You probably do your best to remain inconspicuous, which is a good thing. But some factors are beyond your control. It’s a fact. The more money you make, the more likely you’ll be audited. Those who are self-employed, like network marketers, have a higher statistical probability of misstating their income and deductions compared to salaried individuals. Of course you’re not going to limit your income or change your business plan in order to decrease the chances of being audited! So we’ve decided to put together a target list of 13 [unlucky] red flags that spark interest from the IRS.

1. Business expenses are especially important to direct sellers. Did you know that IRS examiners often refer to home office, business travel, entertainment, and business use of an automobile deductions as the kiss of death? Why is this? Well, these particular deductions are often abused and the IRS knows to scrutinize them closely. Keep strict documentation and proper records and be ready to defend your claims!
2. Charitable contributions and casualty and theft losses. Taxpayers who donate property to charities, and taxpayers who have had property stolen or destroyed tend to overvalue it for tax purposes. The best defense to an IRS challenge is to get independent appraisal of higher-priced donated items.
3. Bad debts. To claim a debt loss you must show that the debt was legal obligation, such as a contract or loan note, and that

   you have tried to collect the debt. This is a suspicious deduction because many people try to claim debts of friends and relatives without satisfying the requirements.

4. Hobby losses. Any losses related to activities that appear to be more pleasure than business will attract extra IRS attention.
5. IRS blacklisted preparers. Make sure you hire an honest tax preparer. What more can we say?
6. Income from a barter-related activity. Although no money is exchanged in the bartering process, the IRS still considers it taxable.
7. Comparative size of deductions to each other. An item that is large in proportion to other deductions will draw more scrutiny.
8. Absolute size. A huge deduction, regardless of the accompanying deductions or the income shown on the return, will require a closer study.
9. Out of character deductions. If you claim a deduction that is “out of character” with the rest of the situation presented on your return, you are more likely to be audited. For instance, if you’re selling local products and are claiming extensive airfare deductions, it might raise some suspicions.
10. Mistakes, missing information, or incomplete forms also draws attention. If it seems to be a mistake, the IRS is likely to suspect you of trying to mislead them. Make sure to fill in all the blanks the forms require, even if it’s with a “0,” a “no,” or “not applicable.”
11. Misfits. Attempts to fit certain items into categories where they do not belong, in order to take advantage of more favorable provisions, will cause suspicion.
12. Linked items. If you claim one deduction, but do not claim another closely related one, the IRS will wonder why. For instance, deductions for property tax and mortgage interest are usually found together (unless your mortgage is completely paid). If one is claimed but not the other, the IRS is likely to notice.
13. Comparative to income and geographic area: If you claim more or larger deductions than other taxpayers in the general area with similar incomes, again, the IRS will wonder why and take a closer look.

The fact that these are red flag, target areas is not to say that the deductions are not perfectly legitimate. As long as you can substantiate your deductions, you should not hesitate to claim your deductions. What this target list indicates; however, is that companies and distributors involved in MLM activity should carefully document and support their deductions, write-offs, and business expenses.

And because multilevel marketers are home-oriented and social network-oriented in their businesses, many of their red flag deductions really are expenses; where for the average taxpayer, these types of deductions are usually personal and non-deductible.

If you want to be extra careful and possibly head off confrontation with the IRS, include explanations of any unusual items with your return. If the IRS system flags your return, perhaps an explanation may satisfy the IRS reviewer? It’s worth a shot!

We at MLM Legal wish all the network marketers, party planners, and direct sellers a happy and fruitful tax season!

Why stop here? Learn more about running your own MLM business by watching Attorney Jeff Babener’s videos!

How Do I Raise Capital to Start My MLM Business?

How Much Does It Cost to Start a MLM Company?

Visit us at www.mlmlegal.com to learn more.

Our last conference boasted 71 companies from 23 states and 8 countries, including Canada, United States, Ghana, Israel, Spain, Russia, China, and Germany!

(PRWEB)March 24, 2016

The Starting and Running the Successful MLM Company conference will be held May 20, 2016.

