Millennials, E-Commerce, and Denver Real Estate

Millennials, E-Commerce, and Denver Real Estate

Millennials, E-Commerce, and Denver Real Estate

Headlines and ratings have Colorado at the top. Denver has been consistently ranked as one of the best cities to live in by U.S. News and World Report. Denver was also first in 2015 and 2016 for best places for business according to Forbes. These accolades are in addition to the state’s impressive roster of colleges and universities, not to mention its luscious landscape and booming retail scene. This all translates into a desirable place to live, which affects your business decisions. A small business attorney will help you with all of your commercial real estate needs from setup to leasing or buying to protecting your assets.

The Millennials Are Coming To Colorado

Colorado has steadily become a migration destination in recent years, and according to a Denver Post article, there is an influx of millennials. Like many groups, millennials like to live in areas where there are other millennials, and this group uses social media to share their day to day experiences. This, in turn, contributes to a momentum of migration, which has a major impact on the real estate market. A Biz Journals article reports that Denver’s retail real estate market is expected to be the “world’s hottest” over the next few years, second only to San Francisco, and that the retail market will outperform all other global retail markets. With all of the positive reports and growth comes competition for space and rising rental rates. If you are renting commercial space for your small business, you may not be able to afford hikes in rent. As a landlord, tenants may be harder to keep or come by. Because the millennials are coming to Colorado in droves, there is a tight real estate market. A tight real estate market means there is more at stake, leading to more potential legal disputes. Careful review of your lease is critical in these times, and a small business attorney can help you with all of your contracts and agreements.

E-Commerce Is Everywhere, Even If Your Business Is Only In Denver

Defined as a transaction of buying or selling online, e-commerce has expanded rapidly over the years and is accelerating. Boundaries between electronic and conventional commerce have become blurred as more and more businesses move at least portions of their operations onto the internet. All businesses employ some form of electronic applications whether through email, online catalogs, e-newsletters, digital coupons, social media marketing, or countless other transactions. Amazon, an e-commerce revolutionary, just opened its first fulfillment center in Aurora, Colorado and is reportedly looking for a downtown Denver office location. While a 452,000 square foot industrial location is not exactly small retail real estate, having big e-commerce and tech companies opening offices in Denver affects all sectors of commercial real estate, employment, and retail. So whether you have a brick and mortar storefront or work from home, a small business attorney can advise you about operating in an increasingly virtual market in conjunction with an increasingly competitive real estate scene.

Owning Or Leasing Retail Space In Colorado

You know Denver is the place for your small retail business. You confidently cater to tech savvy and discerning tastes. You have a solid online presence. So, what do you do if your retail space no longer meets your business needs? What if you cannot afford increasing rent costs? It may be time to find another option or location. If you are unsure of the future of your business and its size, you may be better off continuing to lease or sublease. However, if you want to stay in a particular district or neighborhood and have no plans to expand, then you may want to buy rather than rent. A small business attorney will help you decide whether to rent or buy and guide you through locations and spaces as well as the accompanying leases and contracts.

If you need help with your e-commerce and Denver real estate options, contact me, Elizabeth Lewis, at the Law Office of E.C. Lewis, P.C., home of your Denver Small Business Lawyer. Phone: 720-258-6647. Email: elizabeth.lewis@eclewis.com

Contact Us Today

Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

Online at:

Real Estate Services for Business Owners

Elizabeth Lewis provides the following real estate law services to small and medium sized business owners in Denver and throughout Colorado:

  • Commercial real estate purchases
  • Legal review of commercial real estate leases
  • Protecting your assets

Accessing Your Colorado Tax Record with Revenue Online

Accessing Your Colorado Tax Record with Revenue Online

Accessing Your Colorado Tax Record with Revenue Online

Colorado small businesses benefit from a variety of initiatives aimed at making it easy to fuel the entrepreneurial fire, such as the easy to use website for the Colorado Secretary of State, where you can accomplish a huge variety of business startup tasks with just a few clicks of your mouse! Another excellent resource for individuals operating small businesses in the state of Colorado is called Revenue Online – a website managed by the taxation division of the Colorado Department of Revenue. Since this year’s first quarter tax filings are in the rear view mirror, this is a good time to think about looking ahead and making access to our Colorado tax records easier. How? Once you have filed your first tax return in the State of Colorado, you should consider signing up for an account to gain easy access to your tax records and a broad variety of services.

