McCain vs. Obama on Small Business Issues

Pictured with his vice presidential running mate, Sarah Palin, Republican presidential candidate John McCain says in his Website that he wants government to:
Lower Energy Costs. Think "drill, baby, drill". McCain supports increased domestic exploration and drilling of oil and natural gas to increase energy supply and reduce crippling energy costs for small businesses. The McCain / Palin team wants to build 45 nuclear power plants by 2030 to create cheap electricity. $2 billion will be used annually to research the clean use of coal. Think "scrub, baby, scrub."
Hand Out Health Care Money: McCain wants the government to provide $5,000 for health insurance to every American family to help small businesses afford to offer health insurance to employees. However, he opposes costly mandates or "pay or play" requirements (referring to Obama's plan below) that he says will raise the financial burden on small business and cut an owner's ability to hire.
Cut Corporate Tax Rate From 35 To 25 Percent: As international "trade partners lowered their rates, America failed to keep pace. American workers deserve the chance to make fine products here and sell them around the globe."
Allow First-Year Deduction, or "Expensing," of Equipment and Technology Investments: American workers need the finest technologies to compete. To expense equipment and technology "will provide an immediate boost to capital expenditures and reward investments in cutting-edge technologies."
Reduce Estate Tax: McCain wants to reduce the estate tax to 15 percent and allow a $10 million exemption to allow families to better retain their businesses.
Prosecute “Bad-Actor” Employers of Illegal Immigrants: McCain will implement a secure, accurate and reliable electronic employment verification system to ensure that individuals are screened for work eligibility in a real-time fashion. Targeted auditing by the Department of Labor will be instituted in order to weed out abusive employers. McCain wants to implement a usable, market-based system for low-skilled workers to enter the United States in an orderly fashion while providing adequate worker protection to guard against employer abuses of temporary workers.
Expand Free Trade Agreements: "The U.S. should engage in multilateral, regional and bilateral efforts to reduce barriers to trade, level the global playing field and build effective enforcement of global trading rules. Export growth is the strongest part of our sluggish economy, and we should be encouraging the growth of even more jobs in this sector through more free trade agreements which give American firms more access to sell our goods and services abroad."

Democratic presidential candidate Barack Obama has a different vision of how the federal government can support small business owners. Gleaned from his website, the bullet points below spell out that the Barack Obama and Joe Biden team wants to:
Introduce a Small Business Health Tax Credit and Small Business Access to Low-cost National Health Exchange: Barack Obama will offer a new Small Business Health Tax Credit to help small businesses provide quality health care to their employees. The Obama Small Business Health Tax Credit will provide a refundable credit of up to 50 percent on premiums paid by small businesses on behalf of their employees.
Eliminate Capital Gains Tax for Small Businesses and Start-Up Companies: Barack Obama will eliminate all capital gains taxes on start-up and small businesses to encourage innovation and job creation. Obama will also support small business owners by providing a $500 “Making Work Pay” tax credit to almost every worker in America. Self-employed small business owners pay both the employee and the employer side of the payroll tax, and this measure will reduce the burdens of this double taxation.
Increase Minority and Women-Owned Small Business Access to Capital: Obama will implement the Women Owned Business contracting program that was signed into law by President Bill Clinton, but has yet to be implemented by the Bush Administration. Barack Obama will strengthen Small Business Administration programs that provide capital to minority-owned businesses, support outreach programs that help minority business owners apply for loans, and work to encourage the growth and capacity of minority firms.
Reduce Taxes for Rural Small Businesses through a 20% Tax Credit: Barack Obama will support entrepreneurship and spur job growth by establishing a small business and micro-enterprise initiative for rural America. The program will provide training and technical assistance for rural small businesses, and provide a 20 percent tax credit on up to $50,000 of investment in small owner-operated businesses.
Create a National Network of Public-Private Business Incubators: Obama will support entrepreneurship and spur job growth by creating a national network of public-private business incubators. Business incubators facilitate the critical work of entrepreneurs in creating start-up companies. Obama will invest $250 million per year to increase the number and size of incubators in disadvantaged communities throughout the country.
Crack Down on Illegal Immigrant Employers: Remove incentives to enter the country illegally by cracking down on employers who hire undocumented immigrants. The U.S. needs to do more to promote economic development in Mexico to decrease illegal immigration.
Raise the Minimum Wage: Barack Obama will raise the minimum wage, index it to inflation and increase the earned income tax credit to make sure that full-time workers earn a living wage that allows them to raise their families and pay for basic needs.
See Barack Obama's Plan for Small Business (pdf).
Photos courtesy of candidates' websites.
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Not being in a swing state, my vote is irrelevant. That being said, you both are wrong, but the reasons why are about as relevant as my vote would be.
What does matter for BMM readers is how the likely Democrat victory will affect franchisees, and that is a mixed bag.
