Negotiating with The IRS

Okay, I know the mere mention of those three letters cause shivers to go up and down our spines, but that will be a thing of the past! My course on " How to Negotiate with The IRS" will be out soon, and dealing with the IRS will never be the same!!!! Be sure to visit my blog on a daily basis or at least a couple of times during the week to find out when my cutting edge course is released. Better yet, sign up for my Free Newsletter and get notified first - Click Here

Talk to you soon.

Be well and to your success.

James A. Gage
www.NegotiatingForALiving.com

Negotiating For A Living: 2010

Hello All:

Well, here we are at the brink of 2010! The past year was a great and profitable year for those of us who have taken our negotiating skills to the next level. In the coming year I will share with you, my faithful subscribers, some new strategies and tactics I'm currently using to bring in consistent cash flow in a down economy.

That being said, on behalf of myself and everyone here at Negotiating For A Living may the New Year bring you and yours many blessings and success in all your endeavors.

Happy New Year.

James A. Gage

www.NegotiatingForALiving.com

Negotiating Wishes

On behalf of myself and everyone here at Negotiating For A Living we wish to wish you and yours a Merry Christmas and a Happy Hanukkah.

As we rest and spend time with our loved ones and families, let's get ready to make 2010 the best year yet!

Peace be with You.

James A. Gage

Negotiating Tip: How To Keep in Control of Negotiations

How do you keep in control of negotiations has been an age old problem since the time of the Romans. Many times the negotiations start out with you in control, and rapidly spiral out of control allowing your opponent to gain control and eventually claim victory in the negotiations.

So here is the million dollar question, how do you prevent this from happening? Good question, I’m glad you asked! Let’s say your in the heat of negotiations and suddenly you feel the scales of power tipping in favor of your opponent – what do you do?
Do you sit back, let it happen and chalk this one up in the lose column? Do you become argumentative and get up and leave? Or do you take what you can get, and walk away with the notion that something is better than nothing?
Absolutely not! You employ a tactic known as a side bar : definition: a discussion between the judge and attorneys at the bench off the record and outside the hearing of the jurors or spectators, often focusing on issues other then the main issue.

So this is what you do. You have 2 choices, you can ask a question or start addressing an issue that is off the main point in order to regain control, and once you feel your back in control of the negotiations you can revisit the main point(s) of the negotiations.
If there is a single issue you’re negotiating, ask for a break to use the restroom, or to make a phone call, or even to retrieve something from your vehicle! The purpose of this tactic is to break your opponent’s rhythm, stop their forward progression, throw their game off and cause them, when reengaged to revert back to their submissive position in the negotiations. Contrary to popular belief, not all negotiations are a “win – win” situation; the mark of a great negotiator is always striving to be on the win side of the equation.

To your success,

James A. Gage

Negotiating Tips: New Video

Hello All :

My new video on Negotiating For  A Living has just been released, why not stop by :
http://www.NegotiatingForALiving.com  and learn how you can make a 6 figure income on a part-time basis.

Be well,

James A. Gage

Negotiating Tips: Real Estate Short Sales Part 3

Hello All:

Here we are at blog entry # 3 on how I negotiated a short sale for way under fair market value.

After the Realtor presented my concerns and offer to the bank, the bank counted with a higher sales price dismissing my fix up costs. So what did I do? I had contractors sign affidavits substantiating my fix up costs and assessment of the property, I then submitted this and the original offer back to the bank.

Less then 24 hours later the bank agreed to my terms. Why? I was able to document and substantiate what I represented in negotiations.

Remember, when you have the facts on your side, you argue the facts, when you have the law on your side,you argue the law, when you have neither, you pound the table.

Until next time.

James A. Gage

Negotiating: Tips on Negotiating Leases

Ask for a copy of the lease before the lease signing, so you have time to review it. If you're reading this tip right before the lease signing and have yet to see the lease, don't worry. Just read over the lease carefully at the signing. If you feel uncomfortable with the lease or want someone to review it, ask to reschedule the lease signing appointment – have all legal contracts and documents reviewed by an attorney.

