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Making
Your Business Legal
Author: Brett Krkosska
It's important that your business be on the "up-and-up" right
from the start. Taking care of the legal issues associated with
starting a new business will keep you out of hot water in the
future.
Here are the first steps you need to take:
1. Register Your Business Name
Your business name must be registered if it is something other
than your full legal name. This is a way of informing the public
that you will be doing business as (DBA) an assumed, or
"fictitious" name. Generally, a search is done to ensure your
name is not already in use, and an application is submitted to
make it official. Some states require a notice be published in
the local newspaper. The details of registering varies from
state to state, so check with your state office or county clerk
for specifics.
2. License Your Business
Licensing of your business depends on the type of business you
plan to start. Licensing occurs on the state and/or local level.
Federal licensing is only necessary for businesses who engage in
specific, controlled activities (things such as making firearms,
alcohol, tobacco, etc.). Many cities, but not all, require a
general business license, plus there may be a license required
for your particular business type. You should contact your state
and city clerk offices to find out what licenses you need.
3. Report Income Tax
You are responsible for filing and paying income taxes on your
business. Assuming your business is a sole proprietorship, you
will pay income tax on your net profits. You report your income
tax using Form 1040 at tax time, with the additional requirement
of filing Schedule C or C-EZ: Profit or Loss From Business. You
can get IRS Publication 334 (Tax Guide for Small Business) for
more information. Visit the IRS online at www.irs.ustreas.gov/
for publications and detailed filing requirements.
4. Pay Estimated Taxes
If you expect to owe more than $1,000 in federal taxes, you need
to make estimated payments quarterly. This may seem like a
burden at first, but it actually protects you from having a big
payment due at tax time. You can learn more about this from IRS
Publication 505: Estimated Tax Payments.
5. Pay Self-Employment Tax
You must pay self-employment tax on income over $400 using
Schedule SE. Why? Because you are required to pay your fair
share into Social Security and Medicare. Oh joy!
6. Get a State Sales Tax Certificate
Contact your state treasury office for information on obtaining
a sales tax certificate. This certificate obligates you to pay
applicable sales tax on goods you sell. If your product is to be
sold wholesale, or if you are buying materials wholesale,
inquire about a resale certificate to avoid paying taxes twice.
7. Obey Zoning Regulations
Be sure to check with your city and county offices about zoning
regulations for your business location. You don't want to be in
the position of having to shut down later because of zoning
violations.
8. Get Free Advice
Your local Small Business Administration office is a good place
to learn more about the nuts and bolts of legally operating a
small business in your area. This office can answer many, if not
all of your questions about doing business locally. Another
important resource is the Service Corps of Retired Executives
(SCORE) at www.score.org/. This
organization provides
personalized and free counseling to assist you in making the
right decisions for your business.
Attending to the above steps will put your business on a firm
footing. For the average home business, doing these things is
enough to let you charge full speed ahead. However, no two
businesses are alike, and it's not a bad idea to consult with a
lawyer and accountant for additional information pertaining to
your type of business. Doing so may prove valuable for you, both
before startup and later on as your business becomes more
complex.
About the author:
Brett Krkosska provides 'how-to' advice on family and home-based
work issues. Get start-up guidance, business ideas and
inspiration at: http://homebiztools.com
Free ezine subscription:
mailto:enews@homebiztools.com
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