Introduction
Making your own decisions. Doing something you love. Spending more time with the family. Participating in the American dream. Starting a business is awesome. Paperwork. Legal fees. Invoices. More paperwork. Taxes. Starting a business sucks. The Particletree team is about to incorporate its second business and have come to the conclusion that, while everyone seems to be pretty good at giving sage advice about running a business, most fail to get to the specifics on starting one.
In an attempt to reduce the number of frustrating hours searching the web for what you need, we’ve written this article to help you with the small business paperwork, the basics of accounting, and an overview of some legal considerations. The topics aren’t sexy, but they’ll get you headed in the right direction if you’re tired of working for the man and want to get out on your own. Before going further, we want to apologize to our foreign readers. Most of the resources noted here are relevant to United States businesses only.
Our Favorites First
There are too many sites and too many books out there trying to take advantage of the apparent complexity of business. Before we really get into it, we’d like to recommend our favorite digital source and our favorite analog source of information for this stuff.
The first comes from the Lords of Paperwork themselves, the IRS. Surprising, I know, but it’s in the IRS’ and the economy’s best interest to make this information easy to find and easy to use. Their Small Business and Self-Employed One-Stop Resource is unquestionably a perfect place to get the official word on all of these issues. It’s one of the best federal government web sites out there. It’s all very well organized and very easy to read. They even offer free broadband video streams for a number of their tax training courses.
The second is a guidebook for businesses dealing with creative and communication services titled The Business Side of Creativity by Cameron S. Foote.
>The most comprehensive business companion available for those just starting out or expanding operations in the design field, this updated edition of an industry standard furnishes all freelance graphic designers, art directors, illustrators, copywriters, and design-shop principals with the tools needed to move ahead in the design business. From getting launched to running a multiperson shop to retiring comfortably, this book covers it all and includes sample business forms.
>Amazon Book Description
This book is chock full of some of the most practical and forward advice we’ve seen on all of the topics below and even includes additional material on pricing, customer relationships, and time management. We can’t praise it enough around here-it’s just too good.
Business Genesis
After you know what you’re going to do and with whom, there are three important tasks to accomplish when creating a small business. 1) decide on a business structure, 2) determine if an EIN number is necessary, and 3) open up a business bank account. After completing these tasks, the groundwork for your business is set and you’re on your way to becoming the next Steve Jobs.
Choosing a Structure - Once you decide to go into business, you’ll have to choose a business structure to see what kind of paperwork you’ll have to fill out to make your business a legal entity. There’s a lot of variance among the structures in regards to their tax implications and personal liability. A sole proprietorship or partnership might be all you need to quickly and inexpensively start a business, but they leave you personally vulnerable. On the other hand, a corporation could provide you with less personal risk and liability, but cost more time and money than you’re willing to invest. Spend some time understanding the different types of structures, since they all have their pros and cons. To learn more about the different business structures, check out entrepreneur.com, and the Small Business Administration.
After choosing a structure, you may need to decide where you’ll want to incorporate. A lot of companies do not incorporate in the state in which the founders reside. Different states have different laws that may prove beneficial or detrimental, depending on what you’re hoping to accomplish. Three of the most popular states to incorporate in are Delaware, Nevada, and Florida. We can see you all starting to Google your way to an informed decision, and what you’ll find is a lot of people trying to sell you incorporation services. Incorporating is actually an easy process and can even be done on the web or on the phone with some firms. Incorporating Particletree (Florida S Corp) online cost around $450 through Spiegel & Utrera, P.A. and our new company (Delaware C Corp) will cost about $600 through a law firm. You’ll get all the paperwork set up for you with cookie cutter agreements, minutes, and anything else you need to become an official entity. Should you decide to incorporate, we recommend sitting down with a lawyer or accountant with your goals before making a decision. This might run you a hundred bucks or so, but provides some peace of mind.
