.

Obtaining the 1099-MISC is an adventure. You must order forms from the IRS, or visit an IRS service center and pick up a few. The form is not available for downloading.  Click here to order Form 1099-MISC.

Thanks for reading,

Kim

Image: The Tax Collector, 1542   Marinus van Reymerswaele (1490 – 1546)                  Courtesy of Alte Pinakothek Museum in Munich, Germany

Freelance Projects: Cover Legal Bases and Manage Expectations

The number of Freelance professionals working in the U.S. continues to increase. According to a 2017 survey jointly conducted by Upwork, the online marketplace that connects prospective employers with Freelance professionals in search of project work and The Freelancers Union, a not-for-profit organization that provides advocacy and health insurance to Freelance workers, 36% of the U.S. labor force derives at least some portion of annual income from Freelance work assignments.  The survey authors predict that by 2024, the percentage of Freelance workers in the U.S. will grow to include 50% of adults employed full-time.

1099 or W2?

If your organization plans to increase staffing, make it a priority to understand worker classification rules.  The Internal Revenue Service and state Departments of Revenue are watching and you don’t want to run afoul of the law.  There are three factors that help employers determine whether their staffing plan points to hiring a Freelance contract worker who will receive a 1099 form in January, or a part-time or full-time employee who will receive a W2 form in January.  If the answer to one or more of the questions below is yes, your new hire would be classified as a Freelance contractor.

1. Is there an expectation that the worker has the right to simultaneously provide  similar services for other organizations?

  • Does the worker have a business website and/or social media accounts
  • Does the worker have a business bank account
  • Does the worker have his/her own business cards and other marketing materials
  • Did the worker form a legal entity for his/her business (LLC or corporation)
  • Can the worker choose when and where the work is performed

2. Does the worker use his/her own equipment and office supplies when at work?

3. Must the worker invoice your organization to receive payment for services rendered?

Project specs in writing

Whether expressed in a formal contract or in an email, a smart Freelancer will commit to writing all duties that a client requests.  The project deadline, milestones and total fee should also be included.

Copyright exception

According to the U.S. Copyright Office, the general rule is that the person who creates a work is its legal author and owner.  The exception to that rule is “work made for hire,” i.e., a creative project or work assignment that is specially commissioned by the hiring company and produced by a non-employee.  When project work qualifies as a work made for hire the commissioning party, i.e. the company, is considered to be the work’s author and legal owner.

It’s worthwhile to include in any Freelance work contract a clause that describes the work produced for the company by the Freelancer as work made for hire, to make clear the ownership of any text, body of work, or images produced by the Freelancer.

Project payment schedule

The client and the Freelancer will discuss and agree to the project fee and its format, whether flat fee or hourly rate.  Especially in a flat fee agreement, clients are often asked to pay the Freelancer some portion of the fee in advance of beginning the project work.  When that advance is paid, it is expected that the Freelancer will immediately begin the project work.

Interim payments may be tied to the achievement of agreed-upon project milestones, or to an agreed-upon timetable.  Final payment is made at the conclusion of the project, typically within 30 days of completion.

The Freelancer should specify if credit card payments are accepted, or if checks are preferred.  How the check should be made out must be specified and tax ID information must be provided when the amount of the project will reach or exceed $600, per IRS rules.

To sum up, the Freelancer will draw up a contract that will include all important points of the work agreement. Ideally, the contract that will be signed by employer and Freelancer and each will retain a copy (but an email will suffice in most cases). 

  • Duties for which the Freelancer will be responsible
  • Project milestones
  • Project deadline
  • Work made for hire agreement
  • Project fee total amount and the payment schedule

The employer will send to the Freelancer a W9 form, which will provide the information necessary to create the 1099–MISC form that is required when payments to the Freelancer will reach or exceed $600 in a given year.

Thanks for reading,

Kim

Photograph: Perry Mason (CBS-TV Season 1, Episode 9, November 16, 1957) l-r Raymond Burr (Attorney Perry Mason), Pierre Watkin (Judge Keetley), Carol Leigh (Veronica Dale)

Figuring Out How to Take a Vacation

Summer is here at last and for many, thoughts turn to taking time off to relax and have fun.  Vacations make us feel good but they’re slipping from the grasp of an increasing number of workers, most notably the country’s 57.3 million Freelancers (2017 data), who receive no paid vacation benefit.  In fact, we pay twice for our vacations.  The first hit happens because we stand to lose money when we don’t work. The second hit occurs when paying for the vacation itself, if we choose to travel. Vacations are an expensive proposition for us.  Yet, they are an investment in our well-being and they are worthwhile.