For more than 30 years, leading industry experts have educated the executives of starting and existing MLM, direct selling, network marketing, and party plan companies on how to structure their compensation plans, legalize their companies, recruit key employees and top-ranking distributors, develop business models, generate leads, fund their business, establish their website and technology platforms, better understand the direct selling industry, and so much more.

Did you miss the last MLM Startup Conference? In attendance were over 100 people, representing 71 companies from 23 states and 8 countries (Canada, United States, Ghana, Israel, Russia, Spain, China, and Germany). The companies in attendance represented the entire spectrum of company development, from startups to established companies. All attendees registered for our conference in order to learn more about the network marketing industry, grow their companies, meet experts in the industry, and educate themselves on the MLM industry.

The next MLM Startup Conference takes place May 20, 2016 in Las Vegas. View the conference flyer page at http://www.mlmlegal.com/srs2.html to learn more.

This is the original MLM Startup Conference — responsible for launching many industry-leading companies — perfected over the course of a quarter of a century to ensure the highest quality of information, most knowledgeable experts, and most practical advice from qualified experts.

Join us May 20, 2016 at our next conference! Over the course of the day, attendees will hear from a multitude of the best industry experts, and if they choose, can sign up to meet with the speakers for individual one-on-one time. A full list of speakers and their biographies/credentials can be found at http://www.mlmlegal.com/bio.html.

The educational information gained by attending this event is invaluable. Here are just a few of the testimonials from past attendees:

“We have a traditional business at the moment and we are looking to take it into the realm where it’s more personalized, it’s more about building people and an experience. It has been absolutely worth our trip. We are looking to take our business to the next level and build relationships.”

“The reason I came to the show was to learn more about how to launch my direct sales company. I’m very comfortable and accustomed to selling through more traditional networks; however, I believe that the product that I’m launching is more suitable for direct sales; to get direct-to-consumer faster and in greater sales.”

“[I’ve] been in network marking for 30 years [but] we are learning a lot of things about how to launch, how to reach the people we need to have, and again, the things that are required to make a successful company, not only for us but especially for our customers and for our affiliates.”

Each attendee will receive a free copy of the Starting and Running the Successful MLM Company Manual.

How do you find out more information?

Visit our website:
http://www.mlmlegal.com

Visit our blogs:
http://mlmlegal.com/MLMBlog/
http://www.mlmattorney.com/blog/

Watch the Conference Videos or many of the other educational MLM Videos!

• MLMlegal Releases New Film on MLM Startup Conference — Produced by Networkingstar.com
• The MLM Startup Conference in Las Vegas
• MLM Startup Conference — A Must for Executives of Startup and Existing MLM Companies
• Since You Are a MLM Attorney, Why Would You Host the MLM Startup Conference for the Executives of Startup and Existing Companies?

Contact Us: Register Today, 503-226-6600 or 800-231-2162

The day will begin at 9:00AM and end at 5:30PM, then from 5:30PM-8:30PM there will be one-on-one time with the speakers. For more information, visit: http://www.mlmlegal.com/srs2.html or call 800-231-2162/503-226-6600. Registrations are taken exclusively by phone and questions are always welcome.

Presented by one of the most trusted individuals in direct selling and MLM, Jeffrey Babener, Editor of MLMLegal.com.

About Attorney Jeffrey Babener: Conference Host and Chairman, Editor of MLMLegal.com, as well as the leading direct selling attorney in the United States – With over 30 years of experience as a direct selling attorney, Jeffrey Babener has advised leading companies in the MLM/Direct Selling industry, ranging from Avon to Nikken, to Herbalife, to Melaleuca, to USANA, and to Excel Communications, Nerium International, plus many more. He’s been published in national magazines such as Money, Inc., Atlantic Monthly, Entrepreneur magazine, Direct Selling News, Direct Sales Journal, Success magazine, Money Maker’s Monthly, among countless others. He’s authored several books, including his most popular Network Marketing: What you should know. Mr. Babener has chaired more than 70 national conferences on direct selling.

