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Archive for the ‘Start A Business’ Category

Nonprofit Organizations as a Business Model

By Eva Rosenberg, EA

A friend came to me with a problem. For the first time, a client’s S Corporation was projecting over $300,000 in profit. He didn’t want to give it all up to the government in taxes, what’s his alternative?

As we brainstormed, one idea got more and more interesting — setting up a tax exempt charity organization and contributing $150,000 to get it started. Why?

There were several good reasons, some that might appeal to you.

1) The client could get a donation worth up to 50% of his adjusted gross income.

2) He had an unemployed daughter who was struggling to find a decently paying job, in a tough economy. He could hire her as executive director to run the organization.

3) He and his family were passionate about boating. They could introduce their passion to young children, underprivileged teens, and even adults.

4) It wouldn’t be hard to get volunteers involved in a fun charity, that involved boating, fishing, scuba diving and healthy, happy outdoors fun.

5) Getting corporate donations shouldn’t be hard for something upbeat like this. In fact, they could get more than money, they could get the corporations to provide teams of volunteers.

6) With all that fun going on, getting free publicity would be a snap.

Does this sound like just too much fun to be tax deductible?

Charities don’t have to be about doom, gloom, pain, death, or illness. They can be designed to teach, to promote, to encourage, and to grow. They can be formed to protect something endangered (like moustaches), it can involve playing video games, get involved with celebrities, perpetuate fandom, play with comic books or baseball cards,… I could go on and on.

 

Why a charity, instead of a business?

A charity structure (or nonprofit, or exempt organization) is not for everyone. It does have some restrictions, which we’ll discuss in a moment. But it has several advantages.

Leave the sales pitch out of it – Some people are absolutely unable to ‘sell’ their own services or products. Such folks are simply haven’t the courage to make a sales pitch for themselves. Yet, that same person might be the top fundraiser for the school; the church, temple, or mosque; the Little League; etc. Clearly, those people may have a harder time surviving in the business world. But…running a charity? Perhaps they can handle that.

Turn unemployment into a new career path – Right now, over 8.3% of the U.S. workforce is unemployed. What’s worse, over 9 million people are under-employed. They have accepted lower-paying jobs just to keep the mortgage paid and to put food on the table. When you have been unable to find a job in your field or at your pay-grade within three months, odds are – you won’t. Perhaps you can turn your passion into helping others with a non-profit organization.

Stop being unemployed – change your life!

Perhaps being out of a job is a blessing. You now have the time to stop and think.

Step one: 

Decide. “What would I love to do with the rest of my life?” If you don’t know, take some time to think about things and activities that make you happy —it could be anything! The sky is the limit when it comes to your future.

 

Step two:

Decide how to turn this into a non-profit organization. Will it be a charity? A membership organization? Look at the range of things a 501(c)(3) organization may do. You can do anything except get involved in politics or influencing legislation.

 

Step three:

Write your mission statement – a short paragraph about your organization’s purpose. It not only identifies what you do; but helps you narrow your focus to a specific set of goals.

 

Step four:

Walk through the steps outlined on the BizFilings site, to establish the groundwork for your organization. Watch the BizFilings Small Business Roundtable on Nonprofit Organizations.

Note: One of the key things you must understand about exempt organizations is that you don’t own it. Be very careful about who you put on your board of directors. They can vote you out of a job. So select people you really trust as voting officers or directors. Better yet, set up an honorary, advisory board of wise, connected and skilled people. They can help you grow, without voting you out.

 

Step five:

Decide how you will raise funds, after your initial donation. Will you have paid members, will you be able to raise enough donations from individuals? (Viral campaigns on the Internet help somewhat.) Will you chase after grants, or hit up your corporate pals for money? Or will you have one or two major fund-raising events a year. You will need to lay out your fundraising plan for the initial application to IRS and your state. You will need some mock-ups of brochures or flyers or advertising pieces you intend to use.

 

Step six:

Work out a budget. How many people will you hire and pay vs unpaid volunteers – and how will you attract them?  How much will you get paid – and when? Rent? Or work from home?  Read the information on the IRS’s Exempt Organization website. They have an entire section on the Life-Cycle of an Exempt Organization.