Numerous studies show that we become psychologically healthier, we have a more positive outlook on life and we’re more resilient when we regularly take vacations. We’re also more productive, better problem solvers and more inclined to create and achieve business and personal goals.  It’s been amply documented that uber analyst Sigmund Freud was especially fond of vacations and he took great pleasure in personally planning his family’s annual summer get aways.

I’ll take my usual mini-vacation this summer and with some advance planning, I’ll bet you can, too.  No matter when you’re able to get away for a few days, or even if you opt for a “stay-cation” and take local day trips or just unplug from the daily grind, planning will be the key.

Step One of your vacation planning is to consider your business cycle so you can arrange to slip in a vacation during the usual slow periods.  In most industries, the Christmas to New Year’s Day period is very slow and the final week or two in August is almost as dormant.  However, for wedding planners and those who participate in that industry, summer vacations are out of the question because it’s your busiest season.  If you’re an accountant, celebrating Valentine’s Day at Punta Cana is something you’ll never do, because it’s tax season from January – April.  If you are in certain retail businesses, then traveling is out of the question between October 1 and Christmas Eve.

When you see a gap in your schedule of projects, pounce. “Stay-cations” are of course a lot easier to fit in.  You just have to do it.  Maybe you can schedule a spa “stay-cation” that’s spread out over three or four days, when you’ll schedule a massage one day, a mani /pedi the next, a facial the day after and so on?  You might also visit a museum or find a free outdoor music performance nearby.

Step Two entails your vacation budget.  Wherever you’d like to go, you probably already have an idea of the cost.  Research the price of air fare if you must fly and compare traditional B & B, airbnb and small hotel room rates.  Start setting aside funds that will get you to your preferred destination several months in advance.

Step Three will find you plotting out your work load, to ensure that all projects are completed by their deadlines and all milestones reached as promised.  In some instances it will be necessary to inform certain clients (a month in advance) that you’ll be away for a few days but ideally, you’ll schedule the vacation when you know you’ll be between projects.

Create a spreadsheet with all project tasks listed, with milestone and deadline dates noted, so you can plan and pace your work load 4 – 6 weeks in advance of your vacation date.  Do you publish a blog or newsletter that would appear while you’re on vacation? Add your content marketing to the spreadsheet as well, so you’ll have time to write posts and schedule them for automatic publishing on the desired dates.  You may need to work a few nights and weekends to ensure that all work is completed, but you’ll have something to look forward to, right?  While you’re at it, make a post vacation to-do list that will be ready for you when you return, to give yourself a stress-free re-entry.

Finally, take care of your accounts receivable so that cash-flow will not be interrupted, a very important matter when paying for a vacation.  Ready all invoices, attach to the appropriate emails and save as drafts.  On invoicing days, go into your phone and send from anywhere in the world.

So get away from it all and enjoy yourself! Even if your schedule and budget won’t allow you to spend two weeks in Buenos Aires or Marrakesh, taking one or more short vacations throughout the year is also beneficial, according to a 2010 study published in the Journal of Applied Research in Quality of Life.  The study researchers queried 974 Dutch vacationers and found that the excitement and anticipation associated with vacation planning delivers more of the psychological and physical benefits than the vacation itself and those benefits are multiplied when vacations of any length are taken throughout the year.