Things You Can Do with a Colorado Revenue Online Account

This is just a partial list; visit the Revenue Online site to see all of the tasks and information you can access with an account: For Individuals Taxpayers who create a Login ID will have access to their Colorado tax accounts. Taxpayers will have the ability to view their return history, view previous correspondence sent by the Department, and make electronic payments. You can also:
  • Amend a Return
  • Change Your Address
  • File a Protest
  • View Account Balances
  • View Your Payments
  • View Your Letters
  • View and Print Your Returns
For Businesses Businesses that create a Login ID will be able to file and pay a variety of taxes including Sales Tax, Withholding Tax and Corporate Income Tax. Plus
  • File or Amend a Return
  • Change Your Address
  • File a Protest
  • View Account Balances
  • View Your Payments
  • View Your Letters

Signing Up for a Colorado Revenue Online Account

For the most part, gaining access to your tax account via Revenue Online is a simple process, however, you need to be aware of an exception with regard to individual income tax accounts. For security reasons, you cannot obtain access to individual income tax accounts until you first acquire what is called a Letter ID number. The Letter ID number is exactly what it sounds like – an ID number associated with a letter from the Colorado Department of Revenue. If you have a recent letter from the Department, you can simply use the Letter ID number located in the upper right corner the letter – it doesn’t matter what the topic of the letter is. If you do not have a recent letter, you may request a Letter ID number on the Revenue Online website under “Additional Services” and “Request a Letter ID” (see image below). Revenue Online Services screenshot A letter containing the “Letter ID” number will be sent by postal mail to the address on record with the Department (so make sure yours is current before you submit the request!). It might take up to 10 business days to receive the “Letter ID” letter, but once you have it, you will be able to create a Revenue Online account for your individual income tax account, which is important if you are a single member Limited Liability Company because as such you will have filed your business taxes as part of your personal return. When you are ready to go, visit Revenue Online in your computer Web browser at www.Colorado.gov/RevenueOnline. To sign up for you account, you will need:
  • Taxpayer or Business Name
  • Tax ID Number, such as Social Security Number or ITIN from the IRS; Federal Employer ID Number (FEIN) or a Colorado Account Number (CAN) assigned by the Department
  • Address associated with your tax account
Once you have completed the registration process, you will receive an email that tells you whether you were able to get access to the account. Make sure to check your Junk email folder if you do not see the email in your Inbox – the email Subject line will say: Colorado Department of Revenue – Revenue Online Account Access Complete and will contain an Authorization Code that you will use the first time you log in, after which you will create your own password for the account. If you need help with your business taxes or business tax planning, contact me, Elizabeth Lewis, at the Law Office of E.C. Lewis, P.C., home of your Denver Small Business Lawyer. Phone: 720-258-6647. Email: elizabeth.lewis@eclewis.com

Contact Us Today

Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

Online at:

Real Estate Services for Business Owners

Elizabeth Lewis provides the following real estate law services to small and medium sized business owners in Denver and throughout Colorado:

  • Commercial real estate purchases
  • Legal review of commercial real estate leases
  • Protecting your assets
Employee References – How to Tell the Truth and Avoid a Lawsuit

Employee References – How to Tell the Truth and Avoid a Lawsuit

Employee References – How to Tell the Truth and Avoid a Lawsuit

As a small business owner, you are likely the boss and human resources (HR) department all in one. This means the unfortunate task of firing an employee is yours. Once the dreadful termination is done, you are relieved and ready to move forward. Then, a month later, you get a call from a prospective employer asking for a reference for the employee you fired. Before you panic, decline, or say too much, know your rights.

