Working from home or running a home based business can be very exciting, lucrative and challenging. Nevertheless, it is relatively the same as for any other business. It is also subjected to the same rules, regulations and laws which apply to any other business, regardless the size or type of business.
Just because your home business may be a solo operation, at least in the beginning, it does not excuse you from the rules and regulations which regulate all other businesses.
Explore and Follow the Legalities for the Success of Your Business
Obviously you wouldn't want your business to face any problems at any time during your business career. Therefore, it is imperative for you to learn the details of all regulations associated with your business. You will need to spend few dollars to make certain that every law and regulation at the local, state and national levels are strictly followed. You should also consider hiring professionals to help you, keeping in mind that you should shop around to develop a team of professionals that you feel comfortable with and who will fit your budget.
In order to avoid any legal issues, aggravation and/or heartaches associated with your business, you'll need to follow a few basic guiding principles before starting your home business.
Identify Your Local or State Government Laws:
You should contact your local government agencies to fully understand the laws and regulations which are associated with your home business. The information is usually provided for free and you can even get some of it over the telephone. however, a personal meeting with the government officials will give you a much clearer understanding of the requirements and will allow you to develop a personal relationship with the regulators. You will find that this meeting and relationship will worth all your time and efforts later if you develop a problem regarding the regulations.
Required Zoning Permits:
To start any kind of business, you'll need to get the required permits from the zoning officials. Contact the City Planning Department in your City for advice regarding the specific zoning and occupancy requirements necessary for your type of business.
Contact Your Accounting Firm:
Contacting your Attorney and Accountant, is also critical and highly beneficial when starting your home business. These professionals will also guide you with the paperwork and procedures required for starting your type of business.
Determining Your Tax Requirements:
Before starting your home business, it is important for you to find out about the various tax forms which are needed for the uninterrupted continuity of your business. Most of the forms and requirements usually depend on the nature of business, location of your business, number of employees etc.
Remember, fulfilling the above legalities is critical to your business success. Each of your business partners (ie. Attorney, Accountant, etc) will be available to you. They often offer free advice to begin with, however be prepared to pay them for their services later. It is really wise of you and in your best interest to spend the time and money at the early stage to meet with them rather than repenting later because of heavy fines or even the legal actions against you and your home based business. Keep in mind "Pre-Planning and Prevention are better than the cure" and it especially applies when starting your own business from home.
There are many professionals who extend their expertise to you over the internet for reasonable prices. You should compare their services and fees with various local firms and then decide which firm will be the best one for you to team up with.
It is critically important in starting your business that you do your due diligence carefully to avoid serious pitfalls later. Your success will depend upon your attention and focus to detail when initiating your business.
James Otto Gray
(503) 559-3790
E-Mail: But what about me? I can barely pay the bills!" exhorted my client one chilly fall morning.
"Mr. Jones, not to worry. Let me explain how this works...."
First of all, the spouse living at home (or "in the community" as it's known; hence, this spouse is called the "Community Spouse") never has to pay anything toward the nursing home bill of the spouse receiving Medicaid in the nursing home. Thus, even if the Community Spouse has Social Security of $1,200/month and a pension of $4,000/month, the Community Spouse does not have to contribute one dime to the care of the Institutionalized (nursing home) Spouse.
But if it's the other way around, then in that case, the Community Spouse is entitled to a contribution from the Institutionalized Spouse. The federal government resets this amount every year on July 1, to keep up with inflation. The 2006 figure is currently $1,650 per month. It is known as the "Minimum Monthly Maintenance Needs Allowance" or MMMNA.
So if Mr. Jones, my client, is trying to live off his meager $900/month Social Security check, but his wife, a retired college professor, receives a $1,600/month pension check, then he will be entitled to siphon off a minimum of $1,650 - 900 = $750 per month from her check. (The rest of her check ($850) must be paid each month to the nursing home, and Medicaid picks up the balance of her nursing home expenses.)
"Whew, that's a relief," says Mr. Jones. "But that really doesn't cover my expenses! I have very high monthly bills. Isn't there any way I can get to shift even more from my wife each month?" Indeed there is, Mr. Jones!
Under the federal rules, there are several ways for Mr. Jones to increase his income allowance from his wife. First of all, if he has shelter expenses that exceed a certain amount, he can get an automatic increase, up to the maximum MMMNA of $2,488.50 (again, this figure changes annually, this time on Jan. 1 of each year).
The "excess shelter allowance" (ESA) is the amount by which Mr. Jones's costs for his rent or mortgage payment, condo fees (if any), real estate taxes and homeowner's insurance, and either the standard utility allowance (currently between $198 and $546, depending on the state) or, if his state does not use such an allowance, the actual cost of utilities (heat, electricity, gas), exceeds 30% of the MMMNA, i.e., $495 in 2006. Some states even permit you to use the higher of the standard utility allowance or actual cost of utilities when calculating whether or not you qualify for the Excess Shelter Allowance. Once again, you need to check your own state's regulations on this point.
So, for example, if Mr. Jones's total shelter costs were $1,000/month, then his $1,650 MMMNA may be increased by $1,000 - 495 = $505/month, to a total of $2,155. Since this amount is still under the maximum permitted MMMNA of $2,488.50, he's okay.
"But I have very high prescription costs, and I need home health care, too, that I have to pay out of my own pocket! What about those?" pleads Mr. Jones. If the Community Spouse still needs more income, he or she can request a Fair Hearing before the state Medicaid agency or even seek a court order for an increase in the monthly payments from the Institutionalized Spouse.
As you can see, with proper advice from an elder law attorney, it is possible for the spouse living at home to shift more income from a spouse in the nursing home who is receiving Medicaid coverage, thereby causing Medicaid to bear more of the burden and allowing the at-home spouse to continue to live a comfortable life.
? 2007 by K. Gabriel Heiser
Attorney K. Gabriel Heiser has devoted his legal practice to Medicaid planning, elder law, and estate planning for the last 23 years.
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