 

Step seven:

Have BizFilings set up your nonprofit organization

 

Then, go forth and prosper!

 

Eva Rosenberg, EA is the publisher of TaxMama.com , where your tax questions are answered for free. Eva is the author of several books and ebooks, including Small Business Taxes Made Easy. Eva teaches tax courses at IRSExams.com and CPELINK.

Protect Your Business from Identity Fraud, Part 1

By Brooke Miller Hall

Small businesses lost about $8 billion to fraud last year, according to James Harrison, CEO of INVISUS, an identity theft protection service provider that recently partnered with BizFilings.

“Starting and running a business can be daunting for first-time and even veteran entrepreneurs,” says Harrison. “Unfortunately, protecting both personal and business assets against business identity theft can often be an afterthought. This lack of protection makes small business owners and their entities preferred targets to fraudulent activities.”

Here are some basic steps to keep fraudsters at bay.

  • Be stingy with information. Keep your client and business data on a need-to-know basis, giving it out only when absolutely necessarily – and even then only share it with trusted associates. Always be suspicious of requests for your Employer Identification Number or your social security number.
  • Before you throw it away or recycle it, shred any paper that contains private, proprietary or personal information.
  • Don’t make it easy for would-be thieves to find your important information. Store data back-up files and important records – including your lease, mortgage and tax documents – at an offsite location not related to your business.
  • Keep close tabs on your financial records so you can quickly spot any unauthorized withdrawals and purchases. Don’t wait for monthly bank statements. You’ll catch potential fraudsters much faster if you monitor your account activity online regularly.
  • Do not ignore or minimize the potential impact of people who pretend to be part of your business. They could do a lot of damage to your reputation and everything you’ve worked to accomplish.
  • Don’t keep written copies of passwords near the computers or other devices that use them. In fact, don’t keep written copies of passwords at all – it’s best to memorize them.

These are just a few ways to start protecting your small business from identity theft. Because your electronic data is especially vulnerable, we will cover it in more detail in an upcoming post.

BizFilings announced our partnership with INVISUS and iDefend Business March 6. Learn more about how iDefend Business can help protect you and your business.

Now that you have an LLC, it is Time to make Tax Decisions

By Eva Rosenberg, EA

Living in California, it took me a really long time to gain any understanding of LLCs. I just couldn’t figure out why anyone would be foolish enough to set up one of those entities – because California makes them excessively expensive.

In addition to the annual $800 minimum fee for just LLCs, corporations and limited partnerships, California also tacks on a Gross Receipts tax. That means, your LLC pays an extra tax on its sales or receipts BEFORE deducting any expenses. So you could have a million-dollar loss, and still pay an extra $6,000 in state taxes because your LLC had gross receipts of $1,000,000 – $4,999,999[1].

Considering this, you can understand my resistance to California LLCs. However, traveling the country, teaching tax professionals, I learned more about how useful they could be in other states…and even a few reasons they might work in California. To learn more about tax considerations in your own state, visit BizFilings resource on Understanding State Corporate Taxes and state tax guides.

In order to use an LLC, you need to make some choices.

 

An LLC is filed as?

Having set up your LLC with BizFilings.com is just the beginning of your adventure in business ownership. Now, you have to make a decision on how to report the earnings and activities of that LLC for tax purposes. It’s important to make this decision early, because you’ll need the information for bank signature cards and before you set up payrolls, sales tax arrangements, and other licensing.

 

Ignore the Decision – Your Default is…

In its basic form, if you don’t make any tax choices, when you set up an LLC you are considered a disregarded entity by IRS. What does that mean?

If one person owns the LLC, you will report all the income and expenses on your own Schedule C – Profit or Loss From Business or Schedule F – Farm Income. Or if the LLC owns rental real estate, report all the activity on page 1 of the Schedule E of your personal tax return.

When two or more people own the LLC, the default entity is a partnership, which files Form 1065.

 

Those Who Are Clued In

While the disregarded entity may be the easiest option, smart business owners do some planning. You can take advantage of a variety of tax benefits, succession planning, or perhaps lay the groundwork to go public. To make the decision, please talk to your advisory team – your attorney and a smart, experienced tax professional. This is critical if you want to pay the least amount of taxes – and get the most benefits, legally.