Employee Job Performance, Skills, and Abilities

In Colorado, employers cannot be sued for providing information about former employees unless the information given is false. In many cases, you are protected from liability for certain types of information you give out, like the employee’s job performance, including work-related skills, abilities, habits, suitability for reemployment, and reasons for separation. However, you should not give any of this information out without talking to a small business lawyer about your specific situation as you could be liable for even giving out this information. There are enough bad cases and an endless number of potential circumstances that can leave you feeling vulnerable. A small business attorney will help ensure you stay compliant with Colorado state employment laws, from hiring your first employee to increasing your workforce to deciding to let someone go.

A Fortune article compares employment references to a legal hornet’s nest. Most business owners are well aware that they can be sued for defamation for badmouthing someone in a reference, but not many realize that you can be sued for giving a raving reference that does not match up to the employee’s performance in their new position. It is no wonder some employers shut down any requests for references.

Until you speak with a small business attorney, you should only answering the “who, what, and when” (i.e. job title, salary, and dates) of a former employee’s history. If you feel you need to answer more, for example because there are details that may be critical for a potential employer, speak with an attorney. What if you fired the person for frequent absence, poor performance, or grave misconduct? If you are reluctant to disclose such details, you can use a general comment like “I would really prefer not to say”.

Former Employees and Written Records

Some states have enacted service letter laws that require employers to provide former employees with basic written information about their employment – however, Colorado law does not affirmatively require it. Visit the Colorado Department of Labor and Employment for information on state labor laws that outline what employers can disclose about their former employees.

Hopefully, if you have had to fire an employee, you maintained documentation of the employee’s history with your business, particularly the details leading up to their termination. Despite your best efforts, they may blame you for their inability to obtain a new job, claiming slander or libel from your reference (or lack thereof). By speaking to a business lawyer before speaking to a potential employer, you can avoid or protect yourself from a lawsuit. Here are some precautions you can take.

Make a company reference policy. Be sure all of your employees are aware of the policy. If there are other staff members who are responsible for HR, make sure they know the policy well.
Keep it short. Do not volunteer extra or unsolicited information. It is best to keep your references short and to the point.
Provide only the facts. Keep your references as factual as possible. The truth is your best defense against defamation claims.
Designate who can give references. Select the most discrete and trustworthy employee, other than yourself, to give references. The more experience the person has with giving references, the less likely they are to say something wrong.
Create a reference request form. Include a statement about the possible disadvantages that are inherent to the reference process. This will provide you with another level of protection from liability. Requiring employees to review and fill out the form will supply you with detailed documentation as well as the right to decline a reference request if the employee did not fill out the form.

Employment Law is Complex

Employee references are just one small part of the large area of employment law. With its complex regulations and compliance requirements, employment law covers vast topics, such as contracts, hiring, and working with employees. The U.S. Department of Labor publishes an employment law guide for small businesses to develop employer policies on wages, benefits, safety and health, nondiscrimination and disclosure. For more on Colorado employment law essentials, see 7 New Business Essentials in Colorado Employment Law.

If you need help with employee references or employment law in general, <ahref=”http: www.eclewis.com=”” contact=”” “=”” target=”_blank”>contact me, Elizabeth Lewis, at the Law Office of E.C. Lewis, P.C., home of your Denver Business Lawyer. Phone: 720-258-6647. Email: elizabeth.lewis@eclewis.com

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Contact Us Today

Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

Online at:

Real Estate Services for Business Owners

Elizabeth Lewis provides the following real estate law services to small and medium sized business owners in Denver and throughout Colorado:

  • Commercial real estate purchases
  • Legal review of commercial real estate leases
  • Protecting your assets

The Five C’s of Software Licensing

The Five C’s of Software Licensing

The Five C’s of Software Licensing

Software licensing can be a daunting combination where the perplexing realm of technology meets legal jargon. Defined as legal documents or contracts that govern the use and distribution of software, these licenses provide necessary protection for your business. Without proper licensing, you may be prone to someone stealing your intellectual property, or you may unwittingly commit copyright infringement. As a small business owner, it is essential to understand the importance of software licensing in order to protect your business’s brand or product and to avoid illegally using someone else’s. When the terms and contracts are beyond an IT issue, Attorney Elizabeth Lewis will help you work through it. Here are 5 essential areas of software licensing.

