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7 Replies Last post: Jan 13, 2008 11:21 AM by aallc01

#3 What documentation would I need?

Dec 6, 2007 6:33 PM

Click to view spiderman's profile Start-up spiderman 5 posts since
Dec 6, 2007

In an ongoing quest to find the answer to a very detailed question, this is the third in a series. The previous posts, I have outlined the need to hire a commission based sales staff and what compensation should be awarded. This question I ask is about the legal documentation required for commissioned based sales people. I do not want leave Just Math vulnerable to any liability from payroll taxes or other statutory obligations. Of course, we will seek the advice of an attorney and CPA prior to moving forward.


This question is - is it legal to pay a commission only pay structure for outside sales?

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Click to view LUCKIEST's profile SCORE LUCKIEST 7,935 posts since
Aug 6, 2007
1. Re: #3 What documentation would I need? Dec 6, 2007 7:40 PM
h1. I think that you have answered your
question.
Is it legal to pay a commission only pay structure for outside sales?

We will seek the advice of an attorney and CPA prior to moving forward.
Again Good luck, LUCKIEST

Click to view Ed O'Gee's profile Mogul Ed O'Gee 215 posts since
Oct 25, 2007
2. Re: #3 What documentation would I need? Dec 7, 2007 8:48 AM
Yes it is legal but you are not hiring employees, you are seeking independent sales reps, meaning they can sell your products and anything else. An independent sales rep will negotiate for a percentage of every unit or total sales of what they sell for you. You may also have reps that want reimbursement for travel and other expenses. The benefit for you is low overhead, no payroll taxes and you need only to produce 1099's for the guys that sell for you. The bad news is that the sales reps are not dedicated, the only real incentive to sell is the commission possibility. However, if your product has a long sales cycle or small margins, you may not attractive very good independent sales reps.
Click to view LUCKIEST's profile SCORE LUCKIEST 7,935 posts since
Aug 6, 2007
3. Re: #3 What documentation would I need? Dec 7, 2007 10:37 AM

Spiderman, Questions about "commissioned based sales people"

Will ALL of your sales representatives delivering a consistent and satisfactory sales performance?

Do
you know how to measure each rep's sales performance? .

Do you know how to communicate with your sales force in order to keep them enthusiastically selling?

Hope this helps, Again LUCKIEST

Click to view Lighthouse24's profile Mogul Lighthouse24 2,396 posts since
Oct 10, 2007
4. Re: #3 What documentation would I need? Dec 7, 2007 12:00 PM
in response to: LUCKIEST
Ed, Luckiest - In case you didn't see, this is the third of three questions (each somewhat involved, so I'm the one who suggested to spiderman that they be posted individually). The first in the chain is at:
http://smallbusinessonlinecommunity.bankofamerica.com/thread/2173

To provide the right answers for it (and the next two), I thought we needed a little more clarification. Once we receive that, I'm sure we'll be able to address this specific issue more directly.
Click to view LUCKIEST's profile SCORE LUCKIEST 7,935 posts since
Aug 6, 2007
5. Re: #3 What documentation would I need? Dec 7, 2007 4:12 PM
in response to: Lighthouse24
Lighthouse, as usual you are SO RIGHT.
LUCKIEST
Click to view CorpCons08's profile Mogul CorpCons08 1,128 posts since
Nov 14, 2007
6. Re: #3 What documentation would I need? Dec 7, 2007 9:14 PM
What is the need for a sales staff?
According to your profile, you are a non-profit after school learning center.
You could easily gain students to your center just by advertising with school districts.
You really aren't going to have a sales staff going door to door to schools soliciting students are you?
Click to view aallc01's profile Authority aallc01 26 posts since
Jan 9, 2008
7. Re: #3 What documentation would I need? Jan 13, 2008 11:21 AM
It is absolutely very legal and simple. You need to set a program that is results only oriented. I represent two companies that pay me on 100% commission. The sticky part is how do you pay just fro referrals, shared opportunities and full closure of deals. You need to outline all that!
I can help you with the set up and organization you want to create.
Let me know how I can assist you.

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