Thanks for reading,

Kim

Photograph: ©  Rachel Landau

Go with the Flow, a sand sculpture designed and built by Melineige Beauregard of Quebec, Canada for the 14th Annual Revere Beach International Sand Sculpting Festival (2017) in Revere, MA

Freelancing in America 2017 Report

I’m happy to share highlights from the 4th annual Freelancing in America report, produced jointly and published in October 2017 by the Freelancer’s Union and Upwork, the freelance job site.  The online survey queried 6002 U.S. adults who had performed full or part-time Freelance work between August 2016 – July 2017.  Freelancing was defined as temporary, project-based, or contract work performed at a for-profit or not-for-profit organization or government agency.  There are gradations of Freelancing, described as follows:

Independent Contractors          35%  exclusively Freelancing, f/t or p/t

Freelance Business Owners      7%    exclusive Freelancers who’ve hired employees

Diversified Workers                   28%   working a mix of p/t traditional jobs + Freelancing

Moonlighters                               25%   f/t or p/t traditional employees who take side projects

Temporary Workers                   7%

See the full report here  Freelancing in America 

There are now 57.3 million Freelance workers in the U.S., representing 36% of the nation’s workforce and a 30% increase over 2016, and we contributed about $1.4 trillion to the U.S. economy in 2017.  Since 2014, the Freelance workforce has grown three times faster than the traditional workforce. At that rate of growth, most U.S. workers will be Freelancers by 2027.  The Millennial generation is leading the way, with an astonishing 47% participation rate in the Freelance workforce.

Demographically, slightly more men (54%) than women (46%) are Freelancers.  There is great diversity in educational background, with 32% having earned a high school diploma or less; 24% have earned a bachelor’s degree; and 19% have an advanced degree (those statistics are nearly identical to members of traditional employees).  Most live in the South (40%) and in the suburbs (47%); 65% are white, 11% are black, 5% are Asian and those statistics also closely mirror the traditional workforce.

The majority of Freelancers report that they chose self-employment (63%) and 79% assert that Freelancing is preferable to traditional employment; 50% say they would not accept an offer of full-time traditional employment, at any salary.  Freelancers feel respected, empowered and engaged in their work, excited to start each day.

On average, the full-time Freelancer bills 36 work hours a week.  Freelancers seek to diversify the clients with whom they work and the services they provide; 63% feel that this strategy holds more advantages than working with one (presumably steady provider of adequate billable hours) client only.  In 2017, the average full-time Freelancer worked with 4.5 clients per month and repeat clients comprise 52% of their work. Economically, some Freelancers did rather well in 2017: 36% earned more than $75,000, with 19% who earned $75,000 – $99,999; 12% earned $100,000 – $149, 999; and 5% earned more than $150,000.

Presumably to enhance their value to prospective employers, Freelancers are noticeably more likely than their traditionally employed counterparts to upgrade their skills in response to an evolving job market, 65% to 45%.  Virtual-reality related skills, natural language processing and econometrics are among the fastest-growing skill sets for Freelancers.  More than 50% of Freelancers are concerned about the potential impact of Artificial Intelligence and automation on their future income, as compared to 19% of full-time traditional employees.

Cash-flow and getting paid weighs heavily on the minds of Freelancers.  Among those who participate full-time, being paid at what is perceived as fair value (52%), income unpredictability (46%) and debt (46%) are concerns. Among part-time Freelancers, difficulty in finding work (47%) and debt (56%) are primary concerns.  Sadly, 20% of full-time Freelancers lack health insurance; affordability is an issue for those with or without health coverage.

No doubt about it, there is greater economic instability in the life of a Freelancer as compared to the traditionally employed, the result of gaps in billable hours and checks that do not arrive within 30 (or even 45) days. 63% of full-time Freelancers report that they must tap into their savings one or more times a month, while only 20% of the traditional full-time employees feel the need to do so.  56% of Freelancers have less than $5000 in savings, compared to 49% of traditional employees who have such small savings. Perhaps in response to this harsh reality, 46% of full-time participants raised their hourly rates/project fees in 2017 and 54% plan to raise their rates in 2018.

Freelancing continues to have a significant impact on working and living in the U.S. and the expansion is expected to continue.  Those who Freelance full or part-time report that they’re quite satisfied with the arrangement and a chosen few are doing well financially, at least at this time.

But the spectre of debt and an inability to amass savings loom large.  The Freelancer Survey reported that in 2017, 20% of Freelancers lacked health insurance and as reported in Forbes Magazine in November 2017, 40% lack retirement savings.  Yet, traditional employment continues to hemorrhage advantages.  That promotion may come with a fancy title, but no raise to acknowledge the additional responsibilities.  The health insurance plan costs more and covers less.  Rumors of approaching lay-offs keep people awake at night.  Getting, or holding on to, your piece of the American Dream has become more difficult.