Lastly, learn how you can receive two free tickets to attend the October 2015 Starting and Running the Successful MLM Company Conference by visiting our Innovation Campaign page.

View the press release at PR Web.

Visit us at www.mlmlegal.com to learn more.

MLMLegal.com and Babener & Associates have had long term professional relationships with many direct selling companies, from startup to stable. We were involved in early stages of a number of leading MLM companies, including some traded on the NYSE.

We aren’t just lawyers. We often know more about the direct selling business than most of our clients. In many ways we have become partners with our clients since we’ve been in the industry for such a long time. We often take on a significant role as both a legal and business advisor for our clients.

Generally speaking, however, most of our clients try to cover all of their bases legally right at the beginning of launching. They often have their agreements in place, as well as their policies and procedures. Companies will secure a trademark early in development, which is very important. As is tax issues, regulatory compliance and relationships with their consultants. Company owners are building a living organism that is constantly changing and growing, which is why so many of the companies that we represent have been with us for five, ten, even twenty years or more. For instance, in 1990 we assisted one of the largest direct selling companies, from Japan, to establish headquarters in the U.S. Today we represent them in nearly 40 countries. We have been their key legal advisor for almost 25 years.

Successful companies have a great product, they are able to recruit and they have adequate funding. There are many factors that contribute to the early success of a company. We are simply one arrow in the quiver of that success.

If you are interested in attending the Starting and Running the Successful MLM Company conference visit our conference page, view our speaker list, or get more details. All executives/owners of direct selling companies are welcome to attend. Call 800-231-2162 to register.

Our next Starting and Running the Successful MLM Company Conference takes place May 20, 2016 in Las Vegas. View our conference flyer and speaker list online. Participate in our Innovation Campaign for your chance to receive TWO FREE TICKETS to attend our next conference.

If you’re reading this blog post and the conference dates above have passed, check our website for the current conference dates.

Sign up for the MLM News Global newsletter for top headlines, news stories, scam alerts, videos, articles, and more information on the network marketing industry.

Visit us at www.mlmlegal.com to learn more.

As you can see, a new and easy-to-use navigation bar helps visitors easily find what they are looking for, whether it be the blog, articles, videos, MLM resources, conference pages, or one of the many other resources we have on our website for direct sellers.

The main homepage image was provided by expert MLM Attorney himself! Jeff Babener! While on a trip to Europe. These beautiful mountains provide us with the metaphor “Let Us Be Your Guide.” Let the Law Office of Babener and Associates, MLMLegal.com, guide you through the sometimes difficult MLM industry and its legal climate. As experienced network marketing attorneys, who have been in the industry for three decades, and who have represented companies such as Melaleuca, Avon, Herbalife, NuSkin, USANA, Nerium, Excel, and Team National, we have the experience and credibility to help you navigate the direct selling industry.

Let us be your guide through the education we provide throughout our website in the form of articles, videos, and MLM resources. Or, let us be your guide in helping you start or run your direct selling company; we advise in all of the legal aspects of starting up or running MLM, network marketing companies.

Our new homepage offers you quick and easy-to-find links so that you can easily contact us, request a free MLM Startup Manual, gather information regarding our next MLM Startup Conference, or subscribe to our new newsletter, MLM News Global.

The new MLMLegal.com homepage still features new content, this time under its own, clearly-outlined section.

Scroll down some more to find exactly what you were looking for, such as the free MLM Startup Manual. The articles inside are clearly outlined for you. And, you can click the image or the text links to be taken to the online form request page.

What else is important?

A scrolling carousal provides you with images taken of past conferences and directs your eye and mouse directly to the page where you can find out when the next conference takes place.

And now, you can find all of Jeff Babener’s videos (over 100!) in one location, the homepage!

…Right along with Mr. Babener’s most popular industry articles!

And don’t forget about the rest of the MLM, network marketing, direct selling content on MLMLegal.com! The Law Library is where you can find all of Mr. Babener’s articles, federal and state cases, MLM law in 50 states, MLM business articles, IRS 911 Publication, and so many more article index pages that can be easily navigated.

