When you look for an employee for your horse operation, you want someone who is good with horses, someone who can paste worm the most difficult horse in the barn with one hand tied behind their back, clean five stalls in less than five minutes and other equally impossible tasks. A big part of your livelihood comes from horses so, of course you want to hire employees who are strong in those skills - "Horse People"
But horses are only half of the equation. Horses are owned by people, expenses incurred by horses (like hay, grain and shavings) are paid by people and some people can complain a lot more loudly than most horses if they aren't happy with the services provided. Yet most employers don't consider the skills that are required for good customer service when making a hiring decision - "People People" and not just "Horse People".
While it isn't likely that most of the job applicants for horse businesses have had extensive training in customer service, some may have had experiences that will serve as a good basis for developing awareness and consideration of customer needs. So don't just focus on how many barns the applicant has worked at in the past. Also ask about experiences working in retail or service industries, where customer service is key.
No matter what their experiences, you need to provide training so your employees KNOW how you want them to handle a situation. Role play scenarios and offer suggestions for responses. When a client mentions that she heard that her horse wasn't turned out today as promised, "I forgot" is not an appropriate response but "Let me find the barn manager/owner and I'm sure she can answer your question" might be one example of how you'd like your employees to address the situation.
Spend some time in your barn and listen with the ears of a customer, not the owner. You might be surprised at what you hear - a barn manager berating an employee at full volume, a barn employee explaining to a customer why she hates working there, etc.
Good "People People" employees = satisfied customers who are eager to patronize your business and put money in your pocket. So invest in your employees by providing them with the customer service skills they need to help make your business a success.
Visit my website www.blueribbonaccounting.com to learn more about equine businesses.
Equine Accounting and Taxes: And with Sales Tax, your total comes to $$$....
Before someone goes on a horse hunting trip, hopefully they check their wallet to see that they have enough money to cover the cost of the horse, the vet check, transportation costs, tack (because the new horse is always a different size that all of your current tack), etc, etc. But many potential buyers never consider that sales tax may be due on their purchase.
There have been efforts to create a uniform sales tax that would be the same for all states but for now, each state regulates the imposition of sales tax in that state. As I mentioned in a previous post, some states charge sales tax on horse boarding. But many more charge sales tax on the sale of horses. Generally, most sales of tangible personal property are taxed and horses would meet that description.
If you purchase tangible personal property in a state with no sales tax, or the sales tax percentage where you made the purchase is less than your home state, you may be liable for use tax for the “use, storage or consumption” of that property in your state.
Because each state is different, I can’t write 50 articles about sales tax on the sale of a horse. But I can tell you about a situation which is a good example of possible sales/use tax liability for someone engaged in the business of selling horses. A regularly imports horses from Europe, both as an agent for his clients and buying horses directly himself, for training and resale later. A had a working relationship with several sales barns in Europe. So for purposes of simplification, even when acting as an agent for a client, it was A’s name on the paperwork for U.S. Customs. A was recently contacted by the Department of Revenue for his state regarding use tax liability on the horses purchased in Europe and brought to his state. If his state decides to audit these transactions, they could audit multiple years and some states have no statute of limitations for the examinations of returns. With some states charging as much as 60% in penalty and interest, this could become a very expensive problem for A.
There are many possible scenarios for the sale of a horse including: resident seller to resident buyer, resident agent (who holds no title to the horse) to resident buyer, resident agent to nonresident buyer, resident seller to nonresident buyer and nonresident seller (outside United States) to resident buyer and each may involve sales/use tax liability.
In my state of Massachusetts, if a horse residing in Mass is purchased and delivered to another state, the seller should provide the buyer with a letter of delivery. If there is sales tax in the new owner’s state, the new owner is responsible for the liability. But, if the horse comes back into Mass to live within six months of purchase, the owner would be responsible for Mass sales tax if they had not paid sales tax in their state. Sound complicated? It is. Some CPA firms specialize in this area due to the complexity and variety of regulations among states.
Though sales tax audits may not sound as familiar as an audit by the IRS, they are much more common. And with the current state budget shortages, some states look to sales tax audits as a way to make up some of the difference. So it’s important to the future of your horse sales business to learn more about the sales/use tax regulations of your state. Contact your state Department of Revenue as well as your state horse council, farm bureau or other related agency for general information. If you find that you have a potential sales tax liability, contact an attorney or CPA who specializes in this area.
There have been efforts to create a uniform sales tax that would be the same for all states but for now, each state regulates the imposition of sales tax in that state. As I mentioned in a previous post, some states charge sales tax on horse boarding. But many more charge sales tax on the sale of horses. Generally, most sales of tangible personal property are taxed and horses would meet that description.
If you purchase tangible personal property in a state with no sales tax, or the sales tax percentage where you made the purchase is less than your home state, you may be liable for use tax for the “use, storage or consumption” of that property in your state.