Employer Identification Number - Once a business structure is selected, your company might need an employer identification number or EIN. An EIN is a unique number the IRS assigns to your company for tax purposes. Think of it as a social security number for your business. The IRS provides information for determining if you need an EIN, applying for an EIN, and a detailed PDF on EIN’s. Most incorporation services will fill out the appropriate form for you to mail off to the IRS.
Business Bank Account - Once the company is official, head on over to the bank and create an account dedicated to your business. While you can use a personal bank account for some forms of business, it just isn’t a good idea. A business bank account allows you to separate business and personal finances and provide a good level of transparency should you ever be audited. Besides, setting up a business bank account is cheap and sometimes even free, depending on the bank. Right now, Bank of America offers free checking if you meet the monthly requirements. If you don’t, it’s around $16 a month.
Accounting
Soon after your business is official, strange tax forms will start to show up in your mailbox. People tend to believe the government to be a bureaucracy moving at the speed of slug, but the IRS becomes the epitome of efficiency after an EIN number is assigned. After an EIN is issued and the mail starts rolling in, you might want to learn a little about number crunching and hire an accountant.
It’s possible to learn the ins and outs of accounting by yourself, but unless you dream of becoming a business superhero, you will probably want to stick to what you do best and hire an accountant to do what they do best. Some accountants are even open to the idea of trading services, and you can definitely create a web site faster than you can become a CPA.
Choosing an Accountant - When searching for an accountant, you’re really looking for a new team member. A quality CPA can provide you with tax planning, business advice, personal finance advice, and of course, number crunching. Don’t just settle on any accountant, but look for someone who understands your company and its goals. The best approach to finding an accountant is to ask similar companies who they use and how their experience has been. You could also search for accountants in your neck of the woods. Make a list of potential accountants and take them out to dinner one night. How to choose your accountant or Hiring a CPA will get you started on how to select the right accountant for your business.
Note that if you are only testing the entrepreneurial waters and are not ready to shell out the big bucks for a CPA and all their business advice, an enrolled agent can give you all the help you need come tax season. If you keep up with the books, you should be able to have your taxes done for a couple hundred dollars.
Bookkeeping - Keeping good books is essential to a company since they tell you how much profit you make, monitor the progress of your company, help to recognize cycles in the market, are necessary for tax preparation, and provide detailed records when applying for a loans or selling the company. A good CPA provides a wealth of business and tax advice, but they might not be the person to record your daily financial transactions. CPAs are expensive and bookkeeping is a fairly easy, if tedious, task. For a small business, personally recording the books initially could prove beneficial as it helps with understanding basics of financial accounting. Not to mention that saving money is often a priority of small start-up companies. If you do choose to hire a bookkeeper, it’s not a bad idea to go over the numbers with your bookkeeper to gain an understanding of what is going on.
To start you off with bookkeeping, the U.S. Small Business Administration provides tutorials on basic bookkeeping and accounting. Additionally, learning about single entry bookkeeping, double entry bookkeeping, and the accounting equation will help you become a master of the books in no time.
For the actual bookkeeping process, you can use good ol’ pencil and paper, or a bookkeeping software program such as Quickbooks. Before hiring a bookkeeper or taking on the task yourself, talk to your accountant for bookkeeping recommendations.
Taxes - Taxes are boring, sometimes painful, and generally best left to the accountants. Your tax responsibilities vary from business to business and from year to year. If you would like to learn more about taxes, here are some of the best resources the IRS has to offer.
Contact the IRS - You can contact the IRS for free basic tax advice. Be advised, if you call them on the day your estimated taxes are due, be prepared to listen to a busy signal. Don’t ask me how I know this.
IRS Online Classrooms - View a streaming video of an IRS Small Business Workshop, take an IRS course, or complete an online self-directed version of a workshop taught live around the country. There are also links to additional resources, including learning experiences for small business owners produced by some of our partners.
Tax Guide for Small Businesses - A publication by the IRS dedicated to small businesses and taxes. This is actually a pretty good read and gives you an overview of your tax liabilities.
