July 19, 2024

Starting A Small Business

Basic Steps to Starting Your Own Business - From Idea to Incorporation

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Starting your own business can be both exciting and daunting. Whether you’re looking to establish a sole proprietorship or a limited liability company (LLC), there are several crucial steps to consider. This guide, presented by Michael O’Hanlan, CEO of R. M. O’Hanlan Consulting, outlines the key steps and considerations for starting a small business.

1. Create a Small Business

A. Sole Proprietorship

A sole proprietorship is the simplest and most common structure chosen to start a business. It does not produce a separate business entity and the business assets and liabilities are the owner's.

B. LLC (Limited Liability Corporation)

An LLC provides limited liability protection and pass-through taxation. It can be a single or multi-member structure, offering flexibility and protection.

C. Partnership

A partnership involves two or more people who agree to share in the profits or losses of a business.

Not a Small Business (for this presentation):

D. Corporations

Corporations are more complex and generally recommended for larger businesses.

E. Business Plan

Every business should start with a well-thought-out business plan outlining the business strategy, market analysis, financial plan, and operational plan.

2. Register Your Business

A. Name of Your Business

Choose a unique name for your business that represents what you offer.

B. A Trademark

Consider trademarking your business name, slogan, and logo to protect your brand.

C. DBA (Doing Business As)

If you're operating under a name different from your own, you might need to file a DBA.

D. Domain Name

Secure a domain name that matches your business name to establish an online presence.

E. Where to Register

Ensure you register your business with the appropriate state and local agencies.

3. Brand Identity: Trademark Slogans and Logos

A. What is a Trademark?

A trademark legally protects your brand’s name, slogan, and logo.

B. Slogans and Logos

Design and trademark unique slogans and logos to establish brand identity.

C. Where to Register

Register your trademarks with the United States Patent and Trademark Office (USPTO).

4. Get a Federal Identification Number

A. Are You Eligible?

Most businesses need a federal tax ID number, also known as an Employer Identification Number (EIN).

B. Fill Out the Application Online

You can apply for an EIN online through the IRS website.

C. Submit Application

Complete and submit the application to receive your EIN.

D. IRS EIN Application

5. Do You Need a State ID?

A. Virginia

B. Maryland

C. District of Columbia

D. Local Peculiarities

Each state has different requirements for state tax IDs and business registration.

E. Register with FINCEN

Ensure you comply with federal regulations by registering with the Financial Crimes Enforcement Network (FINCEN).

6. Business Permits & Licenses

A. Federal Requirements

Some businesses require federal licenses or permits.

B. State Requirements

State permits and licenses vary by industry and location.

C. Local Requirements

Check with your local city or county office for additional permits or licenses.

D. Economic Councils

Local economic development councils can provide resources and assistance.

7. Insurance for Your Business and Yourself

A. What is Liability?

Understand the different types of liability your business might face.

B. General Liability

Covers legal hassles due to accident, injuries, and claims of negligence.

C. Product Liability

Protects against claims related to the manufacture or sale of products.

D. Commercial Property

Covers property owned by your business.

8. Hire and Classify Staff Properly

A. Employees

Ensure you classify your employees correctly to comply with labor laws.

B. Contractors

Different from employees, contractors handle their own taxes and are hired for specific tasks.

C. Interns

Unpaid internships must meet specific criteria to comply with labor laws.

D. Volunteers

Handle volunteers according to legal guidelines to avoid misclassification.

9. Comply with Labor Laws

A. Pay Staff Properly, Careful with Minors

Ensure compliance with minimum wage laws and regulations regarding the employment of minors.

B. Maintain Staff Records

Keep accurate and detailed records of employment.

C. Provide Benefits as Stipulated

Offer required benefits and comply with benefits regulations.

D. Notify Staff of Their Rights

Ensure staff are aware of their legal rights and protections.

10. Open a Business Bank Account; Funding

A. 2 “Persons”: You and Your Business

Keep personal and business finances separate by opening a business bank account.

B. Personal & Business Credit Card Accounts

Maintain separate credit card accounts for personal and business expenses.

C. Download Monthly Statements & Transactions

Regularly review and reconcile your business bank statements.

E. Funding

Explore various funding options to support your business operations.

11. Keep Good Records

A. Rule of Thumb: KEEP DOCUMENTS

Maintaining thorough records can save you during audits and tax filings.

B. Can Save You in an Audit

Good records are essential for demonstrating compliance and financial health.

C. Filing Systems: Paper and/or Electronic

Implement a consistent filing system, either paper or electronic, for all business documents.

D. Naming Conventions (e.g., 2024-04-02)

Use consistent naming conventions for files to ensure they are easily searchable.

E. Banking & Accounting

Keep accurate records of all financial transactions and regularly reconcile accounts.

F. Tax Obligations

Understand and comply with all tax obligations, including income and sales taxes.

12. English Not Your Native Language

A. Google Translate

Leverage translation tools to bridge language barriers.

B. AI (ChatGPT, Geminii, etc.)

Use AI tools for real-time translations and assistance.

C. Most Major Languages of the World

These tools support translations in many major languages.

D. Use it “Bilingually”

Utilize translation tools in bilingual settings to improve communication.

E. 2 Screen Zoom Session

Conduct bilingual meetings using translation tools on a second screen.

F. Not Perfect, but Affordable!

Translation tools are not perfect but offer affordable solutions.

13. Legal, Accounting, and Other Resources

A. SBA (Small Business Administration)

The SBA offers various resources, including counseling and loans.

B. Accountants

Hire an accountant to help with financial planning and compliance.

C. Lawyers

Consult with lawyers for legal advice and to draft business agreements.

D. Insurance Brokers

Work with insurance brokers to obtain necessary business insurance.

E. Market & Launch!

Develop a marketing strategy to launch and grow your business.

14. Accounting for Income & Sales Taxes

A. Income Tax (IRS) – Owner’s Draw

Understand your income tax obligations and how to handle owner’s draw.

B. Sales Tax (State) When You Are Starting Out

Comply with state sales tax requirements from the beginning.

C. VA - Commonwealth of Virginia

D. MD – State of Maryland

E. DC – District of Columbia

Each region has specific tax regulations and compliance requirements.

Small Business Resources

SBA Resources:

COUNSELING:

  • SCORE: www.score.org
  • Small Business Development Centers
  • Women’s Business Centers

CAPITAL:

  • SBA Loans

CONTRACTING:

  • Contract with the Government
  • Take advantage of being a minority or disadvantaged business

ACCOUNTING:

By following these steps and leveraging available resources, you can set a strong foundation for your new business. Remember, while the journey may be challenging, proper planning and organization can pave the way for success. For more detailed assistance, contact R. M. O’Hanlan Consulting.