Because each state is different, I can’t write 50 articles about sales tax on the sale of a horse. But I can tell you about a situation which is a good example of possible sales/use tax liability for someone engaged in the business of selling horses. A regularly imports horses from Europe, both as an agent for his clients and buying horses directly himself, for training and resale later. A had a working relationship with several sales barns in Europe. So for purposes of simplification, even when acting as an agent for a client, it was A’s name on the paperwork for U.S. Customs. A was recently contacted by the Department of Revenue for his state regarding use tax liability on the horses purchased in Europe and brought to his state. If his state decides to audit these transactions, they could audit multiple years and some states have no statute of limitations for the examinations of returns. With some states charging as much as 60% in penalty and interest, this could become a very expensive problem for A.
There are many possible scenarios for the sale of a horse including: resident seller to resident buyer, resident agent (who holds no title to the horse) to resident buyer, resident agent to nonresident buyer, resident seller to nonresident buyer and nonresident seller (outside United States) to resident buyer and each may involve sales/use tax liability.
In my state of Massachusetts, if a horse residing in Mass is purchased and delivered to another state, the seller should provide the buyer with a letter of delivery. If there is sales tax in the new owner’s state, the new owner is responsible for the liability. But, if the horse comes back into Mass to live within six months of purchase, the owner would be responsible for Mass sales tax if they had not paid sales tax in their state. Sound complicated? It is. Some CPA firms specialize in this area due to the complexity and variety of regulations among states.
Though sales tax audits may not sound as familiar as an audit by the IRS, they are much more common. And with the current state budget shortages, some states look to sales tax audits as a way to make up some of the difference. So it’s important to the future of your horse sales business to learn more about the sales/use tax regulations of your state. Contact your state Department of Revenue as well as your state horse council, farm bureau or other related agency for general information. If you find that you have a potential sales tax liability, contact an attorney or CPA who specializes in this area.
Equine Accounting and Taxes: Potential Sales Tax Liabilities for your Horse Business
A potential client contacted me to ask if I would be willing to prepare her sales tax return for her. I've prepared sales tax returns for over 20 years so this should be no problem. "What have kind of product have you been collecting sales tax on?" I asked.
"Horse board".
"Are you sure about this?"
She sounded pretty sure. So I decided to investigate myself.
She lives in New York State, so I contacted the New York State Department of Taxation and Finance. Yes, I was told, horse boarding in New York State is subject to sales tax. The customer service rep there referred me to their tax regulations and several tax memos and advisories. Further digging uncovered the NY State Horse Council, which has website including an index of legal issues affecting horseman, including a list of what is and is not subject to sales tax for commercial horse boarding operations.
Sales tax is regulated by individual states, or in some cases, individual counties or cities. But there are some general concepts. Generally, all tangible personal property is taxable except with exemptions. So if you are a farrier and also sell hoof supplements to your customers, in most states you would be required to collect and remit sales tax on the supplements you sell. In many states, sales tax should be collected and remitted for sales of horses - a subject to be discussed in a future newsletter.
The difficulty sometimes becomes defining what tangible personal property is. In NY State, horse boarding is compared to leasing storage space. It's the stall itself that is considered to be the primary item in a boarding transaction, so sales tax is assessed on that tangible personal property. If in a sales tax audit, you feel that sales tax should not be assessed on a certain type of personal tangible property, the burden of proof is on you -the taxpayer- to prove this is the case. Conversely, generally only certain services are taxable. In a sales tax audit, the burden of proof is on the auditor to make the case that the services at issue are subject to sales tax.
Sales tax audits are much more common than IRS audits of income tax returns. Some states have no statute of limitations for examination of prior years' sales tax returns and penalty and interest can amount to up to 60% of the tax.
What can you do to find out more about the possibility of sales tax liability for your horse business?
1. Contact your state Department of Revenue. Ask for information regarding what goods and services are taxable in your state.
2. Contact your state Farm Bureau, Horse Council, etc. for more information. If you feel that you may have potential sales tax liability, ask them to recommend an attorney with expertise in this area.
3. Contact a CPA firm or attorney that deals only with matters of sales tax. Sometimes, this is less expensive than people fear and gets them a definitive and relatively quick answer. If you do need to collect sales tax, you will need to register with your state but speak with the attorney or CPA first. There could be serious tax consequences if you register and owe back taxes. Your attorney may be able to negotiate a settlement before you register. If you register first, the chances of negotiating a settlement is very small.
4. If you don't use one already, consider putting your financial data into an accounting software program like QuickBooks. You can create invoices with sales tax included and track and remit sales tax liabilities relatively easily using QuickBooks.
Remember that each state is different. Find someone that is familiar with the sales tax regulations that affect you. A little attention now may save you time and money in the future.
"Horse board".
"Are you sure about this?"
She sounded pretty sure. So I decided to investigate myself.
She lives in New York State, so I contacted the New York State Department of Taxation and Finance. Yes, I was told, horse boarding in New York State is subject to sales tax. The customer service rep there referred me to their tax regulations and several tax memos and advisories. Further digging uncovered the NY State Horse Council, which has website including an index of legal issues affecting horseman, including a list of what is and is not subject to sales tax for commercial horse boarding operations.