Filing and Tax Needs - Includes links to EIN numbers, late fees, estimated taxes, and all kinds of other tax goodies.
IRS Forms and Publications - The official source of IRS tax products including many valuable forms and publications. The links provide methods to access and acquire both electronic and print media.
Deductions - You may have just skipped the section on taxes, and I don’t blame you. That’s what accountants are for. That being said, you should learn about deductions, or expenses that can be subtracted from taxable income. Deducting ordinary and necessary business expenses, such as computer equipment or business travel, can lower your overall tax liability and save your small business thousands of dollars.
For example, if you earn $1000 in revenues and buy a business computer for $600, your tax liability is only $400 rather than the $1000 it would normally be. If you are paying a 25 percent income tax, your tax liability is $100 instead of $250.
You may choose to allow your accountant to handle all of the tax work, but a basic knowledge of deductions helps you make informed purchasing decisions. Your accountant will not hold your hand through every purchase, and it’s a good idea to understand why courtside Lakers tickets are not ordinary and necessary, but a nice meal with a client or partner could be. A great book for learning about deductions is Deduct It, but if you’re looking to take the cheap road, the IRS has provided an exciting 58-page PDF on deductions.
Legal
You’re inevitably going to have some standard legal questions when starting a business. Will I need a lawyer? What type of contract should I use? Is a copyright necessary? Hopefully, the following sections will help out with basic legal worries.
Lawyers - Lawyers and accountants are similar to web designers in some aspects. They may use all the right catch phrases, but some just suck. Just like with an accountant, find a lawyer who understands your business and has some relevant experience with similar companies. Take time to meet a lawyer in person and try to build a working relationship. While not essential, a lawyer can help you create a corporation or review documents used to create your company. You could do this all on your own, but someone more knowledgeable on the subject provides peace of mind. Besides, if you ever get into real legal trouble, a knowledgeable lawyer is a good contact to have.
Copyright - A copyright helps to legally protect your works. Your code or illustration is actually automatically copyrighted upon creation, but obtaining an official copyright can save you a lot of trouble. For more information on obtaining a copyright, check out the Copyright homepage, copyright registration for computer programs, and copyright registration for online works.
Contracts and Letters of Agreement - Before performing any client work, you’re going to want a contract or a letter of agreement detailing the work to be provided, project timeframe, payment information, and all of the other legal stuff. A contract or letter of agreement is standard business practice and helps to remind you what services must be performed just as much as it helps the client understand what they are paying for. A few resources on contracts and letters of agreement can be found below.
An Overview of Important Items for a Web Design or Print Contract
American Institute of Graphic Arts Standard Form of Agreement
Although you can find many contract forms and user agreements on the web, it is recommended you have a lawyer double check it (at their hourly rate, of course).
Invoices - Billing clients is a fairly painless process. Actually getting them to pay might not always be so easy. Blinksale is free for starters, and is an excellent way to send invoices online.
Help
If you’re ever in doubt, remember there is help available to your small business. In case you missed the link in the tax section, the IRS has a phone line ready to help with your tax calls and online classes detailing tax basics. The Small Business Administration is another fantastic resource providing a number of courses aimed at helping your small business succeed. Finally, SCORE is another completely free business resource compromised of thousands of business owners and former business owners dedicated to helping people like you start out. When you run into a problem, SCORE provides a learning center and also allows you to submit a question to be answered within 48 hours.
General Advice
We like roundups at Particletree, so here’s a Getting Started Roundup. Most of you in the circle will probably have already read all of these articles, but they’re always a great set of perspectives on what other people have gone through starting a business in web development. There are a lot of ways to start a business and a lot of different ways to run one. We recommend understanding as many styles as you can before deciding on the methods that will best fit you and your goals.
I’m suprised you guys didn’t include the presentatations from Startup School in your Round Up.
I thought they were great.