1. Negotiate only with the landlord or someone who has the authority to make decisions. The broker cannot make any decisions, unless they have “Power of Attorney”, or are the “Trustee” of the Land or Realty Trust that the property may be in.
2. Choose one person to be the negotiator, if you're signing the lease with your roommate or spouse. You don't want multiple people chiming in with points that contradict each other.
3. Know basic information about the landlord and try to understand the landlord's position. Is your apartment owned by real estate management company with thousands of units or a family renting out a room or their second home? Will a $25 reduction in rent be a big deal to them? Knowing the landlord's concerns will help you tailor your arguments in the lease negotiation.
4. The best negotiation time is during the signing of the lease when the landlord has approved you for the apartment and is ready to close the deal. You only have negotiation power when you have something the landlord wants.
5. Ask questions before you begin the lease negotiation. It's good to demonstrate your reliability as a good tenant. This is the one thing you can offer the landlord that will make him or her more open to negotiation. Asking questions is one way to show the landlord that you want to follow the rules.
6. Begin the lease negotiation after you've read the lease and asked all your questions. First identify what you want to change and why. Maybe you want a lower rent because it's higher than all the other apartments you've looked at and you see no reason for the higher rent. Or the ceiling is leaking and you want a guarantee that it will be fixed within a week, because you've had bad experiences with neglectful landlords.
7. If the landlord resists putting any changes in writing or seems offended or hurt by your negotiation, be ready to reassure him or her that you trust him, but you are a person who likes to play it safe.
8. If the landlord argues with you or puts you on the defensive, acknowledge the landlord's points by explaining why these concerns don't apply to you and remind him or her of your qualifications (good credit, timely rent payments, no disturbances, no damage).
9. Always ask twice, followed by the reason. Giving more than one argument during the lease negotiation lends further support to your request.
10. Write down all agreements on a piece of paper that is signed by all the tenants and the landlord. If it's a change to the lease, correct it on the actual lease, or write a lease rider that specifies it is overriding the lease. If any of the agreements are promised actions--such as repairs--write down a deadline (the water pressure must be fixed by this date).
11. Know what your expectations are beforehand. Will you sign the lease if the landlord refuses? How flexible will you be if the landlord agrees to part of your suggestions?
12. Be polite. Don't get angry or hostile, even if the landlord does. Take the higher ground and the landlord may respect your professionalism and believe you to be a good tenant.
13. Do not make ultimatums--change this or I won't sign the lease--unless, of course, you mean it. If you don't mean it, this will only backfire and prove to the landlord that you're being manipulative, and therefore untrustworthy.
14. Only negotiate items that are most important to you. Decide which issues are too small to argue over. The landlord is unlikely to concede to every issue, so pick your battles.

4 Types of Arbitration

When we think about arbitration, we think of a neutral third party who is empowered by 3 individual parties to decide the outcome of a dispute, but that is just scratching the surface as we will soon see.

There are 4 types of Arbitration: Binding, non-binding, court appointed and what I invented and advocate “Independent Arbitration”.

Binding Arbitration: The parties agree to waive their right to go to court for a judicial decision which is binding by the arbitrators ruling.

Non-Binding Arbitration: The parties have the discretion to abide by the arbitrator's decision or seek other venues. In my 20 plus years of arbitration experience this is the least appealing and successful form of arbitration; only the attorneys and arbitrator make money, and the parties rack up the venue bills.

Court Appointed Arbitration: Is just that ordered by the court. The judge elects an arbitrator of their choice to hear and render a ruling – which by the way is binding.

And finally, we come to what I invented - Independent Arbitration. Some have connected this form of arbitration with names like dispute resolution, ADR, debt settlement, debt arbitration and debt negotiating to name a few. However, with this type of arbitration you will notice vast differences. With this type of arbitration we represent only one party (usually the defendant if it happens to be a litigation case). We do not stay neutral in the dispute, but rather work as a fiduciary, representing our client to achieve out of court settlement, IRS tax issues and delinquent accounts payable.

We set our own fees based on what we achieve for settlement for our clients, not an hourly rate like attorneys. And since we are not employed by agencies like the above 3 forms of arbitration, we are free to work as much or as little, increase or modify our fee structure, and work as much or as little as we desire.

Why Would A Business Choose To Use An Arbitrator Instead of An Attorney?

Few businesses elect the expense of litigation if arbitration is available. Put simply, arbitration is a business like forum for resolution of business disputes and while the elaborate safeguards of the legal system are often not available, the need for prompt and private resolution of disputes seems to convince most of our business clients to use independent arbitration. For those clients used to non American systems of law, arbitration seems a welcome and familiar way to resolve disputes and protect the rights of all concerned.

Besides attorneys work a principle called billable hours, we work on results! If we do not settle the case we don’t get paid, whereas, attorneys get paid whether they settle the case or not; you can see why this would be a motivating factor when a business owner is deciding who to engage to represent them.

Be well,

James A. Gage

http://www.NegotiatingForAliving.com

Negotiating Penalties & Interest with The IRS

Negotiating with the IRS is not as hard as one would imagine when it comes to penalties and interest! Let me qualify that statement before I get a flood of e-mails telling me I don’t know what I’m talking about.