How can you cope? Remember that the best defense is a good offense.  Identify skills that can be expected to bring value-added to you and do what you can to obtain, package, promote and leverage them, whether as a traditional employee or a Freelancer.

Thanks for reading,

Kim

Photograph: Lewis Hine (1908) courtesy of the National Archives                                     Girls at weaving machines in Evansville, IN

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Freelancers Hiring Freelancers

Are you preparing to submit a proposal for a big assignment you hope to win and know that the project specifications will cause you to subcontract some of the work? Congratulations! You will have the pleasure of hiring one or more of your Freelancer peers. Together, you will become a team whose mission will be to produce the client’s deliverables by achieving outcomes of the highest quality, on or in advance of the project deadline and on budget.

You, the external team leader, must understand the skills that the project requires, know how much it will cost to secure the services of your Freelancer team and write a winning proposal.  Project management is an everyday reality for Freelance consultants and the bigger the project, the more planning is involved. Your reputation is forever on the line and when subcontracted work is involved, you must be diligent in your search to identify the best talent to bring on board.  Read on and get some helpful advice on how to assemble a winning team that will enhance your brand and your billable hours, current and future.

Get budget estimate

Get a reliable project budget estimate from your client, if possible.  If the client prefers playing possum with that amount, then make sure you are able to accurately estimate both the quantity and quality of work the project requires so that you can first, calculate your own labor cost and target profit margin and next, understand what you must budget to pay your subcontractors.

Hire specialists

Directly ask candidates you interview and confirm that the skill you need is a competency in which that candidate excels and that s/he has performed often enough to claim deep experience.  You are in no position to train someone on the job.  You must guarantee superior results.

Pay well

Why not ask candidates what they want to make as a subcontractor on the project? Start by researching the going rate range for that specialty, so that you’ll know what to expect to pay and you can rule out those who attempt to take advantage of you.  People will do their best work when they feel valued. They’ll be happy to give extra to make you look good and make themselves shine along with you.  They’ll go above and beyond because they’ll want to be hired to work with you again since you value their capabilities.

If you encounter someone who seems a perfect fit for the project but his/her subcontracting fee is somewhat beyond what you planned to offer, then ask what perks might make that person happy, in addition to money.  You may be able to get who you want for a little less money if you give a little more in another area that demonstrates how you value the skill set.

Set clear expectations

If the project is on a tight time frame and in order to meet the deadline long hours and a seven-days-a-week schedule will be needed then you, the external team leader, must present this schedule information to your candidates in the interview.  You need team members who are able to block out the necessary time and are willing to work hard.  If time is an issue, expect to pay a premium to your subcontractors and add a premium to your own fee as well. Develop a contract for your subcontractors, so that all responsibilities, relevant milestones, the project deadline and the rate of pay are in writing.

Communicate often

Request weekly or bi-weekly written progress reports from your subcontractors and send similar updates to your client.  Announce to the client and your subcontractors whenever a project milestone has been met.  Interim victories will give you an opportunity to thank and congratulate your subcontractors and inspire them as you do.  Learning that you and your team have reached a milestone gives your client confidence in you.

View work samples

In the subcontractor interviews, be sure that work samples provided correspond with the project specs, to confirm that you are evaluating what is relevant.

Check references

Ask to speak with two of your candidate’s clients.  Confirm the type of work that the candidate has done for each reference.  Inquire about the quality of that work and the candidate’s willingness to do what was needed to get the job done.  Ask what it’s like to work with the candidate—is s/he positive and upbeat, or a constant complainer? Finally, ask if there’s anything else you should know about the experience of working with the candidate.

Paperwork

Once you understand the project specs, the role that your subcontractors will play and what you will pay for their services, you can then write a draft contract.  Also, download from the IRS website tax form W-9 for your subcontractors to complete and return to you. You’ll retain the W-9 and use it to prepare and mail to subcontractors IRS form 1099 before January 31 of the following year if payments to any subcontractor reach $600.

Finally, set up an accounting method that will allow you to easily and accurately calculate hours worked and dollars earned for each subcontractor.  If you’ve seldom worked with subcontractors, then speak with a bookkeeper or accountant for more information.