An LLC doesn’t have to be a humble disregarded entity. It could be powerful and exciting. You can decide to file as an S corporation or C corporation.

To tell IRS you want to file as a corporation, use Form  8832. To tell IRS you want to be an S corporation, use Form 2553. Typically, you need to submit these forms by the 15th day of the 3rd month after you set up the LLC. If you haven’t done that yet, don’t worry. As long as you file your elections with IRS by the time you file your first tax return, IRS will accept your entity selection.

Once you make your choices, the decision is not set in stone. You can change your entity choice once every 5 years. And if you never made a choice, but have been floating along, filing as a disregarded entity, you can make your first election this year.

 

More Resources

Before you leave, please read a little more. BizFilings.com has some excellent resources to help you learn more about business structures. Here is a comparison chart of the tax considerations for the various structures. Take a half hour to view the webinar about business structures. And tune in to the next BizFilings FaceBook Roundtable.

Incidentally, we’ll be talking more about which IS the right structure for your business next time. Come back in two weeks for the next set of tips.

Eva Rosenberg, EA is the publisher of TaxMama.com , where your tax questions are answered for free. Eva is the author of several books and ebooks, including Small Business Taxes Made Easy. Eva teaches tax courses at IRSExams.com and CPELINK.

Do you have a passion for taxes? TaxMama is conducting a search for the Ultimate Tax Nerd of 2012. Enter to win prizes, including a Kindle Fire, tax software and other swag.


[1]You will find the table of fees on page 2 of the general LLC information – https://www.ftb.ca.gov/forms/misc/3556.pdf

3 Step Approach to Securing Small Business Loans

Obtaining a small business loan has been difficult for entrepreneurs over the past few years, as lenders instituted stricter credit standards and investors tightened their purse strings following the financial crisis. However, a recent report from the Federal Reserve showed demand for small business loans increased through 2011. Remarking on the Fed report, a senior economist told Bloomberg that banks may be “moving away from the ‘buckle down’ approach,” easing lending requirements. Small business owners will likely be heartened to hear this, but to secure small business funding in the form of a bank loan, entrepreneurs must be smart about how they approach a potential lender.

Step 1: Take stock

When approaching a bank about a potential lending opportunity, it’s crucial to have a solid business plan that shows how you plan to use the money. A loan application package will need to include hard numbers to back up the viability of the plan, and should support a case for how your business will be able to pay back the loan.

Reviewing financial statements in advance of approaching a lender is also wise because it will give you a chance to take stock of potential collateral for the loan, which may include hard goods, real estate, stocks or bonds and personal assets or guarantees. It’s useful to keep in mind that, in some instances, a lender will allow a business to use a purchase order as collateral to obtain the resources necessary to fulfill the order.

Step 2: Consider resources

There are many local and national organizations that provide support and services to SMBs seeking loans. Before approaching a lender, an entrepreneur can reach out to these organizations. For example, the U.S. Small Business Administration has a loan program through which it guarantees 50 to 90 percent of a bank loan. The SBA usually backs loans up to $2 million, with the number going upwards of $4 million in some cases. The Small Business Jobs Act of 2010 increased limits on SBA loans and also established a fund for smaller banks in order to spur more lending to SMBs from these institutions.

Step 3: Make a good first impression, cultivate the relationship

Applying for a loan could be the start of a long relationship with a financial institution, so it’s important for entrepreneurs to put their best foot forward from the start of the process. Business owners who have done the necessary homework of drafting a solid plan and considering collateral should be able to make a specific case for why they are a good candidate for a loan, having clear answers for such basic questions as how much money is needed, how it will be spent and how it will be repaid. That said, lenders are not looking for an elaborate presentation. Speaking to the Los Angeles Regional Small Business Development Center, a business adviser recommended that loan applicants keep their answers “short and simple” during the application interview.

Entrepreneurs would also be wise to consider what kind of financial institution they will be working with, to prepare for meeting with a loan officer. Community banks and other smaller lenders may have a less standardized loan application process than larger banks, as they put a premium on forging relationships with local businesses. However, the trade-off is that smaller lenders do not have the same resources as bigger banks, which could impact enterprises seeking substantial loans.