  1. Copyright
  2. Contracts
  3. Codes
  4. Confidentiality
  5. Compliance

1. Copyright

Whether you are a mom and pop store or an expanding enterprise, your intellectual property is as valuable as your merchandise. A lot of work goes into creating marketing concepts, a logo, a business plan, and overall operations/procedures. If you neglect to protect these assets through software copyright, you will be defenseless against others profiting from what you created. Registering your software copyright with the U.S. copyright office reinforces your copyrights, especially if you ever have to take someone to court. A small business attorney will help you determine what aspects of your business – a website, a product, or an idea – need to be protected by a software license.

2. Contracts

No one hires a disgruntled employee, but people can become dissatisfied over time and want to damage your business. There are contracts to safeguard your company from any employees who may try to exploit the knowledge they have accessed while working for you. Non-compete agreements are clauses under which employees cannot create businesses like yours while you employ them or start a similar one for a determined amount of time after they leave your employment; however they are only allowed in certain situations in Colorado so it is important to know if one will really protect you or if you need to use other means as well. Other employment agreements state simply that you own any work that your employees do for you. Confidentiality agreements protect your trade secrets and prohibit others from giving damaging insight into the operations of your business. An attorney will
help you take all of the necessary precautions to protect your intellectual property and represent you in the event of these types of theft.

3. Codes

Open source code licenses allow anyone to use, modify, and share your licensed software. You may not be able to govern every single user’s actions, but you are still protected as the original creator and are entitled to credit for your contributions. These licenses can make it easy for others to share, contribute, and build upon your project without having to obtain special permission. Issues with noncompliance and proper licensing can arise when using open source code licenses. An attorney will help you with these issues as well as any open-source versus proprietary software dilemmas.

4. Confidentiality

Your business’s success depends on your competitive advantage, something you can maintain by protecting your intellectual property. Keeping your trade secrets a secret takes measures, including confidentiality agreements and nondisclosure agreements. Software licenses keep some of your most valuable information – ideas, practices, applications, websites – safely guarded.

5. Compliance

We have all scrolled rapidly to the end of the terms of an agreement and clicked “I agree” without necessarily comprehending or even reading all of the words. As a software user, it is crucial to obtain your software through legal means, know precisely who is allowed to use it and how many copies are covered by the license, and read and understand the license agreement. Many small business owners do not purchase enough copies of software, thinking they can use one copy for everyone. This will inevitably lead to consequences from having your software disabled to facing huge fines or litigation. A small business attorney will ensure you have taken the necessary precautions and represent you in the event of a software licensing violation.

If you need help with software licensing, contact me, Elizabeth Lewis, at the Law Office of E.C. Lewis, P.C., home of your Denver Business Attorney. Phone: 720-258-6647. Email: elizabeth.lewis@eclewis.com

Contact Us Today

Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

Online at:

Real Estate Services for Business Owners

Elizabeth Lewis provides the following real estate law services to small and medium sized business owners in Denver and throughout Colorado:

  • Commercial real estate purchases
  • Legal review of commercial real estate leases
  • Protecting your assets

Setting Up Your Home Business in Denver

Setting Up Your Home Business in Denver

Setting Up Your Home Business in Denver

A home business is characterized by its location, size, and number of employees. Typically, it is a small business operated out of a residence with one or very few employees who are often family members. You may work from a home office with an outside product or service, or you may have a designated space to showcase your product and accommodate clients. Regardless of your model or vision, running a home business takes a lot of time, patience, and research. There are federal, state, city, and even neighborhood guidelines to consider as well as specific tax rules. And, when you think you have a handle on the intricacies of operating a home business, there can be surprises or issues you never knew existed. A small business attorney will assess your home business structure and help you stay compliant with zoning and tax regulations, minimize your liability, and maintain a clear and competitive identity. This post will cover four major areas for small home business owners.

