Oct 29, 2019 The first step to incorporating your business is making sure your business’s name is available. Fortunately, all 50 states have online databases where you can find out if your proposed name is already in use.
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Written By: Brandy Miller | November 1, 2017 | No Comments
With the business license requirements for non-resident businesses - and its subsequent increase, they have essentially priced Nevada out of the market. It is much cheaper to incorporate in Wyoming. Unless you have a compelling reason for incorporating in Nevada such as having property or employees within Nevada, the cost may very well outweigh. An S corporation (also referred to as an S corp) is a special type of corporation created through an IRS tax election. An eligible domestic corporation can avoid double taxation (once to the corporation and again to the shareholders) by electing to be treated as an S corporation.
I work with both small businesses and Corporations, and I can help you decide whether Incorporation is right for you.
The Decision to Incorporate is Complicated
The Business Structure you choose when you started your business may no longer be the best alternative. We’ll look at some reasons why you may decide to Incorporate your business. But understand from the beginning that this is a complicated decision that can have broad implications for you, your business and even your Estate Planning. The only informed way to make this crucial decision is to discuss your business in detail with our expert Business Attorneys.
Your Business Is Growing Quickly
If your business has grown significantly and you’re launching new products, incorporating helps you separate yourself from your company. Separating yourself ensures that, if there is ever a lawsuit, you protect your assets.
You Will Need New Fundraising Opportunities
Incorporation simplifies fundraising. Investors can quickly change their investment by buying and selling shares. Limited liability attracts investors.
You Have a Staff or Services Large Enough to Accommodate the Requirements of a Corporation
You’ll need to meet recordkeeping requirements of the corporation structure, and you will have new tax obligations. You’ll either need more staff or standalone services to remain compliant.
You Are in a High-Risk Industry.
Some industries, because of their very nature, are more likely to be involved in a lawsuit. If this is the case for your sector, incorporating can help you protect your private assets and can ensure your business continues, even without you. Incorporation separates your business from you and survives personal bankruptcy, owners passing away and other challenges.
You Have Talked It Over With Our Business Attorneys.
Our Business Attorneys have reviewed your future goals, and your current business situation and determined Incorporation offers you the right combination of tax benefits and legal benefits. Only then can you be sure you’re making the right decision.
You Won’t Find Better Business Attorneys in Reading, Berks County, and Pennsylvania to Help You Decide
Our attorneys can walk you through the benefits and drawbacks of incorporation for your specific business and review all of the business structures that could benefit you. Here’s why our Business Attorneys offer unsurpassed advice.
Help I Need To Incorporate My Small Business Grants
We’re expert Business Attorneys with 40 years’ experience serving both Small Businesses and Corporations in Berks County around Reading and throughout Pennsylvania. We intimately understand the pros and cons of both Business Structures.
We are Business Law specialists with expertise in all areas of business impacted by your decision to Incorporate including
- Contracts;
- Tax Planning;
- Litigation; and
- Transfer or Dissolution.
Finally, we are expert Estate Planning Attorneys which may have a significant impact on your decision to Incorporate.
Contact Us Online or Call Us at 610-670-9000 today.
Miller Law Group’s Berks County Law Offices are in West Lawn near Reading, PA.
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Division of Corporations: Doing Business in FloridaSM
How to Start a Business in Florida
Thinking about starting a business or need information on how to start a business? Here are the steps to forming a new business in Florida!
- You will need to think up a name for your new company. A good name should be unique, yet tells what kind of business you are doing.
- Make a choice on what type of company you want to form. Do you want to:
- File a DBA (fictitious name) to create a sole proprietorship or partnership?
- Incorporate as a corporation or LLC (Limited Liability Company)?
- Whatever you choose, you need to register your company with the state, county and obtain a bank account for the company. You are required to do these steps even if you have an online business or an at home business. For example, if you are doing booth sales regularly at a flea market or selling beauty products in an at home party setting you will need to take these steps.
Ready to Get Started?
Choosing a DBA Start a Business
- Register with the State: With a DBA/fictitious name you will be able to register the name with the state to conduct business with this name for the entire state. A lot of very small businesses choose this path, or those who are not sure if the company is going to fly and want to start small and work up to incorporating later.
- What to Consider: If you choose the DBA as your filing, then name you choose can be used by another company. So the name is not to you alone in Florida. The other thing to consider is that if you file a DBA, there is no limited liability. What this may mean to you is that if someone sued the company, your personal assets would be available in a lawsuit. If this is not a concern then a DBA would be fine.
- Legal Notice and Business License: Once you have the DBA filed with the state, then you will need to do a Legal Notice in a local newspaper, then obtain a business license with your county. A business license/occupational license or business tax receipt is required by most counties in Florida to have the legal ability to do have a business in that county. Check with your local tax collectors office to see what they require.
Choosing to Incorporate a Business
- Select a Name: If you choose to create a Corporation or LLC in Florida the name you choose must be unique. No other company can have the exact same name, so be creative and unique in the naming of your new business.