Regardless of whether you’re working with a large financial institution or a community lender, it’s important to maintain good relationships with loan officers and other representatives of the lending institution. This could substantially ease the process of applying for future loans.

Tax Issues Regarding Copyrights, Patents and Trademarks

By Eva Rosenberg, EA

You’ve heard the old adages, “The shoemaker’s children go barefoot.” Or “Do as I say, not as I do.” It’s important to learn from these sayings. They apply to many of us. How?
We are all eager to do work for our clients, customers, family and friends. But when it comes to some of the key issues relating to our own businesses, well…administration falls by the wayside, doesn’t it.

Yes, it even happened to me. When I first started the TaxMama.com website with Ask TaxMama issue #1 in January of 1999, I didn’t rush out and trademark “TaxMama”. Nope, I didn’t file for my trademark until October 2005. At that point, I had to fight for the trademark – and it cost me 3 years, and a bit of money. But,right now, TaxMama is officially trademarked and owned by me, Eva Rosenberg.

 Unlike copyrights, which automatically belong to you for all your creations, whether you file anything or not, you must file your patents and trademarks with the U.S. Patent and Trademark office – and perhaps fight your case. Of course, it doesn’t hurt to protect your copyrights, as well. After all, if you don’t establish that you are the one who originated a word, article, story, song, film, etc., how will you prove that you are the copyright-holder?

Karen Kobelski talked more about protecting your intellectual property at the BizFilings Facebook Roundtable on March 14, 2012.

 

Intellectual Property rights

How do you handle the tax issues related to Copyrights, Patents and Trademarks – which we will simply call Intellectual Property rights, or IP for short?

Let’s look at the simplest level of IP costs. When you can establish your rights for a couple of hundred dollars and be done with it, just write off the costs in the year you spend the fees. Call them legal fees. Anything under $500 is just too small to carry on the depreciation schedule, year-after-year.

 However, once you start getting into the hundreds and thousands of dollars, it’s time to look at the U.S. Tax Code. The IRS treats IP costs as Internal Revenue Code Section 197 intangibles. The costs are amortized over 15 years[1]. There is very little leeway on this. But there is some.

We are permitted to write off up to $5,000 of the first year’s start-up costs, instead of treating them as capital assets. Of course, the business must have opened its doors in order to get this special benefit. If you use this start-up cost write-off, you can include your IP costs as part of the $5,000.

 

Not Quite Ready for Prime Time

What about companies the expend thousands of dollars on IP, but don’t really start generating revenues for years. After all, some of the most important products on the market (pharmaceuticals, vehicles, etc.) may take years to research, develop and patent. How do they handle the costs of their intellectual property?

Generally, they will just accumulate the costs until the product is ready to go to market. Along the way, they can pick up tax benefits, such as research and development tax credits, amortize research and development costs (not trademark or patent costs) over 60 months (5 years), and perhaps even pick up a Code Section 199 domestic production credit. This is a particularly complicated credit to use – but it applies to a lot of industries, including home-based Internet businesses.

One thing that’s important to note about tax credits. When you use them, you must also reduce your total costs by the amount of the credit before you start depreciating or amortizing your costs.

Zoning Out Now!

Your eyes are starting to glaze over. So are mine.  Yes, we are starting to head into gobble-de-gook territory. The words are starting to muddle and puddle. So, it’s a good time to seek out the services of a good tax professional to work with you. When dealing with intellectual property, find someone who is an expert in this area of taxation.

 

Eva Rosenberg, EA is the publisher of TaxMama.com , where your tax questions are answered for free. Eva is the author of several books and ebooks, including Small Business Taxes Made Easy. Eva teaches tax courses at IRSExams.com and CPELINK. Join us on March 14th  – A Tax Checklist for Small Businesses

Do you have a passion for taxes? TaxMama is conducting a search for the Ultimate Tax Nerd of 2012. Enter to win prizes, including a Kindle Fire, tax software and other swag.


[1] Amortizing – it’s just depreciation, where you spread the cost over several years. You depreciate physical, tangible assets – things you can touch. You amortize intangibles – things you cannot touch – like points, trademarks, ideas, etc.

5 Steps to Establish and Maintain Small Business Credit

Entrepreneurs are more likely to start off poor than rich. Harvard Business School professor and entrepreneurship icon Howard Stevenson recently reminded Inc. magazine of this fact.