  1. Managing Operations From Your Home
  2. Regulations for Establishing a Home Business
  3. Taxes Rules and Deductions as a Home-based Business Owner
  4. Validate Your Home Business from the Start

1. Managing Operations From Your Home

Despite the many challenges and pitfalls of owning a home business, you are in very good company. According to the U.S. Small Business Administration, more than half of all U.S. businesses are based out of an owner’s home. Well-known brands like Apple, Hershey’s, Mary Kay, and Ford Motor Company all started out as home-based businesses. But, before you daydream about your empire or try to decipher all of the zoning and tax laws, you must consider some basics of running a home-based business. Can you see yourself managing your operations from your home? Do you have the right space? What will it cost to reconfigure the space? Is your family on board? Will work-life balance be a problem? It is important to have a designated area for your business operations so that your entire home does not become a constant reminder of work to be done. A small business attorney will help with your home business formation from R&D to optimizing your success and work-life balance.

2. Regulations for Establishing a Home Business

Once you have determined that a home setting will support your business, there are numerous legal guidelines you must follow. Denver has specific ordinances, limiting the type of business that can be operated from a home as well as the impact it has on surrounding residences. The permitting process for establishing a home business includes a zoning permit. Even if you are a one-person day care, if you are doing business from your home and use your home address as a business address, you need to obtain a zoning permit. These set the standards for size and location of structures and appropriate uses for your property. Be sure your intended business is in compliance with the Denver Zoning Code. In the event construction is required to convert your home work space, Denver requires inspection and permitting for building code standards to protect and ensure public welfare. This is conducted after zoning permits have been issued. Some home businesses may require additional permits, licenses, or inspections. Child care and food preparation businesses, for example, require a business license. Your attorney will keep you in compliance with local regulations, including home-owners association regulations, as well as ensure you have the right insurance coverage.

3. Taxes Rules and Deductions as a Home-based Business Owner

In addition to zoning requirements, you are subject to intricate tax rules and deductions as a home-based business owner. You are allowed to deduct part of your real estate taxes, mortgage interest, rent, utilities, insurance, depreciation, and certain other expenses. These deductions only pertain to the portion of your home designated as a place of business. If you want to maximize your deductions, it is essential to maintain accurate records of how and where you conduct business in the home. A small business attorney will determine if you should change the way you do business in order to save money on your taxes and decrease your liability in the case of accidents.

4. Validate Your Home Business from the Start

There are many perks to having a home business. Working from home affords you more versatility and flexible schedules, which also helps to entice the right employee(s) if you are looking to expand your business. A home office can add thousands to the price point of your home – a great asset in Denver’s housing market. So, with all of the plans, permits, forms, insurance, and licenses in place, your home business will be up and running. How, then, do you instill confidence in your customers? There are a few easy ways to help validate your home business from the start. Use a physical street address instead of a P.O. Box; this will also increase your search engine rankings. Do not underestimate the impact of printed marketing materials. Something as simple as a business card can serve as a physical reminder of your business. Your online presence is, of course, extremely important. Engaging new and current customers via social media or blog post on your website will legitimize your business further. These are great tools for you and your customers to share success stories and great experiences. Finally, collaborate with the right people who may have expertise where you do not. A small business attorney will partner with you to create the best possible business formation and see you through the process and growth of your home business.

