Re: [AFMUG] Legalzoom

Thu, 06 Aug 2015 10:35:41 -0700

In CA it is a completely different agency called the BOE (Board of Equalization) that you have to deal with to charge sales tax. We got the sales permit from the BOE, but at some point it became simpler for us to give away the hardware. Instead, we increased the service charge (which is not (yet) taxable in CA). 

bp
<part15sbs{at}gmail{dot}com>

On 8/6/2015 9:28 AM, Ken Hohhof wrote:
If you are going to collect sales tax, you will need to file some paperwork with the state. I believe you will need an Illinois reseller ID. Note once you have one, they will hound you for the quarterly paperwork, and don’t ever be late. The penalty for being late sending them $0.23 in sales tax will be something like $50. Ask me how I know. I finally refused to resell hardware and cancelled my reseller ID to make it stop. So the point was sole proprietor is easy (if risky to your personal assets), probably just file a form with the county clerk and open a separate bank account under your DBA, but there will be additional paperwork if you collect taxes or have employees. As Doug pointed out, you really should have a lawyer and accountant. You don’t know what you don’t know. They can advise you if you are making the wrong choice about sole proprietorship, partnership, LLC, PC, S Corp, C Corp, etc. for various reasons including putting your personal assets at risk, tax consequences, and whether your business can have a subsidiary. There are probably some advantages to a sole proprietorship, like as long as it’s just you, I think you can ignore OSHA. Woo hoo, look at me, I’m 7 feet off the ground without fall protection! 
*From:* That One Guy /sarcasm <mailto:[email protected]>
*Sent:* Thursday, August 06, 2015 11:12 AM
*To:* [email protected] <mailto:[email protected]>
*Subject:* Re: [AFMUG] Legalzoom
for a small, on the side business sole proprietorship would seem sufficient. Whats this you say about sales tax, a sole proprietor cant take in sales tax? On Thu, Aug 6, 2015 at 10:51 AM, Bill Prince <[email protected] <mailto:[email protected]>> wrote: 

    This stuff is not rocket science. It might be difficult for a
    lawyer, but it's a fairly rote process. I've done it a couple of
    times, and yes, you need to issue stock (if a corp), publish
    minutes, and a couple of other things. In CA, the SOS office has a
    little checklist of what you need. It takes maybe an hour or two
    to pull it all together.

    bp
    <part15sbs{at}gmail{dot}com>

    On 8/6/2015 6:45 AM, Hass, Douglas A. wrote:



    -1000

    If you just need to file corporate formation papers and nothing
    else, you can probably do it by downloading the free forms your
    state provides.  Registering a DBA name is easy, too.  Usually
    just a form that doesn’t take a degree to figure out how to
    complete.  Having an attorney is helpful, but by no means
    necessary. /On the other hand, LegalZoom is a complete waste of
    money./  You don’t need to pay LegalZoom unless you like snazzy
    web interfaces/hate PDFs so much that you are willing to pay
    money to use/avoid one.

    HOWEVER FILING THE FORMS ISN’T ALL YOU NEED TO DO!

    If all you do is pay the filing fees and file the forms, you
    haven’t done what you need to create a corporation that protects
    you and your personal assets (or other corporate assets), and you
    may not have done enough to actually transact business in the
    state or location where you are located.  You have to follow a
    number of other corporate formalities, too (corporate books,
    minutes, resolutions, state registrations/licenses, local
    registrations/licenses, etc.) or you will have just wasted your
    time and money.  As Ken pointed out, most states have annual
    filing requirements, too.

    Retaining a lawyer that specializes in this area, as well as a
    good small business accountant, is a must.  Otherwise, you’re
    risking your business right from the start.

    Doug

    *From:*Af [mailto:[email protected]] *On Behalf Of *Bill Prince
    *Sent:* Thursday, August 06, 2015 8:25 AM
    *To:* [email protected] <mailto:[email protected]>
    *Subject:* Re: [AFMUG] Legalzoom

    +1.

    You can do an LLC or an S corp for just the filing fee ($25 in
    CA). The process is fairly simple; even I can do it.

    Doing a DBA is also pretty simple, and only costs $10 or $20 to
    publish.


    bp
    <part15sbs{at}gmail{dot}com>

    On 8/6/2015 6:15 AM, Joshaven Mailing Lists wrote:

        You probably don’t need a lawyer to file the LLC.  I’ve seen
        companies that use one where the lawyer is payed to fill out
        a form that is easier to fill out then a 1099ez.  Look into
        getting a LLC form form the state first… you probably want a
        lawyer to draw up your articles of organization though.

        Sincerely,

        Joshaven Potter
        MTCNA, MTCRE, MTCWE, MTCTCE, UACA
        Google Hangouts: [email protected] <mailto:[email protected]>
        Cell & SMS: 1-517-607-9370 <tel:1-517-607-9370>

        [email protected] <mailto:[email protected]>

            On Aug 6, 2015, at 9:10 AM, Ken Hohhof <[email protected]
            <mailto:[email protected]>> wrote:

            Find a local lawyer who specializes in small business,
            you can set up an LLC or S Corp and do the annual filings
            with the state for a couple hundred dollars a year and
            you will have someone to consult when related stuff comes
            up. I use these guys (gals, actually), I’m sure there is
            something similar near you.

            http://www.cartertani.com/

            *From:*That One Guy /sarcasm
            <mailto:[email protected]>

            *Sent:*Wednesday, August 05, 2015 11:10 PM

            *To:*[email protected] <mailto:[email protected]>

            *Subject:*[AFMUG] Legalzoom

            Is this outfit worth dealing with for stuff like a dba
            for a small business that will probably generate 22 bucks
            and a bad taste in the mouth.
            I assume everybody here did this among other things once
            upon a lonesome. It's like 99 to 150 bucks plus the
            filing fees.
            Is a dba something you can muck up on your own?



    *Douglas A. Hass*
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