Friday, February 26, 2010

SB California Survey/Withholding

Last call for Small Business California survey. We will be closing Monday. To date we have over 2600 responses. Please see below links for survey in English and Spanish. Thank you to all that have completed the survey and if you haven’t please do so.

You may be interested to know that people in New York and Rhode Island are working with us to develop a similar survey. Also on Monday I hand delivered in Washington preliminary results of our survey to Senator Boxers office, Senator Snowes office, Speaker Pelosi’s office and Congresswoman Speiers office. I also gave the survey to SBA Administrator Karen Mills and a staff person from the Senate Small Business Committee.

When the survey is complete it will be sent to every State Senator, Assemblyperson and the Governor. We will also be sending to Senator Feinstein and every California member of the House of Representatives

2010 Small Business California Survey in English:

http://www.zoomerang.com/Survey/?p=WEB22A6JHNSTRD



2010 Small Business California Survey in Spanish:

http://www.zoomerang.com/Survey/?p=WEB22A9FR7KRDV


Thank you to all of you that sent letters opposing the 3% withholding for sole proprietors and Partnerships. Due to a tremendous response from the business community this has been put on a back burner. There , however, are no guarantees it won’t raise its ugly head in the coming months as the budget gets put together.

Small Business California is closely watching this and will let you know if it comes back into play.


Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

Internet Sales Tax

The Northern California Retail Booksellers Association is an affiliate member of Small Business California. I received a call from Assemblywoman Nancy Skinners office asking us to support legislation supporting brick and mortar stores to level the playing field on the sales tax. I asked Hut Landon the ED of the Booksellers Associationto give me his organizations position. Please note there are many small businesss impacted by this and not just booksellers.

The argument against this is that Amazon and Overstock will eliminate their affiliates in California.. Please note this provision has been passed in I believe 5 states and Amazon has eliminated affiliates in most states however they were very small states except New York. New York, I think has more sales than all the other states combined.

I will get back to Assemblywoman Skinners office with your comments.

The issue is should sales tax be charged on internet sales?

Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-288



There are several reasons to support legislative efforts to compel Amazon.com, Overstock.com and other large out-of-state retailers to collect sales tax on sales made to California customers.

1. Let's start with the law. Consumers are legally obligated to pay sales tax on taxable items they purchase, whether from an independent business, a chain store, or Amazon. If you don't pay it at the time of purchase, you're still obligated to do so. It's called use tax. Look at your state tax form -- there's a place to record the amount you owe. No one does it, of course, but the tax is still owed. So this is not a new tax; we're only talking about how it's collected.

2. The law, part two. The California state tax code states that retailers with "nexus" in the state must collect sales tax. Nexus is most commonly defined as physical presence, so if you buy a pair of shoes on Macys.com, sales tax will be collected because Macy's has a physical presence in the state.

But the tax code also says that out-of-state sellers without a physical presence in the state have nexus if they have affiliates, or sales agents, operating on their behalf. In Amazon's case, they have literally thousands of affiliates driving traffic to its site in exchange for a commission on any sales that occur. For many such sales agents, Amazon provides weekly specials that can be emailed out as a further inducement to shop.

3. The consequences. Let's take any retail business and tell them that they now have a major competitor with deep pockets and an aggressive discount pricing model. That competitor also enjoys a nearly 10% price advantage because it does not collect sales tax. Unfortunately, this is not a hypothetical example. Amazon and Overstock alone are selling electronics, appliances, clothing, shoes, furniture, sporting goods, hardware, groceries, toys, auto parts, garden supplies, books, music, etc. If you or any business you know is selling anything on this list, they are up against competitors who have a huge competitive edge right out of the gate.

Now, if you don't care about small business and what they add to a neighborhood or a community, or the jobs they provide and create, you can stop reading. But small business are closing right and left because they can't compete with these out-of-state behemoths, especially in tough economic times. And the ones that are still around are having to cut back on the number of employees and benefits they provide, which only adds to the state's economic woes.

