US - For small businesses just starting up or just trying to survive the storm here are 10 tips for making it from downturn to recovery:

1. Know how the law affects your business type. The law treats business types such as sole proprietorships, partnerships, LLC's, corporations and S-corps differently. Minimize personal liability and get the tax treatment appropriate to your business by choosing wisely and knowing the implications of your choice.

2. Put agreements into writing. It's often said because it often needs to be said. Whether it's an agreement with a supplier, a contractor or an agreement to provide services to a customer, put all terms into a written contract. Oral contracts lead to confusion and are difficult to enforce.

3. Know the line between "employee" and "independent contractor." Each year, untold numbers of small businesses suffer the tax implications of getting this wrong. Clearly define the relationship from the outset. Then make sure that the conditions and direction of any contractor's work does not cause them to become an "employee."

4. If you must let employees go, do it the right way. It goes without saying not to fire in violation of anti-discrimination laws. Also avoid firing anyone in retaliation for complaining about discrimination or harassment, or for taking leave under the Family Medical Leave Act or any state medical leave law.

5. Know your new COBRA or mini-COBRA obligations. The American Recovery and Reinvestment Act of 2009 provided federal subsidies for up to 65% of COBRA continuation of care premiums for workers laid off between September 1, 2008 and December 31, 2009. The ex-employer must initially cover the subsidy, and must claim it as tax rebate to recoup.

6. Know of the terms of your credit agreements. Creditors are hiking interest rates, slashing credit limits and suspending lines of credit. Take a fresh look at any credit card or credit line agreement - in particular the circumstances triggering term changes. Find out how a drop in credit score or decreased revenues in recent quarters might affect credit terms, even if no payments have been missed.

7. Know what happens if your landlord or franchisor declares bankruptcy. Franchisees can lose entire businesses. Commercial tenants can see the property sold and their lease vanish. Tenants and franchisees should closely monitor and have their interests represented in the bankruptcy proceedings of their landlord or franchisor. Tenants should also watch for foreclosure on any property they lease. Foreclosure usually wipes out a commercial lease, bringing either a new landlord or the need to relocate.

8. Explore the recently expanded SBA loan offerings. The Treasury Department has increased the percentage of 7(a) loans the SBA will back and broadened the definition of eligible businesses. For those wishing to expand or needing to relocate, SBA backed 504 loans can help take advantage of weakened real estate markets.

9. Take advantage of incentives to go green. Federal, state and local governments offer an expanding array of incentives to increase energy efficiency. These include tax benefits, loans, grants, and green building incentives like fee waivers or permit fast-tracking. Whether simply changing light bulbs or producing your own energy, these incentives could make green changes better business.

10. Watch for tax breaks. 2008 saw an extension of the net operating loss carryback available to small businesses. This allows losses to be spread over prior year taxes paid. Look for another extension in 2009. Deduction limits under Section 179 equipment purchases were also raised. Small businesses should utilize these and other tax changes to come.