We have already discussed card-check and that is a biggie. And there will likely be not merely an increase in taxes, but a continuation of the deficit spending we have had for the past 40 years. None of those are good things.
But there are potential positive developments. Most notably, there is a chance for limiting the application of pre-dispute arbitration clauses. Also there may be more willingness to have the FTC take a more aggressive posture, and perhaps even some legislation regarding relationship legislation. Also we are more likely to see some federalization of dietary standards, which does cut both ways but is better than the patchwork of local regulation which we are already starting to see.
It appears likely that one party will control all the levers of legislation and spending, and that is something which franchisees should begin adjusting to; complaining about a Democratic sweep is like complaining about the rain. It is coming, the question should be how to benefit from it.
Paul Steinberg
Franchisee Attorney, New York City, Ph: 212-529-5400
Paul Steinberg, Franchisee Attorney, New York City, Ph: 212-529-5400
FYI:
I am not an tax specialist, nor do I give tax advice.
In that venue, I'll just recollect an observation. Often business owners are able to offset income with additional payments on a property held by the s-corp. Another way to say this is there is no reason your muffler shop can't also happen to own a 4 flat. I understand you can potentially eliminate taxable dollars this way. When your 4 flat starts to turn a profit it is time to either refinance or acquire another property.
But once again just an FYI...
FuwaFuwaUsagi
FuwaFuwaUsagi
"Never underestimate the power of stupid people in large numbers."
Have you seen the latest fad?
I'm talking, of course, about the "Bark for Barack" dog leashes.
One source has told me that a consortium of franchises that service our canine friends on a daily basis, the doggie day care centers and pooch poop scooping businesses, are secretly the ones behind this brilliant marketing maneuver.
But rumor has it that the ice cream franchisor Maggie Moo's at the last hour is organizing a campaign of cow bell give-aways in response.
It says, "Moo for McCain".
There are a couple of effects. One, in general, this will lift a great administrative burden on small businesses in terms of compliance, two it will make more commerce laws local to the State, giving small businesses a slight edge in regard to understanding compliance. The secondary and very important effect this will have, is on State legislation. State’s that impose too large a burden on businesses relative to other State’s will find businesses tend to leave, this will reintroduce competition for businesses in States to all’s benefit. This will introduce competition for business between State’s.
One area that would impacted is education, an original intention interpretation of the 14th Amendment would reshape much of labor law, allowing companies to overtly seek ability in the market place and free educational institutions from acting as defacto education achievement filters, thus allowing institutes of higher learning to once again focus on academics. This then will allow us to regain or reign as the preeminent world class education provider.
FuwaFuwaUsagi"Never underestimate the power of stupid people in large numbers."
Footnotes:
#1 Special thanks to RIchard Solomon who keyed me in on this, in this forum a while back. I examined the issue and researched it at length. Solomon was correct in asserting how the commerce clause had been applied and research revealed its basis and find it is clearly a case of over stepping the intended bounds.
FuwaFuwaUsagi
"Never underestimate the power of stupid people in large numbers."
What a yawner!
Look, this is an easy decision if we follow the original intent of the founders:
When George Washington wanted to get elected, he made sure to have plenty of booze on hand for the voters. As Prof. Grymes reminds us, "alcohol was an essential part of Virginia elections ." (click on the link for details and a colonial recipe made with beer and brandy)
Alas, we have no Washington running for high office this year.
But we do have Cindy McCain, the beer heiress (who better to assist in the making of traditional Election Day Grog?). And Sara Palin's relatives own a gas station C-store , so we'll have plenty of potato chips and Slim Jims.
Against beer and slim jims, the Democrat ticket offers a "community activist" (ok, maybe he'll know where to get the good weed ) and a windbag Senator (about all he knows is where to get sale pricing on Polident).
My fellow Americans, the choice is clear.
Paul Steinberg
Franchisee Attorney, New York City, Ph: 212-529-5400
Paul Steinberg, Franchisee Attorney, New York City, Ph: 212-529-5400
It appears the fluffy one was female-dog slapped by Paul - LOL
FuwaFuwaUsagi
FuwaFuwaUsagi
"Never underestimate the power of stupid people in large numbers."
--
Jacob Stein, a very fine attorney in Washington, who writes a great monthly column for the D C Bar Journal, comments on believing the unbelievable this month. Inasmuch as FranWads do this all the time in making franchise investment decisions, it is humorous to consider some of the ridiculous things people at large seem to credit. After noting that we lawyers will believe anything anyone says if that person is a wealthy client, and that, as a group, lawyers are just professional believers of the improbable – to put it nicely, he points out that:
We believe that someone without job or assets can make monthly mortgage payments of $ 5,000 and should also be given a credit card. We believe that a person who passes a bar exam is qualified to give advice on matters of taxation, company structuring, international mediation, atomic energy regulations and franchise investments. We believe that someone who is to be electrocuted and who has a mental illness ought to be treated and rehabilitated so that he can qualify to be electrocuted.
