How do I set up a business?

jimmyjazz

2,500+ Posts
Starting in September, my wife will be teaching nutrition and fitness at an Austin-based chain of daycare facilities. She will be paid on a contract basis. Although this will only be a part-time position this year, she will try to expand it to a full-time role by bringing in other facilities the next year and beyond. If things go well, she hopes to employ other trainers, too.

Any thoughts on how she should set this up? Should she create an LLC, an LLP, or remain a "sole proprietor" for now? Would she need to do anything to create a sole proprietorship?

We have identified someone to babysit our kids on afternoons when she works, as well as act as a substitute trainer should my wife or one of our kids get sick, etc. Can this person be an "employee" of any business entity we set up? Are there tax advantages we need to consider in that regard? What about fuel costs, wear and tear, etc. on my wife's vehicle? I could see her logging an additional 80 - 100 miles per week, which could add up to $2K or so per year at $0.585 per mile (or whatever the going rate is).

She might also need to take out liability insurance. How do we determine whether or not this is true?

Any other pitfalls we need to be aware of? Thanks in advance for any advice . . . this has rapidly transformed from an exciting opportunity into a dull, throbbing headache, and we want to avoid making the common mistakes.
 
Jimmy, as a business owner I have mine set up as an LLC. However, if I'm not mistaken, an LLC is more for partnerships. I strongly suggest you visit your tax acountant and get his imput. He will lead you on what tax advantages each business entity provides.
 
Yes, I've already sent my tax accountant a long list of questions.

She hasn't replied.

It's only been a day, but this is a common problem with her.
 
I'm getting ready to set up another business entity myself. Just some stuff I want to do on the side away from my partners. I'm considering a DBA since I don't have alot of liability. It sounds like this would not be an option for your wife since it sounds as though she might incur some liability. From your other posts it sounds as though you have a pretty good career. If thats the case, you will want to take all precautions to preserve it.
 
I'm not all that worried about personal liability, as we have a PU policy. I just think it would be poor business practice to expose it to her business activities (which it probably wouldn't even cover, anyway).

Why do you think a DBA would only work without liability risk? Because it's just "you" with no corporate veil of some sort?

Maybe she and I could set up an LLC as equal partners? Is that possible with a spouse? I can't imagine why it wouldn't be possible.

I would MUCH rather do this right the first time than risk exposure or even the hassle of backtracking later. I think this will pay off for her.
 
You can set up a single-member LLC.

A DBA, "doing business as," doesn't provide any liability protection. It allows a sole proprietor to use a business name rather than the owner's personal name. A DBA also allows a single legal entity (corporation, LLC, etc.) to operate multiple businesses without creating a new legal entity for each business
 
Thanks. Is an LLC more appropriate for a business with one (or more) managing "partners" and perhaps several employees? Isn't an LLP more tuned towards a professional group, like an accountant's office?

I think the liability issues will drive us away from DBA, sole proprietorship, etc., if I'm understanding things correctly.
 
on a related note, I am setting up a private practice (psychology) and am going through some of this stuff.
One of my mentors set up her practice as a PLLC. She is by herself currently, but may have employees in the future, so that sounds like the situation you are in. Anyone know if a PLLC is the way to go when there's only one "partner"?
 
You may want to take a look at a website called Legal Zoom. I think thats the name of it. I heard about it on TV but I have'nt checked it out yet. I think they actually walk you through setting up the entity yourself, of course for a small fee I'm sure.
 
Here's what a CPA advised me on setting up initially: basically there are two reasons to incorporate-the liability issue, and the tax advantages once you start making a certain amount of income, which he estimated at around $90k per year. Otherwise, a sole proprietorship is easier and less expensive to form, and you can do the bookkeeping and tax forms yourself with a reasonable amount of effort.
The corporate tax forms are much more complicated and I don't think there is any way a normal person should attempt to file them.
There are other advantages to incorportation, like paying your spouse or other relatives as employees, to be the bookkeeper for example, instead of taking the funds as a "draw" from a sole proprietorship which is taxed at your tax rate.
There is probably a specific insurance for your type of business, in mine it is called shop liability insurance. You should definitely have this.
Get a mileage log for each vehicle used in the business, and record your trips' mileage. At the end of the year, you deduct the personal mileage from the business mileage and take the mileage deduction, which seems generous to me, but I am in the car repair business, so others may have a different view.
It is easier to have a car strictly for business, so you don't have to make a note every time you take the car to the 7-11 for a Slurpee.
Also, find out if your sales are taxable under state sales tax, and get a permit to collect sales tax from the Comptroller's office if needed.
Go down to IRS and get an employer's ID# for purposes of depositing the withholding tax from employees.
Find out if there are any licensing requirements for your type of business-some require this, many don't.
You might need to register your business name down at the county courthouse, which is good for several years, then has to be renewed. This is to keep someone else from selecting the same name.
Be sure and get initial advice on the form of the business from a CPA, even if you decide on the sole proprietorship.
 
I wonder if this is the franchise I think it is? Or an individual effort.

Liability is a must when dealing with kids, as well as liability waivers. background checks like "kid safe" are probably also a very good idea, in reducing your potential liablity.

LLC is the way to go in Texas right now.

Keeps very good records of ALL expenses, and check into the special writeoffs that are available in the first year of business. You can get some nice dedctions on startup stuff.

mileage or course can be written off. You might also consider who your wife will pay herself. She can give herself a lower (but reasonable) salary and then give herself a tax free dividend (free of FICA/Medicare 15.2%).

You can go to SCORE-service core of retired executives to get some good free info and advice
 
Thanks, accurate.

Regarding mileage -- there's no way we're going to be able to have a "business car", at least not right now. We figured we'd map out the routes as well as keep a log.

I'm leaning towards an LLC. I don't mind the startup costs. I have a good tax attorney -- when I can find her. (No luck so far. Maybe she's on vacation.)

Good point on the Federal Tax ID #.
 
Question about naming the business: I know how to obtain a DBA through the county clerk's office. Going further, it seems an LLC is a "state" entity, as it is registered with the Texas Secretary of State. How does one own the naming rights to a business nationally and internationally?

The name my wife wants to use is "taken" by a dotcom placeholder website registered in the Cayman Islands. Other than the annoyance of not being able to secure that exact website, how would I assess the legal ramifications of using that name? If it makes it through the LLC naming process, is that enough?
 
Set up your LLC, get a DBA and trademark the DBA if possible.

You can choose a different name for the LLC than the DBA. In fact, it's probably recommended to avoid confusion.

You can do a preliminary search yourself to see if the trademark is taken:The Link

Keep in mind, another entity can trademark the same name if it's in a different line of business.
In reply to:


 
the legal zoom ads on radio sound like they will do exactly what you are asking for.
create a llc, register it, create tax id, etc.
 
Just gotta ask Jimmy, you sure about this nutrition thing?

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