4. Fairness. These small merchants aren't asking for a handout or for special treatment, and many of them have successfully competed against chain stores for years. But it's tough to compete when they're at a 10% disadvantage for every single sale. Hardly a level playing field.

5. Why you should care. In addition to collecting sales tax for the state, these local businesses support local causes and charities, and are integral to vibrant, diverse shopping neighborhoods. And if that doesn't move you, consider this: the state Board of Equalization has stated that sales tax revenue lost to out-of-state e-tailers amounts to over $150 million annually. That's money that could be used to help schools, hire more police, retain essential health services, keep state parks open...you get the idea.

Hut Landon
Northern California Independent Booksellers Association (NCIBA)
Presidio National Park
1007 General Kennedy Avenue
PO Box 29169
San Francisco, CA 94129

415-561-7686, 415-561-7685 (fax)
www.nciba.com

Tuesday, February 23, 2010

2010 Small Business California Survey in Spanish

Here is the link to the Small Business California Survey in Spanish. Please forward it on to any of your colleagues and associates.

We have over 2500 responses to the survey as of last night and it would be helpful to get some input from the Hispanic small business owners in the state.

http://www.zoomerang.com/Survey/?p=WEB22A9FR7KRDV


Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
Phone: (415) 680-2188

Friday, February 19, 2010

SBA Loan Funds/ Washington Meetings

It looks like the stimulus money for 7a and 504 will run out Monday. The SBA will go back to the queue system. Expect a big drop off in loans starting next week.

I will be going to Washington on Sunday and meeting on Monday with Speaker Pelosi’s staff, Congresswoman Speier’s staff, Senator Boxers staff and Senator Snowes staff on this issue.

On Wednesday Assemblyman Mark Leno agreed to carry Small Business California’s bill to have sales tax charged to manufactures of asphalt and concrete who compete with contractors on road work. This means they have a 6% plus bid preference when they bid on this work. Small contractors have been fighting this for about 20 years and went nowhere without Small Business California’s help. Thanks to all of you that sent letters to Senator Leno’s office in August.

Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

Wednesday, February 17, 2010

Gavin Newsome/Survey in Sapnish

Mayor Gavin Newsom is considering a run for Lt Governor. He has until March 12 to file the papers but he has until 5PM today submit a ballot statement for the voter guide. I am curious how small business around the state feels about Mayor Newsom. Would you support him?

I am particularly interested in how SF small businesses feel about this. If he should run and win he would have to resign as Mayor and the Board of Supervisors would select the new Mayor.

Many people don’t realize that the Board can select anyone they want with 6 votes. It does not have to be a current member of the Board raising possibilities of Aaron Peskin past President of the Board of Supervisors being selected as Mayor.

We are going to be keeping our survey open one more week. To date we have 2365 respondents.

We expect today or tomorrow to have the survey in Spanish. If any of you can distribute the survey to Spanish speaking small business people let me know. Currently we have only 5% of the respondents identifying themselves as Hispanic and we would really like to see that number increase.

If you haven’t completed the survey please do so and for all of you please forward to others. I don’t know if it is doable but it would be great to have over 3000 respondents. Last year we had about 630.

http://www.zoomerang.com/Survey/?p=WEB22A6JHNSTRD



Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

Friday, February 12, 2010

Breaking News SBA Funding Stripped from Baucus/Grassley Jobs Bill

In a real shock yesterday Senator Harry Reid stripped the Baucus/ Grassley bill of the $354 million for extending money for the 7a and 504 increase guarantees and the waiver of fees.

This after the White House applauded Senators Baucus and Grassley for working out a bipartisan jobs bill.

As I understand it the Senate will be in recess next week and the funding will run out at the latest February 28. I say at the latest February 28th because it is very possible there will be a rush to get loans approved before February 28 and I am hearing that it is more likely that funding will run out earlier.