“They see an opportunity and don’t feel constrained from pursuing it because they lack resources,” Stevenson said of entrepreneurs. “They’re used to making do without resources.”

Given that most small business owners don’t have a substantial personal fortune to draw from, establishing and maintaining business credit is one of the most fundamental aspects of SMB finance. The U.S. Small Business Administration points out that most entrepreneurs are dreamers and leaders, not accountants, and might not feel inspired or equipped to handle the nuts and bolts of business credit. But by taking a few essential steps, entrepreneurs can successfully build their enterprise’s credit.

1. Set up your legal business entity 

If you’re a sole proprietor, there’s no clear distinction between a personal and business loan or personal and business credit, so this is one reason to register your business as a corporation or limited liability company. Doing so provides protection to owners by creating a distinction between personal and business finances, and prevents creditors from pursuing personal assets in the event that business debts need to be paid off. Forming an LLC requires filing Articles of Organization with appropriate state agencies and paying applicable fees.  Each state has different guidelines for establishing and maintaining LLC status; for example, California requires an initial report within six months of incorporation, as well as an annual report and a minimum annual franchise tax of $800, while Delaware does not require an initial report, though Delaware LLCs must file an annual tax statement.

2. Open a small business bank account

Many small business owners use personal credit lines and bank accounts to get started, but to establish business credit history, it’s crucial to open a commercial account. In order to apply for many types of loans, your bank account must be at least two years old, which is why it is important to set up your bank account expeditiously. In your account, you want a balance to show that you have the money available in order to take on debt and that you have built revenue over time. To obtain credit, businesses may need more than one bank reference to prove funds are available from a variety of sources.

Acquiring a business credit card can also be shrewd, as this is another way to separate personal from business credit. Business credit cards offer some advantages as well, such as statements that categorize spending. Of course, SMB owners should also consider fees and rewards programs, and shop around for a card that is a good fit.

3. Register with business credit bureaus

Setting up a complete profile with Dun & Bradstreet - one of the main business credit bureaus, which runs it own business credit score service – will help you see your credit score and what you need to do to improve it. You will be able to receive a free DUNS number from Dun & Bradstreet after you have created your business entity and once you have a federal tax ID number. Lenders will determine how worthy you are of receiving loans based in part upon your DUNS score. Other major business credit bureaus include Experian Business and Equifax Business.

Once you have a business credit file, it’s essential to keep it up to date and monitor it to maintain a good rating. Credit score companies examine hundreds of factors to establish a rating, including a business’ revenue and number of employees. SMB owners can refer to the FICO Small Business Scoring Service to lean more about what determines a credit score and how creditors use it to assess risk. 

4. Showcase your ability to pay vendors and pay off credit cards

Your business credit will continue to build as vendors report that your business has a good payment history. Paying credit card balances and business invoices on or ahead of the due date can increase your business credit score while adding to your solid payment history. Creating your own trade reference sheet with at least three references, and attaching it to your business credit report, will show you are a good business partner.

5. Keep a strong personal credit history

Though establishing your business as an LLC or corporation creates separation between your business and personal finances, potential lenders may also look into your personal credit history when determining whether your business is worthy of receiving a loan. Any shareholder who owns at least 20 percent of a business may be evaluated by creditors and lenders, so it is important that each shareholder’s credit history is as strong as possible. A personal credit score of 680 or higher will showcase financial responsibility.

Annual Report Deadlines, by State, for March, April and May 2012

AnnualReportDeadlinesbyStateWondering when your Annual Report is due?

Whether you’re a newly formed company, or your small business has been established for years, just about every state will require you to file an Annual Report.

To follow is a definition of what an Annual Report is, followed by a three-month calendar that details Annual Report deadline dates for Corporations, LLCs, Nonprofits, Limited
Partnerships, LLPs, and Foreign LLPs.

Defining an Annual Report

Depending on the state you incorporate in, an Annual Report (also referred to as an Annual Statement) may be due if you are any of the business formations listed above. Although many states require the filing of an Annual Report, some require biennial reports, while others require no report at all. For the purposes of this article, we’ll be focusing on states that require Annual Reports.

