Friday, December 30, 2011

Obtaining Business Licenses, Permits, and Tax Obligations.

So you've got a tax id number, registered your business, and have defined the legal structure of your venture; just a couple more things to do. Step 8 according to the SBA is the requirement to meet state and local tax obligations. Most of this step will be figured out while setting up the structure, and obtaining the TIN, but a few additional things need to be considered. Income taxes, employment taxes, and special tax permits may be required.  Sorry, but the IRS doesn't like to keep their hands out of your business!
The next step is to provide proper authority  and permission to operate your business. This step can be very confusing and some people may not know all the various resources that are needed to legally operate a business.  Everything from environmental permits, including fishing and wildlife permits to financial services licenses is included. If you are selling explosives, firearms, tobacco, or alcohol you must comply with the ATF requirements. If your business relates to aircraft or aviation, the FAA will get involved. Anything relating to financial services will require insurance or FINRA licensing. A simple restaurant or drive through hot dog stand will need permits from the Department of Health.
   Other businesses need licenses or permits from the USDA, Mining and Drilling, FCC, Transportation and Logistics, and  other Agencies. To obtain a list visit the Small Business Administration, each state is different. The proper licensing requires an additional capital expense, and annual, or biannual renewals so it is important to budget accordingly. If you fail to obtain a license there is a huge risk of losing your business, paying a fine, or even imprisonment. Its just another important step that must be addressed before opening day!

Sunday, October 30, 2011

Tax number? What's this?

    Just as people have social security numbers, a business also has an identification that is necessary for filing purposes. Whether you have a Sole-Proprietor, LLC, S-Corp, or Partnership, the business needs to be registered for tax purposes. A tax ID # can be an EIN (Employer Identification Number), a TIN (Tax Identification Number), ITIN (Individual Taxpayer Identification Number); they all mean the same thing. The government  requires and issues a nine digit number to any business that earns more than $600 in a calendar year. This number is writen a little diferent than a social security number, usually in xx-xxxxxxx format.
     Banks, financial services companies, and merchant accounts will require an EIN to use use their services. When registering the business name, it is a good idea to includethe paperwork tor the tax id number at the same time and file everything accordingly. The true principle officer, owner, trustee, or any responsible party can file for the EIN.
    Registering is an easy process. A tax consultant may include this in the paperwork when they help to register the business entity, or a person can easily contact the IRS website and file electronically.    
www.irs.gov.
    Once this step is completed, there are three more that are recommended by the Small Business Administration. Then, a company is ready to start marketing!

Tuesday, October 18, 2011

What's in a Name?

     Ask any newly expecting parents how difficult it was to agree on a name for the child. Mommy thinks one thing; Daddy another. Will it be a boy or a girl? That will surely make a difference, and then even if a name is agreed on will that child actually look like a Bobby, or more like a Peter? Is she a Cindy, or a Marsha? The baby's name must transcend all confusion and will certainly shape the character of the person.
     The same is true in the business world. The name of the business will determine what kind of market it will attract. The more catchy a name, the easier people will remember it and tell their friends about it, especially if the business provides a good product or service.
     While the SBA says that registering the name is the sixth step in starting a business, most entrepreneurs will have a name picked out even before writing the business plan. It will shape the character of the business just like it would a baby.
    Registering a name is not always a must, but may be important for various reasons. A sole proprietor doesn't have to register the name of the business; the name  is the legal first and last name of the owner. LLC's do not need to register a name because the paperwork that is submitted to incorporate will have it. S-Corps, C-Corps and other entities will need to register a name because the liability and licensing do not belong to one person.  Registering a name will, however create a credibility that banks, investors, and other businesses will see and know the company is legit.
    Often business owners will wish to create a ficticious name or what's known as "doing business as" (dba).
For example, owner Frank McClurg who runs an automotive shop wants his company to be known as "Frank's Auto". In this situation he will need to register a ficticious name with either the county clerk, or Secretary of State, which ever the law requires. The Small Business Administration lists individual state requirements regarding these laws.  An LLC would also need to register a (dba) it wished to drop the LLC identifier from its name. Frank's Auto, LLC would then become legally just Frank's Auto. Every time a business owner needs to legally use the name for documentation, application, or liability, it can use the registered (dba).

     Trademarks and image branding are also important in choosing a name. A brand is easily reconized, and trademarks protect other businesses from using the unique name that has been selected.  The United States Patent and Trademark Office helps business owners search for unused names through the Trademark Electronic Search System . Through a 90 minute process an entrepreneur can have his/her business name and brand registered and a trademark created. Protection is given to the first name that is registered so this is important to avoid conflicts with other business that may have a similar name.
    In the end, a business has an image to maintain and the name must be recognizable to the government, banks, and of course, the customers. The name wil provide credibility and protection along with an identity. Just as a baby's name shapes his/her character, so too will the name of the business!