I will get back to you with a strategy on what you might be able to do but if you have a pending loan push your Bank hard to get this funded immediately.

Small Business California will be sending a letter to Senators Feinstein and Boxer to ask them to do everything they can to get funding extended. They have been very supportive of this and both coauthored S2869 which provided the funding and an increase in SBA loan size from $2 million to $5 million.

Our survey received over 500 responses yesterday bringing the total responses to over 2000.

Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

Wednesday, February 10, 2010

Independent Contractor Letter

Please see letter below being sent to every state Assembly Person and State Senator. We need to have as many of you as possible send a letter of opposition to your Assembly Person and State Senator. The situation is that the 3% withholding could be included in a budget bill to be sent to the Governor in the next week or so as part of the 8th Special Legislative Special Session.

Please click on www.leginfo.ca.gov to identify your legislators and to contact them. I sent a sample letter earlier in the week but don’t worry about the eloquence of your letter just that you oppose this and how it impacts you.

The California Chamber of Commerce has also sent out an alert on this issue.

I am pleased to tell you our annual survey just went over 1300 respondents. We are going to be keeping it open a couple more weeks as next week we will have it in Spanish also.

If you would like me to send the survey to you in Spanish so that you can distribute please let me know. I especially would like to hear from the Hispanic Associations that are on this email.

You all know that Small Business California has been working on the stimulus funding for SBA 7a and 504 loans to keep the 90% guarantees in place, waive the fees on these loans and increase the size of the loans from $2 million to $5 million. We are hearing that the Republicans seem to be okay with the allocation of this money to the 7a and 504 loans but are struggling with the increase to 5 million. The current money allocated for the guarantees and waiver of fees will run out the end of February.

As you can see Small Business California is extremely busy representing your interest. I hope you will consider joining Small Business California if you haven’t done so already. The cost is $150 for businesses with sales of less than $1 million and $300 for businesses over 1 million. You can join by going to our website at www.smallbusinessclifornia.org or we can send you an application and invoice you if you ask us to do so by return email.


Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

Monday, February 08, 2010

Insurance Industry IK Withholding Letter

Thank you to all that responded saying you would send a letter of opposition to the 3% withholding for independent contractors. Please see sample letter below.

I think the easiest way for you to send is to go to http://www.leginfo.ca.gov/.
Click on legislator and put in your zip code. Go to your Senator and Assemblypersons site. Click on legislators contact site. It will ask you for personal information but in the comments say you are a small business owner and give the name of your company and why you oppose. Feel free to change the letter below anyway that works for you.

If you are a business group and would like to sign an opposition letter please let me know. I have 12 associations so far that will be signing letter


Dear Assembly Member / Senator _____:

I am a small business owner in your district. My company, _____, employs ____ persons. We have been in business in ______ since ____.

I am writing to oppose the independent contractor withholding proposal. This is another budget gimmick that does not generate more revenue to the State of California. Instead, it merely accelerates monies that will already be paid to the State and imposes an onerous burden upon small businesses like my company.

Under this proposal, businesses in this state would be required to collect taxes from other businesses and we would serve as a collection agent for the State. The new expense of withholding and remitting these monies to the Franchise Tax Board would be a cost borne by small businesses like my company. Moreover, small businesses would effectively be providing interest-free loans to the state. Even if an independent contractor owes no state taxes, 3% will still be withheld, affecting our cash flow and impacting our business.

I believe this proposal is unreasonable and should be rejected by the Legislature. I would appreciate hearing from you at your earliest convenience whether you will oppose this harmful idea.

Sincerely,


We now have 956 people responding to our survey. If you haven’t completed please do so within the next week. As always forward to others and if you are an association please send to members. It would really be great even if you have sent to send one more time.
Thanks

http://www.zoomerang.com/Survey/?p=WEB22A6JHNSTRD


Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

Friday, February 05, 2010

3% Withholding for Independent Contractors/Survey

I am sorry for all the emails but something came up yesterday that could have a serious negative impact to small business. As you all know Small Business California wants to be known as a proactive organization but sometimes we just have to say no.