First, interest is statutory, meaning its federal law, that under no circumstances and or situations can this interest be waived! However, interest can be deferred if you enter your client into an installment agreement or if you obtain a moratorium.

Secondly, penalties can be waived – finally some good news! However, they can only be waived after the initial principle, interest and penalties have been paid in full. Then you may apply for “Abatement”, AKA waiver of all penalties; of course this is not a guaranteed approval, but is based on the circumstances behind the delinquency ( this is where you negotiating skills on paper will serve you well ).

This is one of the many factors you must keep in mind when negotiating an IRS tax situation for your client as an Independent Arbitrator. Stay tuned for more helpful tips and strategies…

James A. Gage

Negotiation Techniques That Make You A Better Negotiator

Prepare for battle. Enter a negotiation without proper preparation and you've already lost. Start with yourself. Make sure you are clear on what you really want out of the arrangement. Research the other side to better understand their needs as well as their strengths and weaknesses. Enlist help from experts, such as an accountant, attorney or tech guru.

Timing is everything. Timing is important in any negotiation. Sure, you must know what to ask for. But be sensitive to when you ask for it. There are times to press ahead, and times to wait. When you are looking your best is the time to press for what you want. But beware of pushing too hard and poisoning any long-term relationship.

Leave behind your ego. The best negotiators either don't care or don't show they care about who gets credit for a successful deal. Their talent is in making the other side feel like the final agreement was all their idea.

Fine tune your listening skills. The best negotiators are often quiet listeners who patiently let others have the floor while they make their case. They never interrupt. Encourage the other side to talk first. That helps set up one of negotiation's oldest maxims: Whoever mentions numbers first, loses. While that's not always true, it's generally better to sit tight and let the other side go first. Even if they don't mention numbers, it gives you a chance to ask what they are thinking.

You have not, because you ask not ! Another tenet of negotiating is "Go high, or go home." As part of your preparation, define your highest justifiable price. As long as you can argue convincingly, don't be afraid to aim high. But no ultimatums, please. Take-it-or-leave-it offers are usually out of place.

Anticipate compromise. You should expect to make concessions and plan what they might be. Of course, the other side is thinking the same, so never take their first offer. Even if it's better than you'd hoped for, practice your best look of disappointment and politely decline. You never know what else you can get.

Offer and expect commitment. The glue that keeps deals from unraveling is an unshakable commitment to deliver. You should offer this comfort level to others. Likewise, avoid deals where the other side does not demonstrate commitment.

Don't take on their problems. In most negotiations, you will hear all of the other side's problems and reasons they can't give you what you want. They want their problems to become yours, but don't let them. Instead, deal with each as they come up and try to solve them. If their "budget" is too low, for example, maybe there are other places that money could come from.

Stick to your guns. As an individual and a business owner, you likely have a set of guiding principles — values that you just won't compromise. If you find negotiations crossing those boundaries, it might be a deal you can live without.

Close with confirmation. At the close of any meeting — even if no final deal is struck — recap the points covered and any areas of agreement. Make sure everyone confirms. Follow-up with appropriate letters or emails. Do not leave behind loose ends.

What is Debt Arbitration?

By James A. Gage

Debt Arbitration is the industry created around the practice of debt settlement. Debt arbitrators are third-party institutions or individuals that work on behalf of their clients to negotiate out-of-court settlements for old bills, invoices, lawsuits, liens, medical bills, utility bills, judgments, and other types of significant debt. Typically, debt arbitrators are in lieu of credit counseling as a way to avoid bankruptcy. Due to the 2005 bankruptcy law changes, it is almost impossible for businesses to file bankruptcy and walk away from their delinquent debt. As you can see there is an unbelievable opportunity available for someone who is looking for a career change, mother(s) hours, small business or home based opportunity.

Some other names people referrer to Debt Arbitration are: debt settlement, dispute resolution, civil arbitration, and what we at Negotiating For A Living have created “Independent Arbitration”.

Debt Arbitration Process

The major difference between debt arbitration and credit counseling is the fact that debt arbitrators work independently on behalf of their clients, while credit counselors work on behalf of credit card companies. Debt arbitration itself is conducted through something known as debt negotiation. During this process, arbitrators negotiate a lump sum settlement for amounts owed to credit card companies, creditors, IRS/DOR tax obligations and pending litigations - typically, at a significant discount to the actual amount owed. Clients then make more affordable payments to the debt arbitrators to pay off the remaining balance.

Industry Regulation

In the US no states currently require any form of licensing for debt arbitrators; the industry relies on Negotiating For A Living. Com to certify and provide ethical standards to those who train and practice debt arbitration.

For more detailed information on this industry opportunity, click on the link : “ Video Negotiating For A Living” on the left hand side bar.