Hint: Each new webpage now has related video and page content at the end of each webpage.

As does our new homepage! The end of each page has links to related material, or other related pages that we suggest that you visit while you’re here! On the homepage, we suggest that you visit the MLM Startup Conference page, request a FREE copy of the MLM Startup Manual, and visit our Contact Us page.

And finally, at the bottom of the pages at our new website are links to our social networking pages! Follow us on Twitter! Friend us on Facebook! Like our Facebook page! Visit us on LinkedIn or Google+! There are lots of easy ways to stay in touch with us and now we’ve made it easy for you to find us online!

We thought a lot about you when redesigning our new website. We hope you find it more manageable yet still famous for being full of lots of useful content!

If you are interested in attending the Starting and Running the Successful MLM Company conference visit our conference page, view our speaker list, or get more details. All executives/owners of direct selling companies are welcome to attend. Call 800-231-2162 to register.

Our next Starting and Running the Successful MLM Company Conference takes place February 25 & 26, 2016 in Las Vegas. View our conference flyer and speaker list online. Participate in our Innovation Campaign for your chance to receive TWO FREE TICKETS to attend our next conference.

If you’re reading this blog post and the conference dates above have passed, check our website for the current conference dates.

Sign up for the MLM News Global newsletter for top headlines, news stories, scam alerts, videos, articles, and more information on the network marketing industry.

Visit us at www.mlmlegal.com to learn more.

Jeff Babener speaking at the MLM Startup Conference in Las Vegas.

You wouldn’t believe the turnout we had for the October 2014 MLM Startup Conference! Entrepreneurs, executives, founders, and CEOs from 98 direct selling companies registered for the event! Over 160 entrepreneurs registered for the conference! These innovative entrepreneurs represented 31 states and six countries from around the world! Our turnout was fantastic! Thank you to all of our attendees!

Were you able to make it to the best MLM conference in the United States? Do worry! Our next conference will take place February 26th & 27th, 2015. Any executive of a startup or existing direct selling, MLM, network marketing company is welcome to attend. Simply call our office and register by phone: 800-231-2162. Visit our website for additional information: www.mlmlegal.com.

For additional information, visit MLMLegal.com or read about our Innovation Campaign. You can also watch conference videos, read testimonials, find links to more information, and view the next dates at the Innovation Campaign page.

Visit us at www.mlmlegal.com to learn more.

There are many factors that contribute to the early success of a company.

MLMLegal.com and Babener & Associates have been with many network marketing companies from the very beginning, from startup to stable. We were involved in early stages of a number of leading MLM companies, including some traded on the New York Stock Exchange (NYSE).

We aren’t just lawyers. We often know more about the direct selling business than most of our MLM clients. In many ways we have become partners with our clients since we’ve been in the industry for such a long time. We often take on a significant role as both a legal and business advisor for our clients.

Generally speaking, however, most of our clients try to cover all of their bases legally right at the beginning of launching. They often have their agreements in place, as well as their policies and procedures. Companies will secure a trademark early in development, which is very important. As is tax issues, regulatory compliance and relationships with their consultants. Multilevel marketing company owners are building a living organism that is constantly changing and growing, which is why so many of the companies that we represent have been with us for five, ten, even twenty years or more. For instance, in 1990 we assisted one of the largest direct selling companies, from Japan, to establish headquarters in the U.S. Today we represent them in nearly 40 countries. We have been their key legal advisor for almost 25 years.

Successful direct selling companies have a great product, they are able to recruit and they have adequate funding. There are many factors that contribute to the early success of a network marketing company. We are simply one arrow in the quiver of that success.

Watch the video MLM Startup Tips, Educational Resources, Answers to Network Marketing Questions attorney Jeffrey Babener offers quick MLM startup tips, answers, and resources, as well as access to additional educational resources for startup network marketing companies.

For more information on the network marketing industry visit www.mlmlegal.com and www.mlmattorney.com.

