Meeting your legal obligations as a small business is a must. Before you do anything else, you need to be confident you have carried out all of your duties regarding registering your business and ensuring you are trading legally.
But what do you need to know about trading legally, and why is it so important? Registering your business boosts your credibility, enables you to claim tax breaks, gives you added benefits and protection by separating you from your company, and lets you open up a business bank account, to name a few uses.
Read on to learn more about how to ensure your business is legal.
Choose A Business Structure
The business structure you choose will determine your tax liability, so you must correct this. You can choose from a few different options, so you must understand each one and register the correct structure.
- Sole proprietorship – owned and managed by a single person, that person is responsible for the debts and liabilities, and income is reported in their tax return.
- Partnership – as above, except two people share the responsibilities, and both must report income and losses.
- Corporation – either an S-corp or a C-corp, this is a separate legal entity that is owned by shareholders who are responsible for all debts and liabilities. Owners also have limited liability protection.
- LLC – LLC is a hybrid option of both corporation and partnership and is more flexible than both regarding management and tax stricture. Owners report losses on their tax returns.
Register A Business Name
You need a unique name that represents your business and what you do. However, you also need a name that isn’t registered or trademarked to avoid infringement. The US Patent and Trademarks Office has a handy search tool you can use to help you discover if the names you are thinking of have already been used or trademarked in some way. You can also find businesses with similar names that people might mistake for you before you commit to it. Another good option is to use online domain name sites to pick your name and see if it’s free, as you can do on social media too. This will allow you to keep your branding consistent and avoid any clashes with other businesses.
Tax ID
Each business should have a tax ID number, and you need to use a reliable FEIN filing service to ensure you are registered. The FEIN (Federal Employee Identification Number) or EIN identifies you to the IRS and helps establish your legal identity. Once registered, you receive your number instantly, and you need to keep this safe as it is essential for filing taxes or conducting business, such as opening business bank accounts.
Identify Any Licences or Permits You Need
Next, you must be aware of any local or federal licences and permits you might need to operate legally. These can include business licences, industry-specific licences, professional licences, health and safety legalities, food safety and hygiene certifications or inspections, building inspections, environmental requirements for waste or production, sale of alcohol and more. These will vary from industry to industry, so make sure you know any applicable to you and get the proper registration and coverage.
Then you need to wait for approval or the following steps to obtain your certifications and ensure you display them in a prominent place if this is required legally. Be aware you may also need to pay fees for different licences, and there could be a wait, so do this early to ensure you aren’t delayed waiting for approval to come through.
Register At State Level
Once you have completed the above options, you must register with any applicable state agencies where you live or will be trading. This can include filing additional paperwork such as Articles of Incorporation, Articles of Organisation and Partnership Agreements. The one you apply for will depend on your registered business structure and state. From this, you might also need to provide proof that you have all the applicable licences, registration and instances required to get up and to run, as well as filing for taxes and state-specific requirements such as unemployment insurance.
Making your business legal should be your first step once you have decided on moving forward with your new venture; this can help you start on the right side of the law and avoid any fines from noncompliance or having the brakes put on your plans from the beginning. Follow these steps, and you will be on your way to success.