As the name suggests, an Annual Report is a document that must be filed annually with each state you’re doing business in. Although requirements may vary by state, it is typical for an Annual Report to include the following information:

  • The current principal business address
  • Names and addresses of the management of the business (directors and officers for corporations and members/managers for LLCs). This would also include any management changes
  • Number of shares of stock a corporation has issued is also required
  • Who is your current Registered Agent?
  • An annual report fee, which varies greatly by state. In some instances there is no charge, however the typical range is between $50 — $400

For a more detailed analysis, check out Filing an Annual Report: An Overview for Small Business Owners.

Three-month Calendar of Annual Report Filing Due Dates

March 1, 2012
Delaware Corporations and Nonprofits
Rhode Island Corporations

April 1, 2012
Georgia Corporations, LLCs and Nonprofits
Georgia Limited Partnerships and Foreign LLPs
New Hampshire Corporations, LLCs and LLPs

April 15, 2012
Kansas- All
Maryland Corporations and Nonprofits
Montana Corporations, LLCs, Nonprofits
North Carolina LLCs
Mississippi Corporations
Pennsylvania Corporations

May 1, 2012
Arkansas Corporations and LLCs
Florida Corporations, LLCs, Nonprofits, LLPs and Limited Partnerships

May 15, 2012
Michigan Corporations
Texas Corporations

We’re Here to Help

If you have questions about Annual Reports, or need help with forming your small business, feel free to give our customer service team a call between 8am and 7pm CST, at 800-981-7183. You can also visit our Contact Us page to speak with us via Live Chat during the same days and times. Or, send us an e-mail anytime. We’re always happy to help.

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Franchise Tax Facts

Franchise-Tax-FactsWith a name like “Franchise Tax,” one might think this would be a tax imposed on franchises. But in fact, a Franchise Tax is imposed on a business simply for being incorporated or registered to transact business in a particular state.

In other words, it’s a tax on the privilege of carrying on business as a corporation or LLC in a state.

How a Franchise Tax
is Measured

The method for calculating Franchise Tax varies by state. Common methods include:

  • Business income
  • Business assets (total value of capital or stock)
  • The number of outstanding shares of corporate stock, and the par value of those shares
  • Any combination of above
  • A flat fee
  • In some states, the Franchise Tax is simply an income tax

When is Your Franchise Tax Due?

The answer to this question depends on the state(s) in which you are doing business.

Many states have due dates tethered to your anniversary date (the date your small business was formed). For example, if an LLC was formed on February 15th, the due date for that LLC’s Annual Report and Franchise Tax would be February of each year.

Other states choose one date that the annual report and/or Franchise Tax is due. This may be consistent for all business types or it may vary by business type. One example is Delaware, where Annual Reports and Franchise Taxes for corporations are due March 1st, while the due date for LLCs is June 1st.

More on Delaware’s Franchise Tax and Annual Report

Since Delaware is such a popular state for incorporation, let’s take a closer look at how its Franchise Tax and Annual Report work.

According to the state of Delaware, “all corporations incorporated in the State of Delaware are required to file an Annual Report and to pay a Franchise Tax. Exempt domestic corporations do not pay a tax but must file an Annual Report.

The Annual Report filing fee for all other domestic corporations is $50.00 plus taxes due upon filing of the Annual Report. Taxes and Annual Reports are to be received no later than March 1st of each year. The minimum tax is $75.00 for corporations using the Authorized Shares method and a minimum tax of $350.00 for corporations using the Assumed Par Value Capital Method. All corporations using either method will have a maximum tax of $180,000.00.

Taxpayers owing $5,000.00 or more pay estimated taxes in quarterly installments, with 40% due June 1; 20% due by September 1; 20% due by December 1; and the remainder due March 1st. The penalty for not filing a completed Annual Report on or before March 1st is $125.00. Interest of 1.5% per month is applied to any unpaid tax balance.”

Want to Learn More About Your State’s Requirements?

Check out our free state incorporation guides for more information on your state’s corporation formation requirements and corporation ongoing requirements, as well as your state’s LLC formation requirements and LLC ongoing requirements.

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Filing Your DBA, Business License or Permit with Your County

Filing-Your-DBA-Business-License-or-Permit-with-Your-CountyIf you’ve filed for a DBA, permit or business license in the state (or states) where you do business, you might think you’ve covered all your bases. And you might be right.

