Business Liscense question

[CobyPhoto]

Just a note on LLC's - while the basis of the shielding your personal assets from liability is true, it isn't actually that good. Just depends on the situation.

If you borrow money, have a mortgage on property, lease equipment etc. under an LLC and do not have a VERY GOOD credit history under that LLC, you will be asked to personally guarantee the loan, lease, etc. In that situation, the LLC offers you no protection. Default on your loan, lease etc. and they can come after you personal assets as well.

It will help protect you however, but the benefits in the beginning are far outweighted by the costs and hassels. To LLC or S-corp a business you are looking at about 1000.00 in fees up fron to get it right. (Lawyers are involved, so you know that is going to be fun!)

And, if you have to change your name, end an LLC or S-corp, they CHARGE you for that too! They get you coming in and going out! If you research the advantages of an LLC or S-Corp the tax advantages and incentives won't help you until you reach close to the 300K in revenues. For a start up business, it is easier and more beneficial to simply do it Sole Proprieter. Much easier to keep up with, until you NEED the protection an LLC or S-Corp offers.

CJ

[Howard Barlow]

Originally Posted by CobyPhoto

Just a note, while Howard is right on with the information that he has given, it is wise to get the dba in place to PROTECT your name.

Once registered, your name is protected from anyone else assuming that exact name, for a period of 10 years and doing business under it. In other words, you are protecting yourself from others and anything they may do that might have an affect on your business and reputation by name association.

CJ

CJ,

I have been told, but never researched, that your DBA is only "good" in your county, not statewide, and someone else can register the same name in another county. Do you have any info on that?

........................

I decided to call the county clerk and get the info from the horse's mouth. Unfortunately, I must have spoken with the other end. Basically, he said if incorporated, your dba was statewide, but unincorporated was just local. Then I asked, "So if I register Joe's Co. in one county, someone else can register it in another county?" He responded, "Well, I don't really know. I just fill out the forms and submit them."


"We're from the government. We're here to help you."

[CobyPhoto]

Originally Posted by Howard Barlow

CJ,

I have been told, but never researched, that your DBA is only "good" in your county, not statewide, and someone else can register the same name in another county. Do you have any info on that?

........................

I decided to call the county clerk and get the info from the horse's mouth. Unfortunately, I must have spoken with the other end. Basically, he said if incorporated, your dba was statewide, but unincorporated was just local. Then I asked, "So if I register Joe's Co. in one county, someone else can register it in another county?" He responded, "Well, I don't really know. I just fill out the forms and submit them."


"We're from the government. We're here to help you." Attachment 54335

What a true experience! Yes, that is very true. It is only county to county. (Knew that just didn't think to type it in there when I posted earlier!) I have mine registered in several counties, but my ultimate goal is to convert to an LLC at sometime in the future.

It still offers you protect close to home, where the name association would have the most affect.

CJ

[picasso]

One more thing. I filed for a trademark. This is probably over kill but it will protect you nationwide. The reason I did it is I was pissed off at someone I did not know.

Long story short. I did a Domain Name search for groovephotography.com It was available but for whatever reason I did not register it until two weeks later. Well, to my surprise 3 days after my first search someone had registered it. I filed for a trademark on my logo and name so that when I finally get it (Takes 6 months to a year) I can send a letter to the asshole that jumped on my domain name in hopes I would come crawling to them and pay money it. As it is, I grabbed the .net for the same name and am waiting for my trademark. I was using Groove Photography and have proof of it before the domain name was registered. My wife (Attorney) says I should be able to force them to give up the domain name.

Advice for those doing domain name searches is to make sure that if you find what you want you better grab it if it is available. The registration companies sell lists of searches that were done to people and they will buy them if you don't. It will then cost you $$$ to get the domain name if you really want it.

Paul

[LoriLeigh]

Thanks so much for all of your responses...

So who do I talk to to find out if and what kind of "license" I am supposed to have in order to charge for my photography in Bell County?

[picasso]

You can do it online. Start here

http://www.window.state.tx.us/taxinf..._business.html

There is an online application that you will need to search for. Fill it out and print out the paperwork and sign it and send it back in. You will get a tax id mailed back to you. You will also start getting the quarterly filing paperwork.

Paul

[LoriLeigh]

I already have my Sales Tax ID...
I know I need to "register" my business through my county clerk's office.
But I would like to know what kind of "license" I need in order to conduct business... I am assuming a Tax Id and Business license are two different things of which both I need.

Maybe I am confused.

[CobyPhoto]

Originally Posted by LoriLeigh

I already have my Sales Tax ID...
I know I need to "register" my business through my county clerk's office.
But I would like to know what kind of "license" I need in order to conduct business... I am assuming a Tax Id and Business license are two different things of which both I need.

Maybe I am confused.

There is no license required. Registering your dba name will simply afford you some measure of protection against name use and recognition. Once you have the State Tax Number you are ready to go. Nothing else is required.

CJ

[picasso]

What Coby said.

[LoriLeigh]

Thank you guys so much!

[andyz]

One other thing you may consider. If you set up a home studio and have clients in and out, you may have to look at your property's zoning designation. Probably minimal risk there, but still something to know about.

[Buddha]

Worse than zoning restrictions are deed restrictions on home businesses.They vary from subdivision to subdivision and your neighbors' tolerance for increased traffic.

[AnnetteT]

Originally Posted by picasso

One more thing. I filed for a trademark. This is probably over kill but it will protect you nationwide. The reason I did it is I was pissed off at someone I did not know.

Long story short. I did a Domain Name search for groovephotography.com It was available but for whatever reason I did not register it until two weeks later. Well, to my surprise 3 days after my first search someone had registered it. I filed for a trademark on my logo and name so that when I finally get it (Takes 6 months to a year) I can send a letter to the asshole that jumped on my domain name in hopes I would come crawling to them and pay money it. As it is, I grabbed the .net for the same name and am waiting for my trademark. I was using Groove Photography and have proof of it before the domain name was registered. My wife (Attorney) says I should be able to force them to give up the domain name.

Advice for those doing domain name searches is to make sure that if you find what you want you better grab it if it is available. The registration companies sell lists of searches that were done to people and they will buy them if you don't. It will then cost you $$$ to get the domain name if you really want it.

Paul

The same thing happened to me last week. I had been planning my business strategy, which involved multiple domain names...and I was trying to decide what the right thing to do was.

I placed an order at 10 pm one evening for three AVAILABLE domain names from a LARGE hosting compay (Hostway).

Their site said 6-7 hours for acquisition/processing.

Twelve hours later, the names were still available for purchase...
Fourteen hours later...someone had registered the primary name I had requested (the main studio brand).

I was furious...immediately went to another web site and registered the other two names...they were up in less than 5 minutes...

It is very obvious that someone (probably who worked at this company) did this to hold the domain for hostage...

I filed a complaint with the company and they're investigating, but I don't expect anything to come of it...

I've probably registered (for myself and clients) at least 100 domains over the years and this is the first time it's ever happened to me.

Just be careful when you register a domain name -- make sure you register it through someone reputable (I thought I was...!)