Legal aspects of starting a business?

9 replies
OK so I'm finally getting started online. I've got a domain, website, product idea, and everything else, but I don't know the legal aspects of starting a business online.

My business is entirely online based (no retail stores, no physical products... yet) and I am wondering how would I go about reporting income. Could I report the money I make online as income and just pay income tax on it OR would I have to get a business license?

I'm not really expecting an all-out legal consultation, but any tips you have would be great. I'm ready to get started asap so any help you could give me would be amazing!

P.S. I live in Florida so if you know anything specifically about Florida laws on online businesses I'd love to hear your insights.
#aspects #business #legal #starting
  • Profile picture of the author aaron_nimocks
    Here's what I do.

    Make money all year and not pay taxes. Then when I go do my taxes I include the income. The tax people always tell me I should pay during the year because I can get a penalty but I never do.

    You dont need a business or LLC to make money to answer your question.

    I only do this because the amount I make. If your making a great deal, then you need to go a different route.
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  • Profile picture of the author css
    Well in my opinion you missed a vital step. You should have got a POBox, then started up an LLC and registered all of the following in the companies name:
    Bank account
    PayPal
    AdSense
    etc
    Originally Posted by Null-11 View Post

    domain, website, product idea, and everything else
    Yada yada yada
    Now you have a business that is legally isolated from you and all that you own: Land, house, car, motorcycle, etc.
    That is just me though.
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  • If you make money the Government is entitled by law to their share. The business entity you pick will determine when tax is due.

    Most affiliates never make enough money to qualify as a business. Unless you make over $600 from a single source you will probably not get a 1099 (Some larger companies send them anyway), but you still owe money on the profit you make.

    If you file a 1040 with a Schedule C and try to deduct business expenses and show a profit after expenses you are in for a very rude awaking. You owe not only Federal Income Tax, but 15.3% Social Security/FICA Tax. I believe there is no State Income tax in Florida so you will probably be okay there. However some states actually tax business property. It's an endless hassle of paperwork.

    The bottom line is do not file a schedule C unless you make over $600 from any one company and intend to deduct business expenses.

    Anyone that is truly in business online would do well to consult at the very least a bookkeeping service. The law gets pretty tricky and changes yearly.

    Do NOT listen to the advice of people who are not really in business as it clearly shows their ignorance. And ignorance is not a defense when you get audited.

    As far as a business license goes it depends on your location. Some jurisdictions require it and some do not. It is usually required when you try to set up a business account at your local bank.
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    • Profile picture of the author Silas Hart
      Originally Posted by InternetMarketingIQ View Post

      If you make money the Government is entitled by law to their share. The business entity you pick will determine when tax is due.

      Most affiliates never make enough money to qualify as a business. Unless you make over $600 from a single source you will probably not get a 1099 (Some larger companies send them anyway), but you still owe money on the profit you make.

      If you file a 1040 with a Schedule C and try to deduct business expenses and show a profit after expenses you are in for a very rude awaking. You owe not only Federal Income Tax, but 15.3% Social Security/FICA Tax. I believe there is no State Income tax in Florida so you will probably be okay there. However some states actually tax business property. It's an endless hassle of paperwork.

      The bottom line is do not file a schedule C unless you make over $600 from any one company and intend to deduct business expenses.

      Anyone that is truly in business online would do well to consult at the very least a bookkeeping service. The law gets pretty tricky and changes yearly.

      Do NOT listen to the advice of people who are not really in business as it clearly shows their ignorance. And ignorance is not a defense when you get audited.

      As far as a business license goes it depends on your location. Some jurisdictions require it and some do not. It is usually required when you try to set up a business account at your local bank.
      Perfect post.

      The truth is in what I highlighted. A lot of people, and no offense to anyone here, come online and create an image where they are successful working from home and make thousands of dollars per week. This is usually to back up the products they create, because who would want to buy an Article Writing product that claims to make thousands a week from a person who makes probably $200 a month online?

      Working online really isn't much different from owning a physical store. You usually need permits and licenses, and to be recognized and established as a business owner.

      It's best to consult a CPA (Public Accountant) as they usually know everything off hand, and can help you save money in ways the person I quoted about filing a Sched. C document that states where your money comes from.