If you need help with your home business, contact me, Elizabeth Lewis, at the Law Office of E.C. Lewis, P.C., home of your Denver Business Lawyer. Phone: 720-258-6647. Email: elizabeth.lewis@eclewis.com

Contact Us Today

Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

Online at:

Real Estate Services for Business Owners

Elizabeth Lewis provides the following real estate law services to small and medium sized business owners in Denver and throughout Colorado:

  • Commercial real estate purchases
  • Legal review of commercial real estate leases
  • Protecting your assets

5 Crucial Areas of Commercial Real Estate Law for Colorado Businesses

5 Crucial Areas of Commercial Real Estate Law for Colorado Businesses

Real estate law is a broad and complicated legal area. Colorado is no exception with a tangled mass of statutes on everything from discloser and zoning laws to insurance and contract laws. Whether you lease or own your business location, you will likely encounter a property law issue at some point. Attorney Elizabeth Lewis, MS, JD can help guide you through real estate law at every level before it affects your business. The following post will discuss five crucial areas of commercial real estate law for Colorado businesses.

  • Landlord/Tenant Laws
  • Disclosure Laws
  • Zoning and Land Use Laws
  • Contract Law
  • Insurance Laws

Landlord/Tenant Laws

Whether you own or rent your business space, landlord/tenant laws are designed to protect the rights of both sides who have entered into a rental or leasing agreement. There are numerous areas within these laws, including taxation, right of privacy, payment of rental fees, disclosures, duration of agreements, and right to terminate agreements. As a Colorado business owner, it is essential to comply with state laws in order to prevent violations. It’s a good idea to hire a Colorado-based attorney to advise you on all of your real estate and leasing issues from initial set up to lease/contract review to protecting your assets.

Disclosure Laws

Before you buy or rent a business space, you want to know everything you are getting into. Are there any toxic substances, like asbestos or lead paint? Does the building have energy use restrictions or accessibility inspections? You may have found the perfect location, nestled in the bustling heart of downtown Denver, but it is important to know what you may not readily see. Like other real estate laws, discloser laws vary from state to state and deal with the location, condition, and restrictions of the property. Furthermore, a commercial lease and residential lease differ greatly and are subject to different laws. A small business attorney will review and advise you on existing or potential factors before you are ready to lease or buy a retail space.

Zoning and Land Use Laws

Your real estate choice, whether you operate out of a home office or huge warehouse, will affect your business. Commercial real estate can be divided into several categories, including office buildings, industrial, retail, restaurant, multifamily, undeveloped land, and more. Each of these properties are subject to Colorado state zoning and land use regulations.

Besides determining taxation, these laws define and enforce how a property is used. As a business owner, you already have a checklist a mile long when it comes to choosing your location – rent or buy, physical space, length of lease, affordability, renovations, maintenance, competitors, specifications for signs, accessibility, and much more. Learning that you must apply for rezoning to the local board is not something you want to add your list, and it does not guarantee that your application will be accepted. With the expert advice of an attorney, you can navigate through these real estate laws in order to select the perfect location.

Contract Law

After you have decided whether to buy or rent, reviewed the terms of disclosure, and confirmed zoning, you will enter into a contractual agreement. Specifically worded and structured, these legally binding documents are meant to stand up to any challenges by a landlord, tenant, or outside entity. Many savvy business owners have agreed to the terms of a contract only to fall victim to some unforeseen loophole or unintentional breach that leads to litigation. In this event, an attorney will represent you and help protect your business.

Insurance Laws

Based on the space you occupy and the business you operate, you are required to have certain insurance. This is to protect your investment and cover any property loss or liability issues. The type(s) of insurance you purchase depends on your status as lessor or lessee, the number of employees you have, as well as any building ordinance or state laws. In the unfortunate event of an accident, burglary, fire, or other disaster, additional insurance can help to cover the aftermath of damage to your business. A small business attorney can help you decide what coverage is right for you.

If you are a landlord or a tenant who needs help with Colorado commercial real estate, contact me, Elizabeth Lewis, at the Law Office of E.C. Lewis, P.C., home of your Denver Small Business Lawyer. Phone: 720-258-6647. Email: elizabeth.lewis@eclewis.com

Contact Us Today

Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

Online at:

Real Estate Services for Business Owners

Elizabeth Lewis provides the following real estate law services to small and medium sized business owners in Denver and throughout Colorado:

  • Commercial real estate purchases
  • Legal review of commercial real estate leases
  • Protecting your assets