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What do Apple Computer, Hershey's, Mary Kay Cosmetics, and the Ford Motor Company have in common? These well-known corporations all started out as home based businesses. In fact, more than half of all U.S. businesses are based out of an owner's home. Starting a home based business has many rewards as well as challenges. This guide provides resources that will help you learn more about working out of your house, starting a home-based business and managing your business within the law.
Assessment Tool will help you understand your readiness for starting a small business. Your responses will be scored automatically and an assessment profile will be provided after you click the Submit button. This is an automated self-assessment tool. SBA is not collecting information, tabulating or utilizing individual visitors results. Can you live and work in the same area? Find the answer by asking yourself the
following questions: Where in the home will the business be located? What adjustments to living arrangements will be required? What will be the cost of changes? How will your family react? What will the neighbors think? Home Based Business....Is it For Me? Is working from home right for you? Learn about
several factors you should consider when starting a home based business. Starting a Business in Your Home: Weighing the Pros and Cons. Have you thought about
the characteristics and challenges that are most commonly involved in launching home based businesses? View the pros and cons before you begin a home based business.
Check out the first steps for starting any small business Obtain a checklist of things to do at How to Set Up a Home Based Business Get planning ideas by reading an article that provides a comprehensive approach to
developing a business plan for a home based business Learn how your local government's zoning ordinances may affect your business. Not
knowing the potential legal and community problems associated with having a business at home, and the rules, can have devastating consequences.
Provides access to the official IRS gateway for tax information for small business owners. Small Business Expenses and Tax Deductions
Explains how to deduct business expenses on your income taxes. Social Security Guide for the Self-Employed
4.
Body of the document A. Business 1. 2. 3. 4. 5. 6. B. Description of business Marketing Competition Operating procedures Personnel Business insurance
Financial data 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Loan applications Capital equipment and supply list Balance sheet Breakeven analysis Profit and loss statements Three-year summary Detail by month, first year Detail by quarters, second and third year Assumptions upon which projections were based Pro-forma cash flow
C.
Supporting documents 1. Tax returns of principals (partners in the business) for last three years,
personal financial statements (all banks have these forms) 2. Copy of franchise contract and all supporting documents provided by the
franchisor (for franchise businesses) 3. 4. 5. 6. Copy of proposed lease or purchase agreement for building space Copy of licenses and other legal documents Copy of resumes of all principals Copies of letters of intent from suppliers, etc
Brand Image Is the location consistent with the image you want to maintain? Competition Are the businesses around you complementary or competing? Local Labor Market Does the area have potential employees? What will their
commute be like? Plan for Future Growth If you anticipate further growth, look for a building that has
extra space should you need it. Proximity to Suppliers They need to be able to find you easily as well. Safety Consider the crime rate. Will employees feel safe alone in the building or
walking to their vehicles? Zoning Regulations These determine whether you can conduct your type of business
in certain properties or locations. You can find out how property is zoned by contacting your local planning agency. Evaluate Your Finances Besides determining what you can afford, you will need to be aware of other financial considerations:
Hidden Costs Very few spaces are business ready. Include costs like renovation,
decorating, IT system upgrades, and so on. Taxes What are the income and sales tax rates for your state? What about property
taxes? Could you pay less in taxes by locating your business across a nearby state line?
Minimum Wage While the federal minimum wage is $7.25 per hour, many states have
a higher minimum. View the Department of Labors list of minimum wage rates by state. Government Economic Incentives Your business location can determine whether
you qualify for government economic business programs, such as state-specific small business loans and other financial incentives. Is the Area Business Friendly? Understanding laws and regulations imposed on businesses in a particular location is essential. As you look to grow your business, it can be advantageous to work with a small business specialist or counselor. Check what programs and support your state government and local community offer to small businesses. Many states offer online tools to help small business owners start up and succeed. Local community resources such as SBA Offices, Small Business Development Centers, Womens Business Centers, and other government-funded programs specifically support small businesses.
To learn more about these taxes, visit the Internal Revenue Service's (IRS) Guide to Business Taxes. Federal Income Taxes Select the form of your business below to find out which federal tax forms you need to file: Sole Proprietorship Partnership
State Income Taxes Nearly every state levies a business or corporate income tax. Like federal taxes, your state tax requirement depends on the legal structure of your business. For example, if your business is an LLC, the LLC is taxed separately from the owners of the business, while sole proprietors report their personal and business income taxes using the same form used to report their business taxes. Consult the General Tax Information link on the State and Local Tax Guide for specific requirements.
