Tips & Traps From Ron’s Book, Getting To Yes With Your Banker
April 2013
Tip No. 4 – Utilize Note Payable Shareholder Equity and Taxes
For a small-business owner whose company needs capital, the common response is often to get a loan. However, for those who are in a position to do so, there are certain advantages to putting personal capital into the company in the form of a loan.
The capital can be loaned as a note payable to the shareholder. You already paid taxes on the money when you earned it and putting it into your company as capital would mean that it would be taxed a second time if you took the money out as a distribution. If you make the money available as a loan, it’s a good idea to charge interest, although the IRS does have strict guidelines on that. However, if you make it a loan, the bank may require you to subordinate it, which means you agree not to pay yourself back until you have paid the bank back or it gives you permission. This means your money wouldn’t be accessible if you needed it.
When the money is given as a loan, those dollars won’t be taxed when they’re repaid to you unless the IRS decides the payout is a dividend and not a loan payment. (This is where a good accountant can help you navigate through potential traps.)
Here’s an example of why this makes good business sense. Let’s say that you, the businessperson, have $100,000 in a personal savings account. Meanwhile, you own a company that owes the bank $100,000.
Rather than let the money earn marginal interest in the bank, a better use of that money would be to loan it to your company. Charge your company the same interest rate that the bank would charge, whether it’s 7 or 9 or even 10 percent.
Suddenly, that money from your savings account is working harder for you. It’s making money, because you’re earning the interest that would have gone to the bank. Just by looking at the bottom line it’s obvious that this is a much better use of the money; invest it in your own company and make some money off of it!
Not everyone wants to do this. In some cases, individuals might want the liquidity of the $100,000 that they have in savings. And the banks will perceive the money as liquidity.
Ron: Most lenders will view shareholder debt as capital, if you aren’t paying yourself back. To make the optics of the balance sheet look better, show it under long-term liabilities as the last item or create a separate long-term liability section and put it last – just before the owner equity section. The lender or examiner may treat it as capital, which improves the fundamentals of your statement.
Tip No. 5 – Use Cost Allocation to Your Benefit on Real Estate Construction and Even Real Estate Purchases
Ron reports that he has used cost allocation to minimize his income taxes fairly dramatically. It’s important to understand how to use cost allocation on new construction or even on a current building being purchased, if possible. To do this effectively, you need to find an accounting firm or a specialist that can do it well.
Ron: I took a course and learned the fundamentals, but since I oversee construction myself that made it much easier to understand and execute.
When you construct a building, the IRS allows you, as the owner, to take depreciation on most of it for 30 years. Some of the other assets — such as the parking lot, the fences, and the like — can be depreciated for 10 years.
Deeper in the code, you’ll find the depreciation allowances on such things as site lighting (five years). Certain types of doors, walls and fixtures are listed as five-year or seven-year assets.
For a business owner, it’s extremely valuable to have an accountant who understands cost allocations and can help leverage them. This allows you to get more depreciation early, which means you reduce your reportable income without affecting your cash flow.
This is a non-cash expense, so it’s a very good way to save money by reducing your taxes in the early years. Another thing to consider is that real estate is unlike any other asset. Every other asset you need for your business is going to depreciate. And in most cases, such as computers and company cars, that depreciation is very real. Those assets are going to wear out and eventually they’ll need to be replaced.
Real estate is the one area where depreciation is less real, especially on newer property. Even though your building may depreciate, in most cases, inflation or the increased value of the property will offset the depreciation.
Remember only you can make business great!
Ron Sturgeon, founder of Mr. Mission Possible small business consulting, combines over 35 years of entrepreneurship with an extensive resume in consulting, speaking, and business writing, with 6 books published. A business owner since age 17, Ron sold his chain of salvage yards to Ford Motor Company in 1999, and his innovations in database-driven direct marketing have been profiled in Inc. Magazine. After the repurchase of Greenleaf Auto Recyclers from Ford and sale to Schnitzer Industries, Ron is now owner of the DFW Elite Auto suite of businesses and a successful real estate investor.
As a consultant and peer benchmarking leader, Ron shares his expertise in strategic planning, capitalization, compensation, growing market share, and more in his signature plain-spoken style, providing field-proven, high-profit best practices well ahead of the business news curve.
Ron is a web expert, but he is also an expert in helping all types of small businesses become more successful and more profitable. He has helped owners in industries from restaurants to law firms with a wide variety of business issues, including sales, promotion, production, financial measures, business strategy, and planning for startups. Whatever your unique challenges, Ron can help you.
To inquire about peer benchmarking, consultations, or keynote speaking, contact Ron by calling 817-834-3625, by emailing rons@MrMissionPossible.com, by mailing 5940 Eden, Haltom City, TX 76117, or online at Mr. Mission Possible.