Sales tax is regulated by individual states, or in some cases, individual counties or cities. But there are some general concepts. Generally, all tangible personal property is taxable except with exemptions. So if you are a farrier and also sell hoof supplements to your customers, in most states you would be required to collect and remit sales tax on the supplements you sell. In many states, sales tax should be collected and remitted for sales of horses - a subject to be discussed in a future newsletter.
The difficulty sometimes becomes defining what tangible personal property is. In NY State, horse boarding is compared to leasing storage space. It's the stall itself that is considered to be the primary item in a boarding transaction, so sales tax is assessed on that tangible personal property. If in a sales tax audit, you feel that sales tax should not be assessed on a certain type of personal tangible property, the burden of proof is on you -the taxpayer- to prove this is the case. Conversely, generally only certain services are taxable. In a sales tax audit, the burden of proof is on the auditor to make the case that the services at issue are subject to sales tax.
Sales tax audits are much more common than IRS audits of income tax returns. Some states have no statute of limitations for examination of prior years' sales tax returns and penalty and interest can amount to up to 60% of the tax.
What can you do to find out more about the possibility of sales tax liability for your horse business?
1. Contact your state Department of Revenue. Ask for information regarding what goods and services are taxable in your state.
2. Contact your state Farm Bureau, Horse Council, etc. for more information. If you feel that you may have potential sales tax liability, ask them to recommend an attorney with expertise in this area.
3. Contact a CPA firm or attorney that deals only with matters of sales tax. Sometimes, this is less expensive than people fear and gets them a definitive and relatively quick answer. If you do need to collect sales tax, you will need to register with your state but speak with the attorney or CPA first. There could be serious tax consequences if you register and owe back taxes. Your attorney may be able to negotiate a settlement before you register. If you register first, the chances of negotiating a settlement is very small.
4. If you don't use one already, consider putting your financial data into an accounting software program like QuickBooks. You can create invoices with sales tax included and track and remit sales tax liabilities relatively easily using QuickBooks.
Remember that each state is different. Find someone that is familiar with the sales tax regulations that affect you. A little attention now may save you time and money in the future.
Protecting Yourself Against Data Theft
Protecting Yourself Against Data Theft
by Michael Ehart, CISSP, etc.
There has been a rash of reporting of data theft lately that has a very strange effect of causing many to become complacent about their data protection measures because, after all, their system is working.
The problem is that there is no way to know if your data is bulletproof. You can only be certain when it is not, and you have evidence that your security has been breached. The vast majority of data theft is undetectable and unprosecutable, because unlike physical theft the stolen data is still there. If someone sneaks into a museum in the dead of night, dressed in spandex and night goggles and makes off with a Bottecelli, in the morning there is a big square of unfaded wall, an empty nail, a light dusting of tracked-through laser-detection talcum powder and no painting.
The problem with stolen data is that most of the time there is no way to know that your system has been breached, or if it has been, that anything is missing because nothing is actually missing.
So what do you do to keep your data secure? The threats come in three flavors, and there are steps that you can take to protect yourself from each one.
1. The Barbarians at the Gates. There are people out there who don't like you. There are people out there who don't care about you, but want what you have. And there are people out there who don't care about you, or what you have, but want inside just because they can. These are the folks that firewalls were invented to thwart, and I assume that you have covered this loophole. Firewalls, encryption, strong passwords, and some sort of Intrusion Detection System (IDS) cover you there. If you don't understand or like this stuff hire someone who does. A competent IT security consultant can set up security for most small offices in a few hours of system hardening. Do make sure that the contract includes some basic training for your users concerning the changes and best practices.
2. The Enemy Within. Far more likely to cause you grief is the viper cherished in your bosom. No one knows for sure, but I would guess that the retail model applies here--- 90% internal theft. After all, who else holds the keys to your kingdom? Training, monitoring, set usage policies and careful terminal check-out procedures can help, but you never know. If you have 20 employees and they all seem perfectly content, either you are the shining example all other bosses should aspire to or at least 5% of your workforce is adept at hiding their dissatisfaction. I know which one seems most likely to me.
3. Stupid is as Stupid Does. And Stupid seems to be doing more than his fair share lately. Data theft is the classic crime of opportunity. "It was just laying there, so I took it." Or "The web site was unsecured" or "The safe was left open" or -one that I recently was asked about- "I left the box of records in the back seat, and someone borrowed my car." I love consulting, but dang, please make it harder for me, will ya? No more post-it notes with passwords conveniently stuck to the monitor, or so cleverly stuck under the keyboard. No more backup tapes on a shelf behind your desk, or stacked on top of the server. No more shared passwords for the entire office.
Once again, if you don't know about this stuff contract someone who does. It is so very much cheaper and less stressful to spend a few bucks and a few hours hardening your system and providing a few hours of common sense training for your crew than it is to learn about your data disclosure from the guy with good hair and too many teeth holding the mike and standing sideways in your lobby so his cameraman can get a good shot.
Michael Ehart is a Certified Information Systems Security Specialist (CISSP) and carries certifications as a HIPAA Professional and HIPAA Security Specialist (among other things). Visit Michael Ehart's HIPAA blog Comply With Me
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