Thanks for reading,

Kim

Photograph: Seven Samurai (Japan, 1954) Directed by Akira Kurosawa and starring Toshiro Mifune (foreground)

 

Success Story: An Artist’s Collective Turns the Corner

The CLIENT

The arts economy in New England in general and Greater Boston in particular, is significant.  ArtsBoston, a 175-member not-for-profit arts service organization that researches  important statistics regarding the local arts community, found that more than 18 million visits are made to arts and cultural events every year, ticketed and free events, including dance, musical and theater performances; visits to museums and art galleries; and attendance at ethnic cultural festivals.

It has been my pleasure to work with two of the three most respected collectives of visual artists in Boston including the largest, whose membership exceeds 200.  Eighteen months ago,  the larger organization referred to me the smaller, 80-member, loosely  affiliated sister organization. The two have overlapping memberships, where nearly the entire membership of the smaller are also members of the larger group.  The membership of both collectives consists primarily of painters, sculptors and photographers, with a smattering of ceramacists and artisans such as bookbinders and calligraphers. Management for each group is separate and independent.

All artists in the collectives maintain studios in an art and design district consisting of several 19th century former warehouse buildings and the artists of the smaller collective are all located in one of those buildings.

Both collectives offer nearly identical special events programming as a method to reach out to potential art collectors.  Each holds an annual open studios art walk event, where member artists open their studios and invite the public in at no charge to see, discuss and when visitors choose, purchase artwork.  Since 1986, the larger group has held its signature open studios event in September and the smaller group holds its annual event in May.  Additionally, since about 1998, the smaller group has held the monthly open studios event branded as First Friday.

The CHALLENGE

The smaller arts collective was facing increasingly diminished audiences for First Fridays, which are held on the first Friday of every month from 5:00 – 9:00 PM January through December.  Attendance at its May open studios event was likewise softening. Artist membership in the group had stagnated.

Competition between the local artist collectives has in recent years become intense, the result of a proliferation of open studios events that has diluted the target audience of middle class to affluent collectors who reside in the tonier city and suburban enclaves.  Boston has 22 neighborhoods and 12 annual open studios events, with dates coordinated by the city and held from April to November each year.  Additionally, nearly every city or town contiguous to Boston, plus numerous outlying suburbs, have over the years launched open studios art walks.  In July and August the action moves to the historic summer artist colonies in MA, including Cape Ann, Provincetown and towns in the Berkshire mountains that beckon to vacationers from around the country.

The DECISION

The collective is managed by two member volunteers.  They reached out to their counterparts in the larger organization and asked how that group managed to maintain attendance for its annual open studios event, which has reversed previously declining numbers.

Within two weeks I met with the leaders of the smaller collective and after listening to their story,  recommended that an energized marketing plan would most likely provide the remedy.  Over the past three or four years,  a shortage of time and a dose of complacency had caused the managers to slack off on marketing their events to the target audience.  Recently, First Fridays had been listed in only one print and three online events listing services.

Member art sales were shrinking because fewer collectors or potential collectors visited studios.  Membership in the collective was dropping slowly, as artists re-examined the value of the collective at renewal time.  Operating income was negatively impacted. Artist participation in First Fridays waned, which could only cause the target audience attendance to wane.  It was an impending death spiral.

The SOLUTION

A comprehensive and consistently implemented marketing campaign was launched in an increased number of targeted print and online media outlets, which was the core of a strategy to greatly improve outreach to collectors and potential collectors.  More visits to studios would enhance the possibility of art sales and promote the conversion of aspiring collectors to collector status.  Over the subsequent months, additional media outlets were identified and included in the campaign.  Presently, 14 online media outlets and five print outlets now carry the First Friday listings each month and the listing for the annual open studios event in May.

A paid display ad (one-quarter page) will now appear annually in a free print publication that has high readership among tourists to Boston, since outreach to that group has become a priority.  To estimate the potential impact of tourist dollars on contemporary art sales in Boston, in 2016 the Institute of Contemporary Art/ Boston, which features 21st century art only, received 210,000 visitors, according to the Boston Business Journal (and the Museum of fine Arts, the New England Aquarium and the Museum of Science each received in excess of 1.1 million visitors).