- How to Incorporate a Business? The first step to incorporating your business is choosing if you want to have an LLC or a corporation. Your accountant, tax preparer or bookkeeper may the best person to go to help you make this choice. An attorney is also an excellent choice for guidance. The formation of a company is an important decision so having this kind of assistance is very helpful in doing it right the first time.
- Articles of Incorporation: Once you have chosen the type, you would then file the Articles with the Florida Department of State to legally create the entity. You will need a company name, principal address (which must be a physical Florida address) and a mailing address for the company which can be a PO Box if you would like. You will also need the names and addresses of all the owners in the company as the state requires this information. An email address is also necessary to file with the state.
- EIN Filing: Your next step would be obtaining an EIN or Federal Employer Identification Number from the IRS. This is a unique tax ID for your new legal entity and needs to be used with any transactions for the company. Some people choose not to obtain an EIN for the LLC if it is a single member. This means they will have to use their Social Security number instead for all business transactions. All corporations have to obtain and use an EIN.
- Business License: The next step is the business license or occupational license with the county. A business license/occupational license or business tax receipt is required by most counties in Florida to have the legal ability to do have a business in that county. Check with your local tax collectors office to see what they require.
- Bank Account: The last step would be a bank account for the new company. You are required to have a bank for the LLC or corporation. All monies coming in and going out must go through the company bank account.
Once you have all these steps in place, either for a DBA/Fictitious name or if you want in incorporate as an LLC or a corporation then you are ready to begin your business and are legal in the state of Florida.
Florida Incorporation Service offers the following services:
- Online registration of a DBA including information on the exact wording for the Legal Notice and the link to the counties for the business license. Start here.
- Online registration of a new Florida LLC or corporation, including registration of the EIN on as well as the link to the counties for the business license. Start here.
Business Links
Assistance | Business Licenses | Company Search | Driving Records for Employers | Labor | Legal | Licensing | News | Opportunities | Permitting | Posters | Purchasing | Real Estate | Registration | Regulation | Statistics | Taxes | TransportationBusiness Search:
- Business Records Search (Sunbiz.org) — All types of business records
- Corporation Search — Fla. Dept. of State; corporations registered in Fla.
- Company Search — Non-Corporation, 'DBA', Sole Proprietorship, Fictitious Name
- Company Lookup (by FEI Number) — Federal Employer Identification Number Search
- Employment — Occupational Data Search — Labor/market analysis
- Trademark Names — Trademark Owners — Search by Name
- Uniform Commercial Code Search — Debtors, (UCC) Lien Filings
- Vendor Search — Search companies that do business with the state
Business Registration, Licensing & Permitting:
Registration- Division of Corporations — Registration of corporations & other businesses
- Corporation Forms (All Types) | Annual Reports | Corporation Annual Reports Online Filing (UBR) | Forms Download (All Types of Forms) | Electronic Filing | Filing Questions | Contacts | Fees | Telephone Numbers & Division Addresses
- DBA — Online Filing of Your Fictitious Name | Application Form | Fictitious Name Registration Instructions and Information
- Florida Incorporation — FAQs — Frequently asked questions and answers on forming a corporation in Florida. — Florida Incorporation Service
- Florida Limited Liability Company (LLC) Information — File to establish your Florida LLC online | LLC FAQs
- Florida Tax Guide — All Types of Florida Taxes: Business, Personal, Non-Profit
- Florida Department of Revenue — Business Tax Information
- » Start-up Kit for New Business Owners
Do I need to collect sales tax? Find out what is taxable
e-Tax Services Online | Tax Contacts & Telephone Numbers - New Hire Reporting | Reporting Form (pdf) — Florida Dept. of Revenue
- W-4 Form (IRS) (pdf) | I-9 Form (USCIS) (pdf) | E-Verify (Employment Eligibility Verification) — Automated system to verify the employment authorization of all newly hired employees.
- IRS — Tax Information for Businesses | EIN Tax ID Number | IRS Business Start-up Issues | Business Structure, Sub S Corporation Designation
- SCOR Securities Registration — Corporations, sale or offering of securities
- Florida Division of Corporations
Non-Profit Corporations Registration (Forms by Mail) | Download Forms | Corporations Help & Questions | State Registration of Charitable Organizations | Search Corporation Names, Locate Addresses & Corporate Officers
Licensing
- Local government business license requirements:
Occupational Licenses — Contact your city as well as county government for occupational licensing to engage in your specified profession or occupation; Occupational License Tax Information. - State Licensing — Many business categories & professions have additional state licensing or regulatory requirements:
(Click Here for Examples). - Florida Business Guide — Starting a new business? Cut the red tape and wasted time. Get the details right the first time so you can concentrate on sales. Order your copy of the Florida Business Guide from State of Florida.com today!
