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Article Titles

What insurance do I need when I rent a car?

Is your business eligible for a small business health care tax credit?

What you need to know if you are selling or buying a business.

 

Articles

 

What insurance do I need when I rent a car?

March 14, 2011

 

With the spring and summer travel season rapidly approaching, we receive phone calls from clients asking for guidance through the world of rental cars.  Unless you are a regular business traveler, this can be a very confusing and sometimes very costly concern.  We welcome your call, as everyone’s circumstances are different, and there is not one correct answer that applies to everyone.  With that in mind, the following are some guidelines:

  • First the easy part.  Most insurance policies, both Personal and Commercial, will cover your Liability exposures while driving a rented vehicle.  Therefore, you do not usually need to purchase Liability Insurance through the rental car company.
  • Coverage for the vehicle itself (Physical Damage).  Here it gets a little more complicated.  There are essentially four sources of coverage for the vehicle itself:
  1. Collision Damage Waiver, also known as “CDW,” purchased through the rental car agency.
  2. Coverage from your credit card company.  If you are going to use the credit card coverage, it is important that you understand their terms and limitations and that you use the proper credit card to charge your rental.
  3. Collision and Comprehensive coverage provided from your Personal Automobile Insurance policy.  You must have Collision and Comprehensive coverage on at least one of your vehicles in order for this coverage to apply.  In most states, any applicable deductibles will also apply to the damage.
  4. Personal Umbrella policies.  This is a bit tricky.  Some Umbrella policies will provide Physical Damage coverage to a rental car, sometimes without even a deductible.  Our agency recommends that you contact your insurance provider to find out if your Umbrella policy provides this protection, and we further recommend this coverage be utilized as a backup.
 
Here are the top ten reasons not to purchase a Collision Damage Waiver from the rental company:
 
  1. It is very expensive.
  2. Your Personal Auto policy may already provide the coverage.
  3. Your Personal Umbrella policy may provide the coverage.
  4. Your credit card may provide the coverage.
  5. The rental car company CDW usually doesn’t apply if you have had any alcoholic beverages to drink.
  6. Coverage from the rental agency may not apply if you drive the vehicle outside the state where you rented the vehicle unless you have requested permission to do so.
  7. The rental car company coverage may not apply when a non-listed person is driving--sometimes even your spouse.
  8. The rental car company policy may not cover damage caused by careless driving, and sometimes this term is not defined.
  9. You might find that the coverage provided by the rental car company applies excess over your Personal Auto Insurance, requiring you to prove that your Personal Auto policy coverage does not apply before this coverage (again, which was rather expensive) will pay for the damage.
  10.   There is oftentimes an exclusion in the coverage from the rental car company if you drive the vehicle off paved roads.  An unexpected dirt or gravel country road could cause you problems.
 
Some reasons to consider buying the coverage:
 
  • If you bring the car back damaged and have not purchased coverage from the rental car company, there will inevitably be a time delay in filling out the necessary paperwork, reports, etc., with the rental car company.  This could cause an interruption in your travel schedule.
  • The odds of having an accident while driving in a strange city in a vehicle you are not familiar with definitely increase.
  • If you have had claim activity on your Personal Automobile Insurance policy and you are in danger of a rate increase or cancellation as a result, purchasing the coverage through the rental car company may be a good option.
 
There are other factors that you may wish to consider, which we will be happy to discuss with you on your individual basis.  Applying the information contained in this report may help you make the best decision for your individual situation.
 
As always, please contact me at This e-mail address is being protected from spambots. You need JavaScript enabled to view it if you have questions or ideas for future articles or visit us at www.burkart-heisdorf.com for other articles.
 
 

Is your business eligible for the small business health care tax credit?

 

Guest article by Suttner Accounting
Chilton, WI
February 21, 2011 

 

On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act into law.  There are several provisions in the Act that take effect over a four-year period beginning in 2010.  Here we are focusing on one of those provisions: the Tax Credit for Employee Health Insurance Expenses of Small Employers.

This potentially lucrative credit could be as much as 35% of the cost of premiums paid by the company.  Three primary factors come into play in determining whether a business can take advantage of this credit:


1. The business must have fewer than 25 full-time equivalent employees.
2. The average annual wage of the eligible employee group must be less than $50,000.
3. The employer must maintain an arrangement under which the employer pays premiums
     for each employee enrolled in Health Insurance coverage offered by the employer in an
     amount equal to a uniform percentage (not less than 50%) of the premium cost.