Sole Proprietors or Partnerships If you wish to start a business under anything other
than your real name, youll need to register a DBA so that you can do business as another name. Existing Corporations or LLCs If your business is already set up and you want to do
business under a name other than your existing corporation or LLC name, you will need to register a DBA. Note: Not all states require the registering of fictitious business names or DBAs. How to Register your Doing Business As Name Registering your DBA is done either with your county clerks office or with your state government, depending on where your business is located. There are a few states that do not require the registering of fictitious business names.
If you plan to sell products and you are required to collect sales taxes, you will likely need to obtain a Sales Tax Permit or Vendor's License from your state or local government (or both).
The State and Local Tax page is a good place to learn more about your state and local tax registration requirements.
In addition to business taxes required by the federal government, you will have to pay some state and local taxes. Each state and locality has its own tax laws. The links below provide access to key resources that will help you learn about your state tax obligations. Having knowledge of your state tax requirement can help you avoid problems and your business save money. The most common types of tax requirements for small business are income taxes and employment taxes.
Income Taxes Nearly every state levies a business or corporate income tax. Your tax requirement depends on the legal structure of your business. For example, if your business is a Limited Liability Company (LLC), the LLC gets taxed separately from the owners, while sole proprietors report their personal and business income taxes using the same form. Consult the General Tax Information link under your state for specific requirements.
Employment Taxes In addition to federal employment taxes, business owners with employees are also responsible for paying certain taxes required by the state. All states require payment of state workers' compensation insurance and unemployment insurance taxes. The following states/territories also require a business to pay for temporary disability insurance:
California Hawaii New Jersey New York Rhode Island Puerto Rico
Use the links below to find out more about what you have to do to register and be open for business in your state.
Agriculture
The U.S. Department of Agriculture (USDA) issues permits for businesses involved in the importation and interstate transportation of animals, animal products, biologics, biotechnology and plants.
Alcohol Beverages
Federal law requires manufacturers, wholesalers, importers and retailers of alcoholic beverages to register, pay special taxes and maintain certain records with the Alcohol and Tobacco Tax and Trade Bureau (TTB). Alcohol and tobacco businesses above the retail level (such as manufacturers, wholesalers, importers, exporters, etc.) must apply for an operations permit from the TTB. The federal government does not impose a fee or charge for permits. The applicant must obtain written approval from the TTB before engaging in business. Small producers, such as microbreweries and small wineries that may also have retail operations will need to contact the TTB for approval. All alcohol beverage businesses, including retailers of alcoholic beverages, such as bars, nightclubs, restaurants and retail liquor stores should contact their state's Alcohol Beverage Control Board for specific permit and licensing information, along with their city and/or county government for additional licenses and permits that may be required. In addition to obtaining appropriate permits, all businesses engaged in manufacturing, distributing and selling alcohol, including retailers, are required to pay special federal taxes. For more information on the requirements necessary to run an alcohol beverage business, visit the Food and Beverage Industry Guide
Aviation
FAA Licenses and Certificates Offers licensing information for airmen, aircraft, airports, airlines and medical aviation services. Pilot Licenses and Training Requirements
Provides a list of regulations, policies, license and certifications for pilots. Aircraft Mechanic Licenses
Provides a list of regulations, policies, license and certifications for aircraft mechanics.
Explosives (ATF), the principal law enforcement agency within the U.S. Department of Justice. The ATF is responsible for regulating the firearms and explosives industries. Firearms and Explosives License and Permit Information
Gives information on the National Licensing Center (NLC), which determines eligibility and acts upon applications for Federal firearms licenses, Federal explosives licenses and Federal explosives users permits. Safe Explosives Act
Provides guidance and information on licensing and permit requirements for explosive materials. Licenses required to carry a concealed weapon are issued by state or local governments. Manufacturers, distributors, importers, and dealers of firearms, ammunition or explosives need to file and pay excise taxes with the Alcohol and Tobacco Tax and Trade Bureau, a federal agency responsible for collecting excise taxes on firearms and ammunition to ensure that these products are labeled, advertised and marketed in accordance with the law. Firearms and Ammunition Excise Tax (FAET)
Explains FAET, a tax imposed by Chapter 32 of the U.S. Internal Revenue Service (IRS) Code (26 U.S.C. 4181) on the sale of firearms and ammunition by manufacturers, producers and importers. This packet contains all the information necessary for a firearms or ammunition dealer, importer or manufacturer to file and pay required excise taxes. It also includes information for those who wish to register before making tax-free firearms or ammunition sales to certain acceptable groups or organizations. 50 Gun Exemption to the Firearms and Ammunition Excise Tax (FAET)
Describes an amendment to the IRS tax code that provides an exemption from FAET for any pistol, revolver or firearm (article) if it was manufactured, produced, or imported by a person who manufacturers, produces, or imports less than an aggregate of 50 of such articles during a calendar year.