Awesome! Thank you very much for taking the time to write that. Many of my questions have been answered. Freelancing has been a dream for awhile because I am tired of working for the man.
Might you consider writing a follow up about tips for getting work/clients when you are just starting?
Being a foreigner reader I felt a little bit excluded. I know you apologized for that, but I feel you could’ve explained what are the different paperworks, IRS, etc.
Writing a little more abstract wouldn’be be bad, right? In fact, the same concept still applies in most of civilized countries today. Nevertheless, it’s still a great article
I’m sorry you feel excluded Bruno. We definitely care about our international readers, but there is no way I could have written about business in other countries.
Ryan, There are a number of methods people use for attracting cutomers, but I believe the best thing anybody can do is to be active in your field. Start a blog on something related to your business (design, programming, etc.), join a blog network, go to conferences. Without even advertising for client work, this site generates a decent amount of requests for programming, design, book offers, and job offers.
You could also take the route of asking friends, family, local businesses and looking for clients. If you’re really serious about getting started in freelance, read The Business Side of Creativity. It will answer your questions.
“Making your own decsions.”
my first decision would have been to spell check my blog post. ;)
Honest mistake =)
OMG, stop complaining you whiners! This was a great resorce (SPELL CHECK THAT!)
The “copyright registration for online works” link leads me to a “page not found”. Just fyi. Great article. Thanks:)
James
Thanks, James. Should be good now.
Brilliant article, as always from particletree. Thanks
Chris, big thanks for article. May be you know if this guide and recources suitable for foreign citizen who decided to register a company in USA?
Great piece, Chris. Two observations, though: first, you write “Your code or illustration is actually automatically copy written upon creation, but obtaining an official copyright can save you a lot of trouble.” This is true, but as a lawyer, I can tell you that if a client asks me “When is my work copy written?” I’m going to look at them funny. The word is “copyrighted.” (Not a spelling flame — terminology, and not appearing clueless, is important.)And second, you really, really need to mention IRS Form 2553, “Election by a Small Business Corporation,” that allows a small business to elect S Corporation status. I would guess (and this is not legal advice) that most corporations formed following your guide will want to elect S Corp status, and there is a fairly strict deadline for doing so. The form’s a mite complicated — an accountant or enrolled agent can help you with it. The form is available at http://www.irs.gov/pub/irs-pdf/f2553.pdf, the instructions for the form are at http://www.irs.gov/pub/irs-pdf/i2553.pdf. Keep up the good work!
Another tip: Develop and refine your elevator pitch. For some examples, assistance, and a chance to get your pitch out to the world, see http://www.yourelevatorpitch.com/
Everyone needs a hug.
Thanks for an informative read. There have been a lot of “how to start your own business” articles out there lately, but this one is more concrete than most.
Regarding MitchS’s suggestion of S-corp status: For my own needs as someone setting up shop as a freelancer, an LLC was the better way to go by far. Those looking to compare S-corp and LLC business forms should read the following:
http://www.entrepreneur.com/article/0,4621,288849,00.html http://www.form-a-corp.com/def_llc.php
Very nice writeup Chris. Very informative and revealing for new starters like myself.
I’ve found the articles by Andrew Neitlich on Sitepoint.com very helpfull and interesting too. Actually, whenever i read on of his articles (and he blogs quite a few) i wanna get back to work and start making new clients! Check out his articles in the Selling Webdesign Services Blog on sitepoint.
Great article in particular for freelancers. I would like to say though that web startups should probably wait for some actual revenue before doing most of the above.
I have also written this article about Legal structures for bootstrappers (which isn’t really country specific Bruno). Here I analyze the benefits and problems of specific legal structures with a specific focus on bootstrapping web startups.
I must say this article is definitely one of the better articles I’ve had the pleasure of reading lately.
It is well written, well researched, informative and easy to follow - a few spelling errors doesn’t detract from it in my opinion. If anything, it gives it character :).