Find us on our social networks:

Google+

LinkedIn

Twitter

Facebook

Our next Starting and Running the Successful MLM Company Conference takes place May 15th & 16th, 2014 in Las Vegas. Call 503-226-6600 or 800-231-2162 to register. If you’d like to see how you can get free tickets to the next MLM Startup Conference, visit our Innovation Campaign page.

Visit us at www.mlmlegal.com to learn more.

As industry experts, MLM attorneys commonly know more about multilevel marketing and direct selling than most of their clients.

An experienced and seasoned direct sales attorney can be the single most valuable resource that a MLM company can ever utilize. Look for a professional who has represented leading direct selling companies as well as startup companies.

As industry experts, they commonly know more about multilevel marketing and direct selling than most of their clients. In fact, more than half of the conversations with clients involve discussions about the MLM industry, rather than mere legal aspects of running a direct sales company. And over time, such an experienced “consigliore” may become the most trusted business advisor to a company and a vital member of the business team.

Apart from tremendous insight into the “business,” an experienced network marketing attorney can answer in five minutes what would take a business attorney five hours to research. And, the business attorney would likely still not completely understand the issue, let alone the solution.

The direct sales industry has – for better or for worse – provoked vast amounts of legislation and regulatory control that multilevel marketing attorneys must navigate.

A brief list of regulations, legislation, and legalities that experienced MLM attorneys, such as Jeff Babener, of Babener & Associates, must commonly appraise include:

– Pyramid statutes

– MLM statutes

– Business Opportunity Rule

– Securities

– FTC regulations

– Postal regulations

– FDA rules and regulations

– Distributor relationships

– Vendor relationships

– Distributor discipline

– Trademark

– IRS and tax regulations

– International expansion

– Sales tax

– Marketing

– State law and registration

– And, legal review of sales kit contents, which include:

1) Consultant agreements

2) Policies and Procedures

3) Product brochures

4) Compensation plan

5) Marketing plan presentations

6) Forms, from receipts to multiple owner applications, etc

At the very least, a direct sales company should not enter the marketplace without legal review of its marketing program. Hiccups caused by having to respond to regulatory agencies, consultant complaints, vendor conflicts, etc. can be bad for any MLM business and its reputation.

For more information, watch the video The Legal Issues of Starting and Running a MLM Company.

Visit www.mlmlegal.com and www.mlmattorney.com for more information on recruiting MLM consultants.

Find us on our social networks:

Google+

LinkedIn

Twitter

Myspace

Facebook

Our next Starting and Running the Successful MLM Company Conference takes place October 24th & 25th, 2013 in Las Vegas. Call 503-226-6600 or 800-231-2162 to register.

Visit us at www.mlmlegal.com to learn more.

The second tax category that has impacted our industry is the sales and use tax. State governments – all governments – of course are in dire need of more revenue and have sought to increase taxing. Companies that market strictly on the internet, on TV and across state lines are shielded from having to collect sales and use taxes because of the Commerce Clause of the U.S. Constitution, which prohibits states from placing a restriction on the flow of interstate commerce unless there is some type of a nexus or connection in state. It has long been a consensus in our industry that, by having distributors in a state, by having them recruit, drive customer traffic to websites, recruit and conduct training, and promote sales,  that direct selling companies do have a nexus in the states where they have distributors. Therefore, almost all leading direct selling companies register to collect sales and use tax in states and they do so on behalf of their distributors, because if they don’t then they are concerned that they will be held legal liable.

In addition, as a practical reason for collecting and remitting sales and use tax,  companies realize  that if they ask their distributors to be responsible for their own sales and use tax collection and filings, companies are then merely creating another obstacle for distributors who should instead spend their precious time getting out there to promote, recruit and sell. Virtually every direct selling company, including the ones that market on the internet, collect, and remit sales and use taxes.  There are potentially thousands of state and local taxing authorities…..at a minimum, companies comply with sales and use tax laws at the state level. Larger companies than can afford the administrative costs also track and file at the local levels.

