Schwartz & Schwartz PC - CPAs’ Post

This amnesty will only apply to payments made to contracted dentists, not to dentists who are common law employees. Whilst it is good news that an amnesty has been announced, this indicates that the Queensland Revenue Office will be seriously investigating dental practices moving forward. While we cannot be certain at this time as to the approach that other States may take, it is reasonable to suspect that other states may also be looking into the liability of dentists for payroll tax. You should review your service agreements and seek professional advice about whether you should apply for the amnesty or change how your business is structured, we will publish further information shortly regarding the amnesty here: https://loom.ly/_aaY3eM Any dental practices who have been the subject of an adverse payroll tax audit prior to 30 June 2025 should also seek professional advice about whether the amnesty may have retroactive effect. For further details on the amnesty you should read: - https://loom.ly/TNNe9uM

A Suspension Is a Suspension by Bernie LeBlanc is the latest Regulation Pro blog entry: https://lnkd.in/g3uNEfq6 #professionalregulation Ontario’s Divisional Court has upheld a finding that a registrant engaged in professional misconduct by trying to circumvent the impact of a suspension. In Casella v. Ontario (College of Chiropodists), 2024 ONSC 899 (CanLII), the registrant (a chiropodist) was, after a discipline hearing, suspended for seven months for “fraudulent business practices”. During the suspension the registrant’s website continued to portray him as the only practising chiropodist at the office. The registrant also sterilized instruments after hours. Finally, the registrant paid himself his usual salary out of the billings of the locum who took over his clinical practice. This conduct was found to have circumvented the intent and effect of the suspension. The registrant was suspended for a further nine months, had restrictions imposed, and was ordered to pay $70,000 in costs. On appeal, the Court upheld the finding that the registrant had circumvented the suspension. In terms of the website, the Court agreed that this was not a minor breach or oversight, saying: “The website was the Appellant’s primary presentation of himself to the public as a professional where he continued to hold out his status as a chiropodist open for business.” The Court agreed that this one omission had separate aspects supporting four findings, including that the registrant had misrepresented his registration status; “had issued a false document; engaged in disgraceful, dishonourable, or unprofessional conduct; and breached the suspension order.” Even though sterilizing instruments was not an activity limited to registrants, under the regulator’s policy, a registrant had to take responsibility for its performance. In terms of profiting from the practice while suspended, the Court said: The Appellant knew that he was required to turn over his practice, which he never really did. Instead, he figured out a way to make money from it without fully handing it over. In fact, as the Committee found, he paid himself the same salary while he was suspended as he did before he was suspended. From a protection of the public perspective, allowing members to operate in this way during a period of suspension would undermine the deterrent effect that suspensions are supposed to have on members’ conduct. Given the context, there is no palpable or overriding error in the Committee’s finding that the Appellant breached the June 2021 Order by benefitting from the practice of chiropody. The Court did not accept the argument that the regulator could not act because there was no explicit regulation or policy in place at the time stating that a suspended registrant could not profit from their practice while suspended even though other regulators had such provisions. [see link for the entire blog]

Noncompete Ban Struck Down – What It Means for Dentists Federal Ruling Against the FTC's Noncompete Ban: A federal judge in Texas, U.S. District Judge Ada Brown, ruled against the Federal Trade Commission's (FTC) April 2024 ban on noncompete clauses in employment contracts. This decision means that employers can continue to use noncompete agreements for now. Ban Was Set to Take Effect in September 2024: The FTC's ban, which was scheduled to go into effect on September 4, 2024, would have prohibited employers across the U.S. from enforcing existing noncompete agreements and from requiring new employees to sign such clauses. FTC's Authority Questioned: Judge Brown's ruling stated that the FTC lacked the authority to impose a nationwide ban on noncompete agreements, thereby allowing employers, including dental practices, to maintain these clauses in their employment contracts. Advice from the American Dental Association (ADA): ADA President Linda Edgar, DDS, has recommended that practice owners with existing noncompete agreements and employee dentists who are subject to such clauses consult with a lawyer regarding the ruling and its implications. Uncertain Future for the Ban: It remains unclear whether the FTC will appeal the ruling or seek an emergency order to enforce the ban during the appeal process, as mentioned in an August 23rd news release from the ADA. What This Means for Dentists: Dental practice owners should review their current noncompete agreements, seek legal advice to understand how this ruling impacts them, and prepare for any potential changes should the FTC appeal or seek further action. #Dentistry #LegalUpdates #NoncompeteAgreements #DentalPractice #FTC #AmericanDentalAssociation #BeckersDentalDSOReview #DentalComplianceInstitute Beckers Dental DSO Review (2024).

