At 01:19 PM 6/17/2009, you wrote:
>A couple thoughts related to 1 & 4:
>
>You can still maintain full control with the LLC, but you gain all 
>the benefits of being incorporated.  If you are thinking about 
>getting a lawyer involved, that means you are trying to protect 
>yourself.  With the LLC, you mitigate personal risk associated with 
>the business.
>
>You should look at setting up shop in Nevada.  Just get a PO box in LV.

Having a Nevada presence requires more than a PO Box, but there are 
companies that will supply what you might want for relatively little.

On the other hand, I don't see any advantage. To do business in 
California, you still have to register your Nevada LLC here and pay 
the $800 annual corporate fee. Might as well just set up a California 
LLC. It's very standard these days. I set up one of the first LLC's 
in California about 1994 and I had to educate banks, county 
personnel, city clerks, just about everyone about just what this LLC 
thing was. You can get create the paperwork you need from books (see 
Nolo.com), or even from what you find online.

An alternative is an S-Corp, there are pros and cons you can find 
online. I think the S-Corp pays lower fees when the gross gets big 
enough ($250,000/yr? $500,000/yr?). I like LLC's because it's so easy 
to do it all yourself, though follow-through with all the steps is important.

Your taxes will not depend on what state your LLC or S-Corp is in, 
since both are "pass-through" vehicles, and just hand the income to 
you to pay taxes on. Shopping among states for better tax treatment 
is for larger corporations.

If you do your books in Quickbooks and your taxes in Turbotax for 
Business, you might never need an accountant, just a bookkeeper, 
perhaps. But get tax advice if you think you need it.

The LLC may give you a little more clout than being a sole 
proprietor, but no one should fool themselves into thinking it 
represents any sort of real protection. If someone wants to sue you, 
they'll sue your LLC or corporation and name you personally in the 
suit as well. Your attorney can argue to have you taken off if you've 
done things correctly, maintained separate books, not mingled 
personal funds or expenses in there, kept up with what you owe the 
state, etc, but being sued will still cost you, win or lose.

You may want to read up on trademarks at Nolo.com .

Keep asking questions and doing your own research. Asking lawyers is 
a very expensive way to learn and letting them do work you can do is 
even more expensive. Make what seems the best detailed plan you can, 
including writing your own contracts, and then run it all by an 
attorney in an hour or two and let him tell you where it needs 
fixing. That will keep you out of trouble and save you a bundle. 
That's how attorneys are best used, to keep you out of trouble in the 
first place, and that shouldn't cost very much if you prepare.

Scott

P.S. +1 on avoiding employees. You can get almost anything done by a 
contractor. Just follow the rules that keep contractors from being 
classified as employees. But if you have something where someone has 
to show up every day for at least a few hours, you may find hiring an 
employee cheaper. Just plan on them quitting at the worst possible time.


>Try to avoid employees as long as possible, then you can avoid 
>accountants.  You should be able to find consultants that charge a 
>bit more, but it's a good thing for you.
>
>--
>
>2 & 3
>
>Not sure about the trademarks... What's insurance? Be risk adverse.
>
>--Dan
>
>On Wed, Jun 17, 2009 at 1:07 PM, Erik Pukinskis 
><<mailto:[email protected]>[email protected]> wrote:
>Hey friends,
>I am starting a little web business, and since I've started
>interacting with customers it's time for me to legally get off the
>ground.  Unfortunately, I don't have any expertise with this, beyond
>what I've learned from teh internets, and I could use some help.
>First, can anyone recommend a good, affordable, web-savvy San Diego
>small business lawyer?  And an accountant?
>Otherwise, does anyone know anything about these things....
>1) Should I file for my permits in CA or in somewhere with nicer tax
>laws, like Delaware?  If I and my employees are working from San
>Diego, does that just mean I have to register as a business here?
>With city, county, etc?
>2) What international trademark classes do people use for the
>trademarks for web business?  My site is providing instructional
>materials, but I'm also mailing people products and printed guides.
>I'll be building an iPhone app too.  Should I just drop $1200 and
>cover all my bases, or can I get by with a trademark under one $300
>class?
>3) What do people recommend for business insurance?  And where do you get it?
>4) I'm leaning towards a Sole Proprietorship, since I want to maintain
>full control and I think the liability will be minimal.  Has anyone
>done this?  Are there any pitfalls?  Should I look more closely at an
>LLC?
>It seems like I'm definitely going to need a lawyer soon enough, but
>maybe I can get by for a while without it.  I'm supporting the
>business out of pocket and am trying to keep expenses to a minimum.
>Love,
>Erik
>
>
>
>
>
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