Additional information about taxes is available by clicking the links below:

Why do I have to pay sales tax? Article

Taxes and the Network Marketer Article

MLM and Sales Taxes Article

Internal Revenue Service (IRS) Advises Direct Sellers Webpage

What are the Central Tax Issues for MLM? Companion Video to this Blog Post

The Tax Guide for MLM/Direct Selling Distributors Book

As always, be sure to visit www.mlmlegal.com and www.mlmattorney.com for information and updates on the MLM industry.

The next MLM conference will be held February 21st and 22nd, 2013 in Las Vegas (keep a look out for the October and May conferences as well). Each day will begin at 9:00AM and end at 4:00PM, when the one-on-time will begin and end around 7:00PM. For more information visit: http://www.mlmlegal.com/srs2.html or call 800-231-2162/503-226-6600. Registrations are taken by phone and questions are always welcome.

Each attendee will receive a FREE copy of the Starting and Running the Successful MLM Company Manual.

Visit us at www.mlmlegal.com to learn more.

-Morgan Stanley Advertisement

Although it may not be tax season anymore, networkers should keep taxes in mind all year long, saving their receipts and keeping track of business expenses. If you take your network marketing business seriously, you may qualify for some serious tax advantages that are available to business owners, and in particular, home-based business owners.

That’s the good news. The bad news is that the tax deductions that you may be able to take are shrouded in volumes and volumes of IRS codes, regulations and interpretations that could (and in fact do) keep a small army of tax lawyers and accountants busy for years.

Even though these deductions are often confusing and unclear, it is better to have an understanding of them and take advantage of them rather than to pay more taxes than you need to year after year. With that in mind, consider these first important foundational tax points and take them up with your CPA or qualified tax advisor:

No Hobby Losses, Please!

Remember to be able to take advantage of tax deductions for your network marketing business, it has to be a real business. The IRS says that you can’t deduct business expenses unless you engage in the business on a “for profit” basis – not just as a “hobby business.”

How do you tell the difference? The IRS will look at one of two tests. The first objective test is whether you have made a profit in three out of five years. The second subjective test is whether or not you are prepared to demonstrate that you engage in your business in order to make a profit. Here, the IRS is looking at whether or not you carry on the business in a businesslike manner; the time and effort you put into the activity; whether you depend on income from it; your expertise in the business; how much profit the activity makes in the years it does profit; and other pertinent considerations.

The Home Office Deduction

You can deduct the costs associated with your home office, but be prepared to show how you use it.

Assuming you qualify, you can deduct a share of the expenses related to your entire home, such as mortgage interest, insurance, utility bills, and home repair. That share is based on the size of your office as a percentage of the size of your home. Let’s say you have a 3,000 square foot home, and your office is 300 square feet. That means you could deduct as a home office expense 10 percent of the mortgage interest and other applicable costs relating to your whole house. A depreciation deduction for the business portion of your home also comes into play here.

However, the space must be used regularly and exclusively for business. Second, you must use it for administrative or management activities of the business and you cannot have another fixed location for your business where you conduct substantial administrative or management activities. This can be a tough deduction and one that you should be confident in, because it is one of the “red flags” that has a higher risk of triggering an audit than many other deductions.

Record Keeping – The Name of the Game 

If you talk to our friends at the IRS, they will tell you time and time again that the most important aspect of claiming your expenses and deductions is keeping adequate records. The IRS will suggest that you keep a separate bank account, make a record of all business transactions, and retain all your records. Record keeping and substantiation are particularly important for deductions for travel expenses, entertainment expenses and gift expenses. And, the IRS will always tell you that a receipt is ordinarily the best evidence to prove the amount of expense.

Is It All Worth It?

Should you take advantage of the expenses and deductions in the Internal Revenue Code? Absolutely, they are there for you. And beyond the home, and for another discussion, are ordinary business expenses, travel, entertainment, business gifts, automobiles, computers, furniture, equipment, etc. The IRS will tell you that those expenses and deductions are there for you as long as you don’t abuse them.

For more information on taxes and network marketing, read the article “Taxes and the Network Marketer,” visit our tax page (Internal Revenue Service (IRS) Advises Direct Sellers) or watch the video: What are the Central Tax Issues for MLM?

Visit us at www.mlmlegal.com to learn more.