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Article #293: Five Steps to Starting a Business

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Starting a business can be a rewarding the broker to do a risk assessment to
experience, but it can also be very time determine what coverages you might need
consuming and difficult. Many resources and why. Remember, the broker makes money
are available to assist you, but by selling you insurance "products" so be
information overload can cause you from sure to question the types of coverage
moving forward. and amounts. If your broker can't explain
Keeping it simple is often the best way why he or she is recommending the types
of maintaining the momentum necessary to and amounts of coverage in the risk
get your business started. There are a assessment, find another broker.
series of steps to ensure success. The fourth step is recognizing and
The first step toward getting your implimenting taxes. Sole proprietors need
business going is deciding on a name, for to be conscious of local, state and
example "New York Landscaping." Any name federal taxes and registration
that you do business under other than requirements relating to their
your own given name is called a businesses.
"fictitious" or "assumed" name, and Hiring an accountant or bookkeeper to
certain steps need to be taken in order help set up a simple accounting system,
for you to do business under that or using a software package is a good
fictitious or assumed name. place to start.
Depending on where you live, different Hiring a tax professional knowledgeable
government agencies track which names are about local and state taxes relating to
available. Look in your local phone your business, or contacting the local
directory, under government agencies to tax authorities before you begin
find the number, or contact your local generating revenue or expending money can
Secretary of State. help you stay organized and be ready for
Check to find out if the name you want tax time.
has been taken. If it is available, you Additionally, the IRS offers assistance
may need to file a fictitious or assumed for entrepreneurs starting a small
name certificate with the state or local business in various publications. You can
fictitious name office. Some areas will download IRS Publication 334, entitled
also require you to publish a notice in "Tax Guide for Small Business", and
the local paper about your new assumed Publication 583, entitled "Taxpayers
name. Both state and federal law Starting a Small Business" from the IRS
regulates the use of names and web site.
"trademarks". To avoid conflicts with The fifth step is hiring employees (if
other businesses regionally or nationally needed). Though many small business
using your business's name, or the names people start out running their own shop,
of your products, you may want to success will often bring the need for
consider registering your trademark on expansion. When an employee is added, you
the federal or state level. Contact an must obtain an Employer Identification
intellectual property attorney for Number from the IRS. You can download
trademark search and registration Form SS-4 from the IRS web site.
services. In the United States, the Workers
The second step is knowing that different Compensation scheme does a lot to protect
areas have differing licensing and permit employers from lawsuits by employees
requirements depending on the type of injured on the job, while also providing
business you are going into. Most employees with easier compensation for
businesses that require a license will workplace injuries. Be sure to talk to
have a local licensing authority that can your insurance broker about workers'
guide you through the process. compensation insurance.
Find out the licensing requirements on Talk to your tax adviser, and make sure
federal, state, and possibly even local you register with your state for payment
levels for your type of business and get of unemployment compensation taxes.
licensed. Failure to be properly licensed Download IRS Form W-4 from the IRS web
could result in penalties such as fines, site to take care of employee
closure of your business, and withholdings. You should get copies of
imprisonment in some cases. INS Form I-9 to verify your employees'
The third step is getting insurance. When eligibility for employment in the United
things are going smoothly, insurance can States.
seem an unduly burdensome expense on a Finally, issues regarding wrongful
small business. But when things go wrong, termination, discrimination, workplace
whether or not you have insurance can harassment, and other legal issues have
mean whether or not you and your business come to the forefront in today's business
survive a catastrophic event like a environment. Make sure you have an
lawsuit, fire, or natural disaster. employment agreement that spells out
Liability insurance protects you against whether your employee is "at-will". ex:
liability in the event of injury to can be let go at any time without cause,
others or damage to other persons or the terms of the employee's contract
property. Liability insurers most often for employment.
have two duties: Make sure you Draft employee guidelines
1. The duty to defend you. Hire a lawyer, or an employment manual to make sure
if you get sued and there are no misunderstandings about what
2. the duty to indemnify you. Pay for expectations, rules and responsibilities
damage or injury to others. Both duties are in place. Document any issues
are extremely important, but the first is relating to your employees well and be
often overlooked by small businesses. proactive about handling disputes. A
The cost of defending a lawsuit can little planning in the beginning can save
easily run into the tens of thousands, or a lot of headaches and legal expense
even hundreds of thousands of dollars later on.
even if you win. That's why being careful In conclusion- hiring independent
is no substitute for liability insurance. contractors is often a good way to avoid
Make sure you have adequate coverage for the administrative burdens of hiring
your vehicles and those of your employees employees, but be precautious. There are
when used for business purposes. You can many pitfalls to hiring an independent
be sued and held liable for injury or contractor who is for all intents and
damage done by your employees if it is purposes an employee. Talk to a lawyer
within the course and scope of their and your tax advisor about who is an
employment. employee versus a contractor.
Property and theft insurance may be an Copyright © 2005 Abe Cherian
important consideration, as well as You may publish this article in your
product liability or service liability ezine, newsletter on your web site as
insurance. This is often called "errors long as the byline is included and the
and omissions" coverage. article is included in it's entirety. I
Interview a few local insurance brokers also ask that you activate any html links
and find one that seems knowledgeable and found in the article and in the byline.
that you feel comfortable with. Then ask






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