Content marketing is also part of the campaign launch, designed to reach the collective’s members and non-members through the collective’s newsletter.  Membership retention and recruitment are in many ways the heart of the marketing campaign for without active and engaged members who believe in the mission and are happy to carry it out, the collective will cease to exist.

The monthly newsletter now includes a member artist spotlight that features an image of the artist’s work plus a brief artist bio.  The artists volunteer to participate and the response has been enthusiastic.  As a way to persuade the 10 -15 non-members in the building of the collectives’ benefits, an annual newsletter customized to provide an update of the work that the collective’s members find especially useful and making an appeal to join is now being sent.

The RESULT

The number of visitors to First Fridays has gradually climbed to about 500 on average each month.  As documented by the managers, historic lows occur in January and February, when attendance can dip as the temperature drops, the snow piles up and only 200 or so art aficionados will attend First Friday.  Months with the highest visitors are April through June and September through December, when up to 700 visitors may appear.

Membership in the collective has risen over the past 12 months from just over 70 to 80 members.  There remains 10 -15 artists in the building who are non-members.  The group hopes that one or two non-members will sign up each year.

I hope you enjoyed the case study.  Thanks for reading.

Kim

 

 

LLC vs. S Corp: Which One for Your Company?

At any point in the life of your business venture, you may choose to create for it a separate legal entity.  Creating a separate entity is essential for those businesses where the potential for liabilities associated with normal operations is an issue.  There are also potential tax advantages that derive from the establishment of a separate business entity.

There are two categories of business legal entities: corporations, Chapter S and C, and Limited Liability Company (LLC). Corporations are tax structures and are regulated by the federal government through the IRS.  LLCs are created and governed by the states.

Founded in the state of Wyoming in 1977 and now available in all 50 states plus Washington, D.C., the LLC is a comparatively more lenient structure than either the S or C Corporation and for this reason, it is the preferred entity for the majority of small businesses and Solopreneurs.  Unlike the S Corp, LLC members, as they are called, are unrestricted in number and are not required to be U.S. citizens nor must they reside here, with the exception of the Registered Agent, who receives official correspondence such as tax and legal documents on behalf of the entity and must reside in the state where the LLC was formed and operates.

Multi-owned LLCs are advised to develop an operating agreement (not required in all states) that along with the percentages of member ownership also specifies member titles and responsibilities, such as Managing Partner and Registered Agent.

In the LLC, whether single or multi-owned, all business income and expenses “pass through,” meaning they are reported on the members’ tax forms.  There is no double taxation of business and personal income for single-owner LLCs, but multi-owner LLCs must file U.S. Form 1065 Return of Partnership Income to report profits and losses.  All LLC owners must pay the self-employment tax, due quarterly (multi-owners pay on their share of entity ownership).

Real estate investors will find that the LLC is the only available legal entity option that allows passive income (rents) to exceed 25% of gross annual revenues.  A big added bonus of real estate LLCs is the ability to create a separate LLC for each property owned, thereby shielding the owner(s) and other properties held from cross-liabilities.

A drawback for owners who plan to attract investment partners (as opposed to those partners who operate the business) is the lack of stock, preferred or otherwise, and this represents a deal-breaker for venture capitalists, who do not invest in businesses structured as LLCs.  Even smaller investors prefer stock certificates to LLC member shares.  A positive for this structure is that it’s much less expensive to set up than are corporations, costing just a few hundred dollars for the filing (plus the initial set-up fee charged by your accountant or attorney).

If you are considering establishing a legal structure for your business, consider your plans for business growth and also your exit strategy as you do.  Growth may cause you to seek money partners, which could point you in the direction of the S Corp.  If you see venture capital or an IPO in your future, then only a C Corp will do.  If you might want to sell your company to employees as your exit strategy, or if attracting key C Suite level talent to your team would also point you toward the corporate structure, so that stock can be offered as an incentive.  If some of your business partners live outside of the U.S., or if acquiring real estate holdings is your business model, then only the LLC will be allowed.

It is strongly recommended that you consult with a business attorney or accountant before you file legal entity paperwork at the Secretary of State’s office.