      To START OUT, you can obtain a Tax ID (EIN), register as a Sole Proprietor, and then file for a DBA (Doing Business As) thus allowing you to operate under a Business Name and own a bank account under your business name. Then you can work through your business account to set up most of the financial side of things online (such as a merchant account) however, at this point, you are not completely separate and are still liable for anything that may happen. As for taxes, consult a CPA.

      I do everything under a LLC.
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      • Profile picture of the author Null-11
        Everyone, thanks for all the feedback! I read each one and learned learned a little from each.

        Originally Posted by FaJeeb View Post

        Perfect post.

        The truth is in what I highlighted. A lot of people, and no offense to anyone here, come online and create an image where they are successful working from home and make thousands of dollars per week. This is usually to back up the products they create, because who would want to buy an Article Writing product that claims to make thousands a week from a person who makes probably $200 a month online?

        Working online really isn't much different from owning a physical store. You usually need permits and licenses, and to be recognized and established as a business owner.

        It's best to consult a CPA (Public Accountant) as they usually know everything off hand, and can help you save money in ways the person I quoted about filing a Sched. C document that states where your money comes from.

        To START OUT, you can obtain a Tax ID (EIN), register as a Sole Proprietor, and then file for a DBA (Doing Business As) thus allowing you to operate under a Business Name and own a bank account under your business name. Then you can work through your business account to set up most of the financial side of things online (such as a merchant account) however, at this point, you are not completely separate and are still liable for anything that may happen. As for taxes, consult a CPA.

        I do everything under a LLC.
        Thanks for this especially FaJeeb.

        I've emailed my accountant and I'm hoping to talk to him next week. Hopefully I'll be up and running before long. I've been sitting back too long wishing for results and now it's time for me to get serious, treat this like a business, and start taking action.
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  • Profile picture of the author emarketingbd
    Usually you just print out your Paypal transactions or (or CPA or Adsense earnings history). Also if you're using PPC, print out any expenses. then show them to your accountant, and let him/her do the rest.
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    • Profile picture of the author The Brian
      In my opinion you should speak to an actual lawyer about this, not "forum lawyers". I know everyone is trying to help, but the wrong advice could do a lot more harm than the help that the correct advice can bring.
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    • Profile picture of the author JohnMcCabe
      Not sure which county you are in, but you might want to check the county website to see if you need a business license (usually means filling out a form and writing a check) to establish a DBA.

      Beyond the tax stuff, open a business checking account (Regions Bank offers free business checking and they aren't too obnoxious to deal with.) Then get a credit card in the name of the business. Use those strictly for your business.

      That way, all of your business income and expenses are isolated from your personal financials. If you do file a Sched C, it makes things much easier. And it helps establish your intent to run a real business, rather than a hobby.
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  • Profile picture of the author TheWealthSquad
    Treat this like a business

    That is the one statement that stands out from your last post. If you already have an accountant, ask him. Get your money's worth. Depending on your state an LLC or S-Corp may be easier to set up.

    I will give you this caveat though. Most accountants are not business consultants. They do an excellent job of accounting. Some do a great job at tax preparation (though not all accountants are capable of doing taxes). There are three different reasons to set up a business structure other sole proprietorship.

    1) Legal protection
    2) Tax savings
    3) Access to capital/Exit planning

    Most people won't need #3. Talk to a lawyer about #1. Talk to an accountant/tax preparer about #2. You get different parts of the answer from each of them

    Sole Prop is the easiest to set up and gives you the least protection and least tax savings. LLC gives you more protection and can be taxed as an S-Corp. Single member LLCs are recognized by all states and can be filed on a Sched C so aren't any more complicated for tax purposes.

    S-Corps give you more protection (Mainly because they have been around longer than LLCs and have been more thoroughly tested in the courts) and a different set of tax savings but also bring new requirements as well (Issuing yourself a W-2 for example). They cannot be filed on your tax return as a Sched C but are required to be filed separately on a 1065 and a K-1 issued to your personal tax return. So a higher cost for tax preparation but some benefits from taxes if you are making a reasonable income from the business.

    Both S-Corps and LLCs are flow through entities which means the money flows through to your personal tax return. Ask your accountant WHY he recommends what he does. The advantages and disadvantages of each. Make sure you understand the requirements your state has for maintaining the business (any yearly filings, etc.)

    Nothing worse that setting up a business for legal protection and not maintaining it. Ask him to explain piercing the veil. It is important to understand it.

    Luck is where hard work meets opportunity. SO good luck with your business
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