Provides the main portal to resources, forms, tools and guides concerning federal fish and wildlife permits. Fish and Wildlife Import-Export Permit Issuing Offices
Gives information on Fish and Wildlife Service Law Enforcement, issued permits and addresses for Regional FWS Permit Offices.
Commercial Fisheries
The National Oceanic and Atmospheric Administration (NOAA) regulates the interaction between marine mammals and commercial fisheries by issuing permits for fishing activities that would otherwise be prohibited by law. NOAA Fisheries Forms Portal
Provides electronic versions of many NOAA Fisheries forms, listed for each geographic area by both the OMB (Office of Management and Budget) number and the NOAA form name. National Marine Fisheries Service Permit Shop
Issues permits for Atlantic tunas, updates permit information and reports recreational landings of bluefin tuna. Office of Protected Resources, Permits and Authorizations
Gives information on permits and authorizations that are required under the Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA) to conduct activities that may result in the "taking" of a protected species. Authorizations and Permits for Protected Species (APPS)
Issues NOAA Fisheries permits and authorizations for federally-protected species under the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA). Groundfish Federal Fisheries Permits
Provides permits and fishing authorizations issued by the Northwest Region for fisheries affecting west coast groundfish. High Seas Fishing Permits
Offers information on compliance with the High Seas Act along with permits.
Maritime Transportation
Ocean Transportation Intermediary Licenses Provides a general description of the Office of Transportation Intermediaries along with appropriate contact information.
Nuclear Energy
The U.S. Nuclear Regulatory Commission licenses commercial nuclear reactors and fuel cycle facilities, distribution of nuclear materials, and nuclear waste disposal facilities. Nuclear Regulatory Commission (NRC) Licensing
Provides NRC applicants and licensees with the rules and regulations governing the assessment and collection of fees and forms used in processing incoming payments from the licensee. Nuclear Regulatory Commission Consolidation Guidance about Materials Licenses
Offers a comprehensive source of reference information about materials regulation for those involved in various aspects of licensed materials use.
Provides information on how to obtain specific FCC licenses, from amateur radio and commercial radio to television broadcasting. How to Apply for a Broadcast Station
Outlines basic information about radio and television stations and the related application processes. License Renewal Applications for Television Broadcast Stations
Supplies a guide to renewing FCC licenses for television stations. Commission Registration System (CORES)
Documents registration requirements for companies doing business with the FCC. Licensees, certificate holders, or entities sending payments to the FCC are considered to be doing business with the FCC and must register with the agency. FCC Licensing Systems
understand your regulatory requirements as an employer because it is crucial to the success of your business. These 10 easy steps will help you ensure you are compliant with key federal and state regulations when hiring.
State Taxes
Depending on the state where your employees are located, you may be required to withhold state income taxes. Visit the state and local tax page for more information.
completion and retention of Form I-9 for each individual they hire for employment in the U.S., including citizens and non-citizens. Instructions for Completing the I-9: Handbook for Employers Offers a comprehensive guide to completing Form I-9, Employment Eligibility Verification. Small Business Guide to Immigration Regulations Provides a summary of immigration laws most important to small business owners, including information about completing the I-9 form. Employers can use information taken from the Form I-9 to verify electronically the employment eligibility of newly hired employees through E-Verify. To get started register with E-Verify to virtually eliminate Social Security mismatch letters, improve the accuracy of wage and tax reporting, protect jobs for authorized workers and help maintain a legal workforce.
Some states require employers to provide partial wage replacement insurance coverage to their eligible employees for non-work related sickness or injury. Currently, if your employees are located in any of the following states, you are required to purchase disability insurance: California - Employment Development Department Hawaii - Unemployment Insurance Division New Jersey - Dept. of Labor and Workforce Development New York - New York State Workers' Compensation Board Puerto Rico - Departamento del Trabajo y Recursos Humanos/Department of Labor and Human Resources Rhode Island - Rhode Island Dept. of Labor and Training
in a fair and financially sound manner. See the chapter on Employee Benefit Plans in the U.S. Department of Labor's Employment Law Guide for more information. Learn Management Best Practices While you aren't legally required to be a good manager, it sure helps when trying to recruit and retain good employees. Our Guide to Managing Employees provides sound guidance on hiring, motivating and directing employees. Apply Standards that Protect Employee Rights Complying with standards for employee rights in regards to equal opportunity and fair labor standards is a requirement. Following statutes and regulations for minimum wage, overtime, and child labor will help you avoid error and a lawsuit. See the chapter on Laws, Regulations and Technical Assistance Services in the U.S. Department of Labor's Employment Law Guide for information, and FirstStep Employment Law Advisor for advice on federal requirements. Also, visit the Equal Employment Opportunity Commission (EEOC) and Fair Labor Standards Act (FLSA).