There is a movement afoot in Sacramento to impose a 3% withholding for independent contractors. So if you hire a sole proprietor or I think a company that is a partnership or LLP you would have to withhold 3% and send it to the state. The money will be held by the state and if there is a return it will be without interest.

Not only will this be a hardship for low margin businesses but another bookkeeping burden placed upon small business.

We need to make our voices heard to our legislators that this is a bad idea.

Please let me know if you would be willing to send a letter to your Assembly person or state Senator. Tell me where you are located.

On a more positive note we had as of 9AM this morning 730 responses to our survey, We got about 400 yesterday. If you haven’t done so already please take a few moments to complete. We will be closing the survey earlier this year due to the overwhelming response we have gotten in the last 5 days


http://www.zoomerang.com/Survey/?p=WEB22A6JHNSTRD


Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

Thursday, February 04, 2010

Survey/Health Cost/$5000 Tax Credit/ Senate Jobs Bill 2869

We are getting close to 300 responses to our survey. Thank you to all that have completed the survey and the associations that have sent this to their members. I also want to thank those of you that have forwarded to your colleagues.

If you haven’t completed please do so and forward.

http://www.zoomerang.com/Survey/?p=WEB22A6JHNSTRD

You may have seen in the paper this morning that health care cost for 2009 have increased to 17.3% of GNP and this represents an increase over previous years. I can’t think of a stronger argument that we need meaningful health reform in Washington and it is critical that we end partisan bickering between the Democrats and Republicans and get something meaningful done not just for small business but the future of our country.

I have mentioned that the President has recommended a $5000 tax credit for businesses with a net increase in employment. Many of you have indicated to me that you didn’t understand how this works. Briefly you will get your credit on a quarterly basis by reducing what you pay in FICA taxes. It is not subtracted from profits. Please note that you take the credit on a quarterly basis after you have paid an employee $7000.

If you would like a more complete description of the credits please let me know.

Small Business California is working hard to get additional funding for the SBA 7a and 504 loans to continue the increased guarantees, the waiver of SBA fees on those loans and the increase to $5 million of loans the SBA can make. Time is running short as the current funding will run out the end of this month.

What I am hearing is that Senator Reid is talking about doing a number of Jobs bills starting with the provisions that have the best chance of passing. We are very hopeful that we can get S2869 into the initial bill and get it passed before the end of the month but quite frankly this appears like it will be very difficult and the SBA will run out of money.

Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

Tuesday, February 02, 2010

Small Business California Survey

We have had 127 responses to our survey. We expect to get over 600 and I hope you will take a few minutes to complete.

Thank you to all that have completed the survey and all that have forwarded to their colleagues. For those of you that haven’t done so please take a few moments to complete

See link below

http://www.zoomerang.com/Survey/?p=WEB22A6JHNSTRD


One of the most surprising results so far is that 23% of the respondents did not see themselves in business in three years. If you are one of those people I would be interested to know why and if you would be willing to talk to the media.

On Saturday Small Business California received the Business of the Year award from the Pacific Conservation League. We are proud of the work we are doing to assist small businesses in reducing their energy use and Hank Ryan our executive director is viewed not only in California but around the country as a small business energy expert.


Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

Monday, February 01, 2010

Annual Small Business Survey

Its that time of year that Small Business California sends out its an survey. This is the sixth annual survey and it will set Small Business California’s agenda for the year. As always the results of the survey will be sent to every state legislator and the Governor.

Last year we had over 600 responses and a response from every county in the state.

The survey will take between 10 an 15 minutes.

Please also forward to other small businesses or your association members.All of you will also receive the results.

I would like to thank Jim Ross of Jim Ross Consulting for making this survey possible.


http://www.zoomerang.com/Survey/?p=WEB22A6JHNSTRD


Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188
415-680-2109