He goes on to other issues, but these are the most to the point for this forum, I think.
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
This afternoon I am arguing against the sj motion brought by Defendants in the Wireless Toyz franchise fraud case, here in Fed Court in Houston.
At 3 p m I expect to be found at the bar of The Reef Restaurant in downtown Houston. Anyone in town for whatever who would like to talk about franchising or anything else is welcome to drop by.--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Fuwa writes: "free educational institutions from acting as defacto education achievement filters, thus allowing institutes of higher learning to once again focus on academics. This then will allow us to regain or reign as the preeminent world class education provider."
I just had a conversation with a client of mine about her daughter - who did a year at a University and is now working for a major hotel, while she saves money to go to a different University.
I stressed to her that a number of institutions, including banks and hotels provide for good training, and the barriers to an entry level position are low.
In my opinion, both Canada and the US need to make these entry level positions more socially attractive and stop insisting that every individual go to University right after High School.
Michael Webster PhD LLB
Franchise News
Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"
is extremely promiscuous. He wants to know how he can legally stop her from being that way. They are all voting Repubican. Is she like Palin's daughter, or just a hell bent fornicator, as the religious right seem to want to refer to all the girls we hoped we would be dating when we were dating?--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
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Michael writes:
In my opinion, both Canada and the US need to make these entry level positions more socially attractive and stop insisting that every individual go to University right after High School.
My reply:
I concur.
What may be interest to many is the reality that the major reason employers now want to see a four year degree is they are simply using it as a screening mechanism for rudimentary skills. In other words, because of Government intrusion into the private sector via the 14th Amendment many employers are not allowed to screen applicants for basic skills because it has been found to have a disproportional impact on certain minority groups. In order to get around this, for the past two decades, companies have started requiring a Bachelors degree for positions that do not need advanced formalized educational training. This has the effect of driving up the cost of higher education, deprecates the learning environment for all students, and lowers the market value of a college education.
It may interest you to know that one of the major software producers in this country competitively ranks its employees. I am privy to the top 200. What is interesting is while many of the top 200 have Phds, many have no college degree whatsoever. This emphasizes that the private sector understands that intellect is not necessarily tied to the level of educational achievement, although there is certainly a happenstance corollary.
Regards,
FuwaFuwaUsagi
"Never underestimate the power of stupid people in large numbers."FuwaFuwaUsagi
"Never underestimate the power of stupid people in large numbers."
Fuwa writes: " I am privy to the top 200. What is interesting is while many of the top 200 have Phds, many have no college degree whatsoever. This emphasizes that the private sector understands that intellect is not necessarily tied to the level of educational achievement, although there is certainly a happenstance corollary."
Programming is a bit odd. For example, in high school I developed a serious interest in sorting algorithms, took time off, and tried to implement different sorts. Had the turn around time not been about 8 hours for every different trick - this was in the mid 70's - I might have become hooked enough to spend a great deal more time on the project. I can see how excellent programmer develope without any formal accreditation, but I wonder how representative this example is.
Michael Webster PhD LLB
Franchise News
Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"
Actually it is not programming it is incubator lab stuff - architecture, new ways of computing, new paradigms etc...pure research...with no stated commercial value.
FuwaFuwaUsagi
FuwaFuwaUsagi
"Never underestimate the power of stupid people in large numbers."
I should state they hire business people like me who undersand paradigms to look at the raw research results and see if anything would have commercial value. We sort of mine the data looking for ways to turn research into useful products.
FuwaFuwaUsagi
FuwaFuwaUsagi
"Never underestimate the power of stupid people in large numbers."
I would take issue with Mr. Webster's view that we "stop insisting that every individual go to University right after High School."
In the US, the legal drinking age is set to coincide with the arrival of your first Social Security check. One can move to Quebec but then you have to deal with snotty gallic-wannabees and a tough currency conversion rate.
Or you can go to college (not necessarily University, MW--some of the community colleges have respectable beer bashes) and spend that 7 years till you graduate in parent-funded Nirvana.
Paul Steinberg
Franchisee Attorney, New York City, Ph: 212-529-5400
Paul Steinberg, Franchisee Attorney, New York City, Ph: 212-529-5400
Totally agree with guest,
Some of these policies don't go far enough while others go to far.
For example:
McCain wants to cut corporate taxes. Why not cut payroll taxes so small business can hire more employees? The $5,000 healthcare hand out will only be temporary not permanent.
On the other hand:
Obama seems to be all about boosting minority businesses. I work for a minority business and know we already have good programs in place. We need to get more minorities interested in taking risks and starting businesses. Raising minimum wages will NOT help small businesses. Small business health care tax will help, but at what cost and who pays.
I agree with both on the immigration laws, however we need to enforce the laws we already have in place. I also believe government handouts never seem to help any businesses, sounds like good policy but cost us all in the end. I also believe that energy costs can cripple a nation as fast as raising interest rates and health care costs. Lets drill!
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