It’s important to note that partners, owners, and their family members (spouses, grandparents, nephews, in-laws, etc.) are not eligible for the credit and are not included when determining the number of full-time equivalent employees and average compensation.
 
Consider the following hypothetical company:

      4 owners with compensation of $90,000 each
      5 family members with compensation of $50,000 each
      7 full-time employees with compensation of $40,000 each
     10 part-time employees who average 20 hours per week at a rate of $15 per hour
 
There are a total of 26 employees, with total annual compensation of $1,046,000.  At face value, it appears this company may not qualify, but let’s work through the details:
 
Step 1:  Calculate full-time equivalents (excluding owners and family members) based on
               payroll data using one of the allowable methods (actual hours, days worked
               method, weeks worked method)

               7  full-time employees with 2,080 hours per year   14,560
              10 part-time employees with 1,040 hours per year 10,400
                                                                                             24,960 
                                                                              Divide by   2,080
                                                                                                    12

Step 2: Determine average wages for full-time equivalents

               Total compensation        1,046,000
               Less Owners                      360,000
               Less Family Members        250,000
                                            Divide by       12
                                                           36,333

 

As you can see, this business is eligible for the credit.

Calculation of the actual credit becomes more complicated.  As mentioned above, there are various methods allowed to determine hours worked, there are options available that allow you to pool different types of employees and apply different methods to each pool, and there are caps in place for each state that could limit the amount of eligible insurance expense.  The credit also starts to phase out for businesses with more than 10 full-time equivalents and/or average compensation in excess of $25,000.
 
In the case of our hypothetical company above, they would have gotten a tax credit of 14% of the premiums paid by the company.  If the company paid $100,000 of premiums, they would receive $14,000 back in the form of a nonrefundable tax credit. 
 
If you think your business might be eligible, consider consultation with a qualified tax advisor or CPA, as they will be able to guide you through the details. 

Suttner Accounting, Inc. is a full-service public accounting firm with offices in East Central Wisconsin.

 

What you need to know when buying or selling a business.....

February 1, 2011

 

A recent issue of Trends stated that we will be going through an unprecedented time for business transitions, so I thought it would make sense to address some of the insurance issues involved in buying or selling a business.  The majority of sales are completed through an asset-purchase method; therefore, I will use that scenario for portions of this article.

Considerations for the Seller of a Business
 
Most Liability policies are sold on an “occurrence basis.”  This coverage form provides protection for the seller after closing their business and canceling their insurance for any covered occurrence that happened while coverage was in force.  However, sellers need to be concerned about coverage for future occurrences.  For example, an electrician finishes wiring a new home the week before he sells his business.  Six months later the owner of the home is electrocuted when he uses an electrical outlet for the first time.  If the prior businessowner canceled his insurance with the sale of the business, there is no coverage.
 
We suggest that sellers either purchase Discontinued Operations coverage for a period of time or contractually obligate the buyer of the business to provide coverage for them.  The concern is that we often see this obligation being violated, with the new owner dropping the coverage after the first year or failing financially.
 
Many sales are done in two parts:  The business operation is sold first, with the real estate being sold later.  The seller needs to decide if they are going to continue insuring the buildings or if the new owner will be obligated to cover the buildings and list the previous owner as an Additional Insured.  Either method can work, but I prefer that the seller insure the buildings for the following reasons:
 
  • The seller knows and controls the insurance coverages.
  • Loss of Rents coverage can easily be added to continue that source of income if a loss causes the rental income to cease during reconstruction.
  • Any payments from the insurance carrier are made directly to the seller.
 
Considerations for the Buyer of a Business
 
As mentioned above, most sales we see are completed through an asset purchase.  One reason is so the buyer can separate himself from the prior entity’s liabilities.  If there is no method of differentiating products that were sold prior to the asset purchase, then one of the major benefits of an asset purchase--separation of liabilities--has been compromised.  If prior production cannot be identified, the buyer may want to consider some method of identifying product sold after purchasing the business as protection from prior production.
 
It is important for the buyer to review all areas of coverage carried by the prior owner.  Values should be at Replacement Cost.  Previous losses should be reviewed so areas of higher frequency can be targeted and minimized.  If the buyer is making significant changes in the operation of the business, the insurance agent should review the coverages and rating basis.  In most cases, the business will carry the same Worker’s Compensation Experience Modifier, if any, as the prior entity.
 
Best of luck whether you are in the process of selling or purchasing a business. 
 
As always, please contact me at This e-mail address is being protected from spambots. You need JavaScript enabled to view it if you have questions or ideas for future articles or visit us at www.burkart-heisdorf.com for other articles.
 
 
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