Your staff and providers keep your practice running and patients coming through the doors. As a practice owner, we know you’re eager to pay your people for a job well done. Of course, compensation structures aren’t always cut and dry at aesthetics practices. Thinking you may want to compensate referral sources or pay providers commissions? Not so fast. Navigating federal and state regulations regarding compensation compliance is essential to avoid legal pitfalls and penalties for your medical aesthetic practice. Our latest article provides an overview of these key issues and offers guidance for medical spa owners on how to remain compliant while compensating medical providers and staff. Our next article in this series gives a comparative analysis of some state laws that impact med spa compensation. Stay tuned! https://lnkd.in/gUHRcnnQ

After multiple legal rulings, a federal court ruling has blocked the FTC's noncompete ban from taking effect. Dive into our latest blog post for a detailed breakdown and what steps you should consider next. #DentalPractice #Noncompete #FTC #LegalUpdate #DentalLaw #Dentists #DallasDentalCPAs https://bit.ly/3yK5h9r

Today we're sharing a great article written by our long-time contact and Dental Attorney Jonathan Eskow: * FTC Invalidates Almost All Non-Competes, Including Those In Existing Contracts * Whether you are a practice owner, partner, or associate/employee, there is a good chance that a restrictive covenant or non-compete agreement has been part of your practice dynamic. The paradigm of restrictive covenants has left a lot of confusion and differing ideas in the past: - Will this covenant hold up in court? - What are the consequences of breaking the covenant? - What’s the difference between non-compete and non-solicit? - Is the covenant stronger because there’s financial consideration built in? - How strict is the distance restriction? - Does this covenant inhibit a dentist from making a living? All these questions and more suddenly take on a different and most likely less significant meaning with the recent U.S. Federal Trade Commission ruling banning non-compete clauses. It has the potential of drastically impacting or changing dental practice employment contracts, how Associates are considered and treated, and long-term career and practice planning. Read the full article including Jonathan's "Top 8 Things To Know ABout the FTC Ban" on our site at https://ow.ly/c79q50S0Xnr #noncompete

Our Business Directory links dental clinics with essential service providers such as legal, accounting, IT, and design professionals. Build a supportive professional community and access the services you need to thrive. If you want to stay up-to-date with us, follow our Page. #DentalBusinessDirectory #ProfessionalNetworking #BusinessSupport #DentalIndustry #ServiceProviders #DentalCommunity #LegalAccountingIT #ProfessionalGrowth #DentalSuccess

Very happy to be presenting on behalf of Heaps & Doyle with MNP and Synergy Business Lawyers LLP Transitioning in Today's Market. Come see us Thursday morning at 8:30 VCC West - Room 215/216. #PDC2024. Transitioning in Today's Market —— Presented by Heaps & Doyle —— Thursday, March 7, 20248:30 - 11:00VCC West - Room 215/216 Brian Rudy Matthew O'Brien Calvin Carpenter Operating a successful, profitable dental practice has become increasingly more challenging. This session will provide insights and discussions on the following points: Increasing interest rates – the impact on cash flow and valuations Inflation Human resource challenges Creating a good team: Consistent and efficient Taxes – minimizing and managing Corporate dentistry – what is the current impact Legal issues to consider Current trends in practice values Planning to transition – where and when to start Common problems with transitioning Learning Objectives: 1. Understanding the current dental market; private and corporate perspective 2. Tax and Accounting considerations when planning to transition or sell 3. Legal aspects with regards to contracts; Human Resources and Associates 4. Going from your current role to the next phase of your career 5. Question period with an experienced professional team

In this webinar, Arun Mehra FCA, will share his insights as to how to set up a successful accounting and finance function for your Dental Group (2 or more practices)

🛑 OPTOMETRISTS ...NEW ARTICLE ALERT -FTC Eyeglass Rule and Contact Lens Rule Recently, PCS has become aware of an apparent increase in violations of the prescription release requirements under Federal law. An update on the requirements of these laws appears in order. ⬇ https://lnkd.in/eYS4fuBf 🤓 Optometrists....HIPAA/OSHA/HR Compliance is a lot easier when you have a team that understands your business... Whether you’re a PCS user or not, we want to be an asset to your practice. That’s why we publish guidance related to every area of compliance we cover, from interesting explorations of state HR laws and the latest news in our industry, to common audit triggers and how to avoid them. Please feel free to browse the categories below, and if you have any questions, don’t hesitate to reach out to the PCS team! 🎯Resources Page @ https://lnkd.in/gzW2372d 👉 Visit PCSCOMPLY.COM for a DEMO @ https://lnkd.in/ezGXZHhM 📲 Call 1-844-626-6759 ✅ Remember to "Like" and "Share"