But depending on your state, and more importantly your county, there might be
more to do in order for you to remain compliant.

Some counties require you to file for a DBA, business license or permit with them in addition to the filing you complete with the state.

DBA (Doing Business As)

When you file for a DBA, you may have to file with the state, or with your county, or both depending on your county’s requirements.

Business Licenses & Permits

When it comes to business licenses and permits, you may have to file with the state, the county, or both — again depending on your county’s requirements. You may also have to file on a local level, as well.

With licenses and permits, these filings have nothing to do with your actual company formation (LLC, S corp, C corp). As long as you’ve filled all of your states contingencies, you’re typically all set. Instead, these are tethered to your company’s specific business activity — be it an electrician, vet, repairman, etc. For instance, if you’re a plumber, you may need to register on a county level with a particular plumbing union or agency.

These filings are typically not with the Secretary of State. Rather, they are with another type of organization that’s affiliated with your specific type of business activity.

Unfortunately, there’s no quick way to find out all of your county’s requirements for your particular business type. But getting in touch with certain organizations or agencies (via phone or e-mail) can give you answers, or at least point you in the right direction. Although the following list is far from complete, and different counties have different names for similar agencies, it should provide you with a solid starting point:

  • Secretary of State
  • Clerk of Courts
  • City Treasurer
  • City Licensing Bureau
  • Municipality

Also, any local organization or union that may be affiliated with the type of work you may be able to assist you.

We’re Here to Help

Whether you have questions, need assistance with filing for a DBA (on the state level), or would like help with a business license search, feel free to give our customer service team a call between 8am and 7pm CST, at 800-981-7183. You can also visit our Contact Us page to speak with us via Live Chat during the same days and times. Or, send us an e-mail anytime. We’re always happy to help.

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Doing Business in Other States? Get Familiar with Foreign Qualification

Foreign QualificationThere’s nothing foreign about Foreign Qualification — although the name often gives the wrong impression to small business owners.

What is Foreign Qualification?

It may sound like an international concept, but in this case “foreign” has nothing to do with a business that resides outside of the United States. When a small business decides to expand out of the state they’re currently doing business in (referred to as their home state, or their domestic state), they’ll need to gain approval from each additional state they’re planning on doing business in.

Any state outside of a small business’ home state is considered foreign — hence the name Foreign Qualification. When you Foreign Qualify, you are essentially registering for a Certificate of Authority in the state(s) where your company will do business. This notifies the state that your company is conducting business within its borders. Your business will be subject to ongoing reporting requirements, fees and taxes in both your state of incorporation and state of qualification.

Do You Need to Foreign Qualify?

Although each state has different contingencies and fees, there are some core factors used to determine whether a small business needs to Foreign Qualify. They include:

  • Whether the company has a physical presence in the state
  • Whether the company has employees in the state
  • Whether the company accepts orders in the state
  • Whether the company has a bank account in the state

If you are uncertain whether your particular business needs to foreign qualify, or register to transact business in another state, it’s best to seek the advice of an attorney or accountant.

Failing to Foreign Qualify

Foreign Qualification in states where you transact business is a legal requirement. Failure to do so could result in negative consequences like:

  • You may face fines, penalties and back taxes for the time in which your company did business within a state without being Foreign Qualified there
  • Liability for back taxes for the time you were transacting business but were not qualified
  • Loss of access to that state’s court system, meaning that if you were sued in that state, you would not be able to defend the suit

How to Foreign Qualify

To foreign qualify your business, you may need to:

  • Register for a Certificate of Authority in the state(s) where you want to do business
  • Apply for a Certificate of Good Standing from your state of incorporation, showing that your company is in existence and has met all state requirements
  • Pay applicable state filing fees when you submit the Certificate of Authority filing
  • File annual reports, pay taxes and annual report fees in the state(s) where your small business has undergone foreign qualification

We’re Here to Help

Whether you simply have questions, or need assistance with Foreign Qualification, feel free to give our customer service team a call between 8am and 7pm CST, at 800-981-7183. You can also visit our Contact Us page to speak with us via Live Chat during the same days and times. Or, send us an e-mail anytime. We’re always happy to help.

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