Choose The Best Legal Structure For Your Business

Do you know the best legal structure for your small business? Legal structure refers to the way a business is organized. Choosing the best legal structure for your business is critical, as it affects aspects of your business ranging from tax payments to your personal financial liability. The most common types of business legal structure are sole proprietorships, partnerships, and corporations.

The most common and simplest legal structure is a sole proprietorship, or a business owned by one person. The owner and the business are the same entity in terms of taxation: the business profits are personal profits and taxed as personal income. The owner is financially responsible for business and their personal assets will be used to cover losses or debts incurred by the business.

Two or more owners of the same business may file for partnership status. This type of business structure is very similar to the sole proprietorship- all partners are held financially responsible for the debts of the business and the tax burden is borne proportionally by the partners.

The most complex business structure, and the most difficult to obtain, is the corporation. In a corporation, the owners and investors are separate from the business in terms of taxation and income and are not held entirely liable for the company's debt.

S-Corporations (Single Person Corporation) are an option for one business owner who wants to create a corporation to save money on taxes. As the sole employee of the business, they receive a salary out of the business profit and pay the appropriate income tax. The rest of the business profit they receive as a dividend payment, on which much less tax is paid. Therefore, by separating the profit into salary and dividend, the S-Corporation owner saves money on taxes.

When deciding on the best business structure for your business, consider that most businesses start small, beginning as a sole proprietorships or partnerships. These business structures require minimal paperwork and have a simple filing process, and are best suited for smaller businesses where there is less chance for high losses or being sued. Once your business takes on more risk, deals with higher amounts of debt, or requires substantially more capital, you should consider filing for corporation status to safeguard your personal assets and have access to more capital.

How To Check If Your Home Business Is Legal?

If you’re going to start running a business from your home, there are various laws you need to know about. If you don’t check things out before you start, then you risk having your business shut down by the authorities.

Zoning Laws.

The chances are that the different parts of your town or city have been split into different ‘zones’. Each one of these zones has a purpose: business or residential. Since you almost certainly live in a residential area, zoning laws restrict what you can do there in terms of business.

If you think about it, there are good reasons for this. What would it be like if someone could just decide to buy up a whole load of houses and turn the area into a shopping mall, without getting anyone’s permission? What if your neighbours could just turn around one day and start using their house as a shop? I doubt that you’d like that. The laws are there to protect your neighbourhood, and to stop business from interfering with people’s home lives.

You need to phone whatever local governmental body there is in your area, and ask them about the zoning laws in your area. If they’re not helpful, it could be worth a visit to a lawyer. You’ll find that laws vary massively – here are some of the things you might come across.

The Strict Zoning Policy.

Many areas still operate a strict ‘no-business’ policy in residential areas, and will come after you if you start a business without their permission. You’ll need to put in a formal application, and there could be a public hearing, giving other residents the chance to object. Time to start being nicer to your neighbours!

You should note that just because there are other home businesses in your area, it doesn’t mean that you’ll find it any easier to get permission. The rules may have been tightened up since those businesses were started. Still, it’s worth talking to other home businesses in the area, if you can, to see if you can get any advice.

Percentage Policies.

Another common way of handling things is to allow you to use only a percentage of your house for business, to avoid residential properties becoming wholly commercial. You might be told, for example, that only 20% of the house can be used for business purposes. This can be restrictive if you have a small house, or if you need to store things. Worse, areas with a policy like this are usually completely unwilling to vary it for you.

Restrictions by Industry.

It’s worth checking if there’s a special exception in the zoning laws for what you plan to do. Artists, for example, are often excluded from the laws (where are they supposed to work – the art office?), as well as people who give home tuition, like music teachers. Doctors and dentists are another common exception.

Signs and Traffic Rules.

You might find that the laws have special restrictions on signs and traffic. You could be restricted from putting anything on the front of your house that could be considered ‘advertising’, meaning that you can’t even have a sign with the name of your business. If you plan to have lorries or trucks bringing deliveries to your house, then that can pose a big problem, especially if someone complains about them, or there are lots of children in the area.

Visitor Rules.

Another contentious issue is visitors. For some reason, people get upset if lots of visitors keep coming to your house – they like their street to be quiet, not constantly busy. Some laws allow only a set number of visitors to your home business per day, or restrict the number of visitors that you can have at one time.

Breaking the Law.

A footnote to all this is that millions of businesses are operated illegally out of people’s homes, in violation of the relevant laws. They keep their business secret, because they know that admitting what they’re doing would probably get it closed down. This approach obviously isn’t recommended, though – you should always try your best to do things legally, and consider moving house if no-one seems to want your business in the area.

Business Name – How To Pick One From A Legal Perspective

A business name can be a huge factor in the ultimate success or failure of the entity. Unfortunately, many people fail to give a lot of thought to it prior to moving forward. There are many factors to consider including something memorable, a name related to your area of work and, potentially, the availability of the domain name.

Married?

Picking a business name is like getting married. You are going to have to stick with it till the bitter end. It is estimated a prospect will need to see your advertisement and business name at least 22 times prior to doing business with you. Once they associate your business with a certain name, making a change will be disastrous. Once you pick something, stick with it.

Naming Your Business

If you are going to be married to your business name, you need to make sure the bride isn’t already married to another suitor. There are four significant issues to consider.

Initially, you must determine whether the name is already being used in your state. The Secretary of State controls the names of all corporations, LLCs and partnerships. Most also have a web site where you can conduct name searches. Even if you are a sole proprietor, you should check the name against those already registered in the state database. If the name is being used, you will need to consider an alternative.

Assuming the name passed must with the Secretary of State, you should check it against existing trademarks file with the Patent and Trademark Office. The “PTO” maintains an online database. As with the Secretary of State, you can conduct an online search to make sure no other business is using it.

In this day and age, many businesses incorporate a web site as part of their business model. If you are in this boat, you need to check to see if the business name is available as a domain. If it is, you should register it immediately. If not, you can either change your business name again or focus on a domain name incorporating your service or product instead of the business name.

Avoiding Problems

You business could be devastated if you do not take these precautionary steps. Imagine the negative impact on your business if the name has to be changed three years down the line. Take a breath before you select a business name. Like a spouse, it can be either a good or bad choice.