Thanks for reading,

Kim

Business Structure Face Off: S Corp vs. LLC

Whether you are preparing to launching a new venture or you’ve been operating as a Sole Proprietor (Sole Trader in the U.K.) for a few years, you may decide to establish a business legal entity for the enterprise. The benefits of creating a business legal entity, whether you operate as a Solopreneur or participate in a partnership that consists of independent professionals who occasionally collaborate (like dentists or physicians) or co-owners who run a business together, are:

1.) protection of business assets from (certain) financial liabilities

2.) reduced tax liability

Entrepreneurs and Solopreneurs who have no worries about legal actions that might arise from bankruptcy or other business debts (or client litigation) may comfortably operate as Sole Proprietors.  Business owners of any kind, plus the self-employed, may at some point decide to organize their venture as a corporation (either the original C Corporation or subchapter S Corporation) or a Limited Liability Company (LLC).

FYI in the U.S., corporations are tax structures that are overseen by the IRS (a federal entity) and LLCs are created and governed at the state level.  Application to form either entity is made at your state’s Secretary of State office or in Washington, D.C. at the D.C. Corporations Division.  In the U.K., business legal structures are obtained through and governed by your regional Companies House.

Regarding protection from financial liabilities derived from a business legal entity, actions that can be construed as negligence are considered to “pierce the corporate veil” and neither a C or S Corporation, nor an LLC, will shield negligent business owners.  But if the business goes into bankruptcy or serious debt, only business assets can be applied to cover those debts and if that amount is insufficient, the owner(s) will not be forced to use personal assets to pay what is owed.  Furthermore, the entity will not be liable for debts that exceed the value of the owner’s investment in that entity.  In other words, if an owner’s investment was $20K, that’s all the owner will be liable for, even if $30K is owed.

Now for a look at potential tax savings.  Unlike the older U.S. corporate structure, the C Corporation, there is no simultaneous tax of business and personal income in the S Corporation (i.e., no double taxation) and all the usual business deductions that you’ll find on IRS Schedule C  may be taken.  The S Corp allows owner(s) to pay themselves and all employees with W2 salaries, meaning that owners avoid the self-employment tax if it’s decided that you work for the corporation (instead of yourself).

A portion of what can be reasonably considered excess net profits can be paid to the owner(s) as a dividend distribution, in addition to the W2 salary, and the distribution is taxed at a much lower rate (from zero- 15%, depending on circumstances) than the W2 earnings.  This is one way that the rich get richer, Baby!

The owner’s salary must be considered reasonable for the industry, because the IRS will be looking.  Contact a savvy tax accountant so you’ll refrain from paying yourself $20K annually when $80K would be closer to the minimum for your industry and business Income Statement.  Shenanigans like that can cause the business to lose the S Corp status and land you in double-taxation-ville.

If business income is not so flush, your accountant may recommend that like a Sole Proprietor, S Corp owner(s) should choose the “pass through” tax format, where all income and expenses appear on the personal tax form(s) of the owner(s).  Be advised that partnership S Corps are taxed like a partnership and S Corps that elect the pass-through tax option will pay the quarterly self-employment tax on reported income.  Corporate taxes are filed no later than March 15, earlier than the rest of us.

In both the C and S Corp structure, the owner(s) is a stockholder, and multiple owners are assigned shares of company stock and receive a portion of business profits and losses according to their percentage of ownership. The S Corp allows only one class of stock.

On the downside, the rules for maintaining a corporate entity of either form are somewhat strict. S Corp owners must be citizens or residents of the U.S. and their number is capped at 100.  Every corporation is required to have a board of directors or officers (the owner and a Recording Secretary to take the annual meeting minutes, at least) and even solo corporation owners must hold an annual stockholder’s meeting.  Financial documents must be in good order. Minutes must be taken and kept on file.

Because there is only one class of stock allowed, those who plan to seek venture capital or take their company public must form a C  Corporation, so that the preferred stock that investors demand will be available.  Finally, the legal and accounting fees, as well as special state taxes where they apply, make the choice of either a C or S Corporation a four-figure annual commitment, so consider your choice of this option prudently.

Next week, we can resume the discussion with a look at the Limited Liability Company structure.

Thanks for reading,

Kim