Chris, “This article is the Walmart of articles for new atartups”. One Stop Reading
Thanks for this article, I will move to NY (I’m living in Colombia) in some months and I want to start my own Java development company, I really appreciate this info.
Everyone needs a hug.
Great post, this is an easy to follow primer on starting a business. I blogged about it today.
Thanks for the article, even though I’m not in the US I can pretty much relate the government sections to the ones we have here in Brazil. I - fortunately - did everything listed here an year ago and found it to be a great method indeed. The good thing is that my father is a really experienced accountant and he helped me and my sister along the process, that was great.
Nice read. This is put together very nicely and sure is a good guide for all of us :)
Thanks for the effort you put into this. It has helped me focus on the few things i have overlooked. It would be interesting to see how many of us new businesses are still in play in a few months and do a follow up on the things we have learned.
Great resource. Wish I had this 5 years ago! One thing I’d recoomend under the “Accounting” section is Quickbooks Online Edition.
I started off with Quickbooks desktop first, and never really could get the hang of bookkeeping. But when I switched to the online version, something about the web interface made me understand how accounting and bookkeeping works. As if the logic behind the interface gave me clues as to what was going on in the books.
It’s also got some interesting AJAX-like thingamajigs in it for all the web developers out there. Only drawback is it’s IE only (yuck, I know).
Excellent read! Thank you, Chris. How do you find the time to run your own company and write articles such as this?
Thanks!
Honestly, these articles take a bit of time, but it’s worth it in the long run since researching everything forces me to learn a lot more about a subject than I origionally thought I did.
“Honestly, these articles take a bit of time…”
Glad to know you’re human. ;) And indeed, it’s a great, well-written article. I’ve been in business about a year now and it’s still going to be of immense help.
My situation would add another layer to it all; an American business being run from another country (in my case, France). Yeah, Bruno, sorry, it’s not the same thing at all; even with one foot in both doors.
Biggest frustration I have on a continuous basis is dealing with American institution Web sites (banks, MSP, state revenue, etc.) that require a strictly formatted American telephone number in their varous Web forms. What could otherwise take me a few mintues turns into week-long processes via e-mail and long distance calls. What a rediculous waste of remote abilities. When will they figure it out. Headaches, ceaseless headaches.
Very nice article, you definitely covered the basics without scaring everyone off with the details.
You may have already covered this, but I would be interested in hearing about your decision process in choosing an S Corp vs an LLC or other structure.
Thanks, Jonah.
Particletree was only created to be consulting or treehouse magazine. We could also throw in some other small projects but it’s only the 3 of us. So the S Corp was easy to form, offered protection, has the tax deductions we’re looking for, and wasn’t double taxed like a C Corp.
I have been seriously thinking about starting my own business, but I have not a clue who to contact or where to go next. I know what I want to do, and I know it is in high demand where I live, but the basics? Where do I start?
Angela, if you’re making a web design or similar business, just start. Be a sole propriator. Go out there, try to find some clients, and see if you like it. There is no need to have a corporation and an accountant/lawyer before you get really serious.
Hello i am interest in starting a make up line. i was looking in to a company to mass produce i line how is this type of company called. (
Everyone needs a hug. Yes, that’s true. What else is true is that this is a great site and I appreciate the information.
I’m not sure how you make money from doing it, but it’s a valuable article.
Thanks, Steve In Atlanta
Hello i am planning to start my own buisness in canada, i need to know what courses i need, if i need my grade 12, and tips on making a buisness plan. If anyone has information please e-mail me the info, thank you. My e-mail is
orillia_paintball@hotmail.com
Everyone needs a hug. Here’s mine. Very well-written and helpful article.
Hi my name is Darlene Cheston my sister and I are plan on starting are own buisness . We need help on coming up with a buisness plan .
Everyone needs a hug.
Everyone needs a hug. My two colleages and i plan to start a partnership business, would you help with inforation and financial sources.