Permitting
- Florida Permits Guide
Building Permits
Environmental Permitting
Hazardous Waste
Health Related Businesses
OSPREY One-Stop Permit Registry
Water Related Permitting
Other Regulated Activities
Employment & Labor, Workforce & Economic Statistics:
- Employment & Jobs Guide
Information for employers, contacts, links to forms & publications
Labor Laws
Labor Market Information
Population data by county
Unemployment Compensation
Workers Compensation
Workforce Development
Florida Department of Labor & Employment Security - Florida Research & Economic Database
Education Programs, Training Providers
Employers, Employer Search
Population Data, Income, Census
Income & Wages
Industry Employment Statistics & Projections
Occupations, Employment by Industry
Area Profiles, County Level Info
Building Permits, Tax Revenues, Property Values, Inflation/Price Index - Population Rankings — Cities/Metro Areas | County Census
- Business Statistics
Number of businesses formed in Florida:
Corporations
DBA Companies & Fictitious Names
Trademarks
Non-Profits
Other Statistics - Tourism Statistics, Florida Economy Information | Travel Information — Tourism Facts, Links to Visit Florida Travel Assistance
- More Travel Statistics: Florida Public Records Guide. We also encourage you to view actual recent Transportation & Tourism News articles which often provide information from a non-marketing point of view, particularly if you are interested in a business perspective.
- Economy Data — Bureau of Labor Statistics
Florida employment, unemployment, civilian labor force data - Economic & Business Research, Bureau of
Population Studies, Economic Forecasting, Migration & Building Statistics
Transportation:
Assistance & Opportunities:
Purchasing, Sales, Contracts
- State Purchasing | More — Doing Business with the State| Purchasing Office Contacts | State Buildings & Facilities
- Search Bid Opportunities — Florida Vendor Bid System
- Administrative Weekly — See Section XI for Weekly Notices Regarding Bids, Proposals and Purchasing — Florida Administrative Weekly
- Business Opportunities (State Regulation of) — Regulation of the sale or marketing of business opportunities; also regulation of franchises & franchising opportunities
- Doing Business with FDOT — Florida Department of Transportation Purchasing
- MBE — Minority Business — Office of Supplier Diversity — One Florida Initiative
- Catalog of Federal Domestic Assistance — Database of all federal programs and funding sources
- Commerce Business Daily (CBD) — Notices of proposed federal government procurement, contract awards, sales of government property, and other opportunities
- SBIR — Small Business Innovation Research — Various federal agencies; competitive research grants
Resources & Assistance
- Economic Development Offices — Business site selection, incentives, contacts for one-on-one economic development assistance
- Chambers of Commerce — Community and visitor information (Local Offices)
- Environmental Assistance Small Business Program
- Export Advisor — Research, Restrictions, Laws, Directory
- Financing Assistance & Loans — FFCFC | SBA Financing
- International Trade — World Trade Center, Miami, FL
| Federal International Assistance - Minority Business Assistance — Office of Supplier Diversity — One Florida Initiative
- Real Estate — Commercial relocation and site selection
- Small Business Development Centers — Locate your nearest center for business assistance
- SCORE Offices — Business counseling services utilizing the expertise of retired executives
- University Research, Technology, Patents — Florida Universities
- Business Plan Outline — U.S. Dept. of Commerce/NTIA
General Information:
- Business Records - Recordkeeping & Retention Guidelines for Businesses — Florida Department of State
Intellectual Property & Legal:
Do I Need To Incorporate My Small Business
- Business Law — Legal statutes for information and resources for Florida businesses
- LLC Resource Center — Arnold, Matheny & Eagan P.A.
- Posters Required by Law — workplace posters
Florida Business News
Note: Certain news article links will have expired due to news source posting policies. This information is maintained below for an extended period as an issue archive.
- Techies harness business potential — Florida's first statewide conference on technology transfer in St. Petersburg sptimes(05/04)
- Struggling shrimpers commence promotion — Florida shrimpers urging Floridians to buy state shrimp tampatribune(05/04)
- Gas price law may be driven off — Advocates say state gas price controls keep prices high and should be repealed sun-sentinel(04/04)
- Florida nurseries find California oak killer... The deadly organism turned up in Tallahassee and the Jacksonville area sun-sentinel(04/04)
- Deal has 2 firms splitting Eckerd... The store name, a Florida presence for decades sptimes(04/04)
- Residential construction activity slows in January news-journalonline(02/04)
- Tyco includes Boca's ADT in plan for layoffs, job shifts to overseas sun-sentinel(02/04)
- Florida growers happy as Australian sugar left out of free-trade pact sun-sentinel02/04)
- S. Florida restaurants beef up their low-carb menus sun-sentinel(02/04)
- Tide of bookings lifts cruise lines sun-sentinel(01/04)
- Perks That Work tampatribune(01/04)
- Gov. Bush proposes $55.4 billion budget for 2004-05 sun-sentinel(01/04)
Doing Business in FloridaSM — Information for Florida businesses and those considering Florida as a business location. Florida Business GuideSM — The most complete guide for starting & operating a business in Florida. 'Florida Business Guide' and 'Doing Business in Florida' are trademarks of State of Florida.com. Florida Incorporation Service is a servicemark of State of Florida.com.
We bring innovation and service to your Florida business.SM
New Florida Minimum Wage effective January 1st 2018: $8.25 per hour.http://www.dol.gov/dol/topic/wages/minimumwage.htm
To receive a new Federal All-In-One© Poster, please visit the Federal Wage and Labor Law Institute. http://www.fwlli.com