Hi, I’m 16 and have been thinking of starting my own surf and skate type business in the Florida area. Are there any helpfull tips you guys could give me on how to get the big name-brand businesses such as Etnies to let me sell their products? I’m completely lost on how to even start.
I second on “if you’re making a web design or similar business, just start. Be a sole propriator. Go out there, try to find some clients, and see if you like it. There is no need to have a corporation and an accountant/lawyer before you get really serious.”. As they say “just do it”.
Everyone needs to start somewhere.
And…
…Everyone needs a hug.
Iam located in India and I want to do online business targeted to US and using the services of a US based Law Firm Spiegel & Utrera(Amerilawyer.com) to get a registered corporation along with the EIN# and TaxId.Can u guide me how to open a checking account or a business account in USA.
everyone needs a hug
Hi there, im looking to start my own buisness, but i need help on how and where to start. how do go about looking for a property and getting help with accounts and so on. I would also like to know how much it costs to start your own buisness and what the best way is to start.
I’m going to follow your advice Chris! We just need to start to know whether it’ll be our ‘bread & butter’!
You just have to do it, to get to know it!
Wow! A great overview of what you need to do to get started.
Just a couple of quick points.
Luckily, S-Corporations are not PSCs by definition.
If you’re interested in more information on the business entity types for consultants I’ve written up a page at http://www.biztaxtalk.com/node/3
Linda :)
Good information. Thank you. Let me ask a question if I may. I want to start another company under an existing company. Do I need to obtain another EIN Number and register that business as well? I want the current to be the parent company and the new one to fall under it. Like how these big corporations have multiple companies under them. Your advice is greatly appreciated
Ernesto,
I honestly have no clue. We’ve had multiple products under a company, but not multiple companies under a parent company. That is something you’d definitely want to check with a laywer about.
hey muu there, this web site of your is really, neat i was looking at, some pointers, on how to start, my own bank, iam not ready, as of yet but iam getting there, and this web site, has help me out a lot, thankz again! donnie smith
Everyone needs a hug.
I am an artist who has also dreamed of owning my own gallerry. I have friends and family who are professional artists as well, so, When I am ready to get into buissness I already have artists to showcase. However, At the moment I do not have the best credit. I know credit takes about eleven years to roll over. I am staying on top off my bills to keep it from getting worse. Will this prevent me from ever getting a loan for small buisness? And will the loan cover rent?
Everyone needs a hug. This is Christine Horner again, One thing I forgot to ask is about LLC, S corroporation, and Sole Proprietorship formats or guidelines, I don’t remember, anyways, I want my Gallery to be protected against fruadulant suits, and neglect suits, But I want to be the only share holder. LLc and S corrporation both let you be the only share holder right? But LLC doesn’t let me continue the buisness for more than 40 years in some states. I live in Maine, Does maine allow an LLC to exist forever, Whats the point in starting your own buisness if it won’t exist and carry one your name for you. Pardon me but if I do this It will be my child and I want it to go on. Any Ideas. Not sure what to plan yet.
I am planning on starting my own business, yet I am of a young age. Can a person under the age of eighteen acquire all the required paper work to begin my own business.
Hi guys, thanks for this. I have one question left: where to look if you want to start a business in the U.S. as a foreigner? I am thinking of wore permits, green card (?) and other extra paperwork to create a business in the U.S.. legally.
Helo :) Great Website
I think state testing is stupid.
Incredible post! Thank you.
gud… it works not in every business… few.
A common misconception is that you need to learn accounting to start a business. The bottom line is that if you meet with an accountant to “set things up”, you can get away with basic income and expense tracking, and then the only other time to engage your accountant is at tax time. You don’t need to understand accounting!
Basic tracking can be done with something like SimplifyThis.com, which is an intuitive, web-based application that lets you easily invoice your clients by email and get paid faster online.
This is an excellent guide for anyone who is interested in starting a business.