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Terms and Conditions

LEGAL NOTICE

The Publisher has strived to be as accurate and complete as possible

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accurate due to the rapidly changing nature of the Internet.

While all attempts have been made to verify information provided in

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Any perceived slights of specific persons, peoples, or organizations
are unintentional.

In practical advice books, like anything else in life, there are no

guarantees of income made. Readers are cautioned to reply on their
own judgment about their individual circumstances to act
accordingly.

This book is not intended for use as a source of legal, business,

accounting or financial advice. All readers are advised to seek services
of competent professionals in legal, business, accounting and finance
fields.

You are encouraged to print this book for easy reading.

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 Table Of Contents

Foreword

Chapter 1:
Legal Basics

Chapter 2:
Sole Proprietorship

Chapter 3:
LLC

Chapter 4:
Incorporating

Chapter 5:
Tax Planning

Chapter 6:
Financial Planning

Chapter 7:
Business Partners

Chapter8:
Using Online Legal Services And Documents

Chapter 9:
Why It’s Dangerous To Not Have The Legalities In
Order

Wrapping Up

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 Foreword

There are several different issues that the individual should consider
before setting up a home based business enterprise. Failing to look
into this important area can eventually lead to problems which may
become so bad that it could and usually does affect the future of the
business entity as a whole. Get all the info you need here.

Learning The Legalese

A Guide To Legal Planning For Home Business

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 Chapter 1:
Legal Basics

Synopsis

The following are some of the legal areas that one should be aware of
even if the knowledge is rather basic:

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 The Basics

Trading laws – if the business transaction is going to involve the

exchange of goods and services of sorts, where the public is the target
audience, then the individual needs to have some knowledge about
the legislation involved.

This legislation covers the description of goods, the satisfaction of

quality promised to be enjoyed, the befitting used of the product and
any other description terms that are used to sell the item advertised.
Failing to adhere to these perceived promises, will run the business
and individual into the unpleasant confrontations with the law, thus
causing an untold amount of problems and consequences.

Terms of trading – when there is a connection made based on the

business makeup with the public and other business entities, there is
a need to get the terms and conditions of the business procedures
sorted out. This is very important and directly affects the trading
arrangements. These usually cover elements such as the payment
terms, the transfer of titles due to the successful sale, the estimates
for work done, the title of goods, failure to perform up to the contract
stipulations and any other contractual inclusions.

Employment of staff - should the business expansion require the

employment of staff, here too there are some legal implications that
should be explored. This is to ensure the individual is well covered
under the law and also to ensure all labor law requirements are met.

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 Chapter 2:
Sole Proprietorship

Synopsis

This is a business style that requires the individual to be declared as a

single entity with the business linked for the main purpose of tax and
all liability purposes. The sole proprietorship is a company in which
the registration is done with the governing body of the time, in a
limited liability framework of the company or corporation frame.

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 Sole Proprietor

Commonly the owner of the said business entity does not have to
pay any income tax separate from the company but does have to
have proper records of income and losses shown.

This should be reflected in the income tax returns filed. Here the
owner of the business entity is inseparable from the sole
proprietorship and thus is liable for any business debts the said
business may incur through the course of the business lifespan.

Most new home based business entities chose this form of legal
registration for its minimal requirements and legal obligations.

The main point to understand is that the owner of the business is

liable in all ways to any debts incurred thus it helps to ensure the
careful consideration on the part of the owner whenever he or she
conducts any business.

The sole proprietor may use a trade name or business name which
has no bearing at all on the owner’s name. However there are some
places that require the legal name of the owner to be clearly stated
for the records.

Although the advantages do sometimes outweigh the

disadvantages there is still a need to be sure that this is the most
suitable option for the intended business endeavor.

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The ability to raise capital is also not limited to any platform and
can be done publicly or privately through investors. This ideally
limits the risks of the office bearers if any and also the investors.

However for some this is not a good option as they really have very
little say in how the money is going to be utilized for the business.

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 Chapter 3:
LLC

Synopsis

LLC is commonly used as an abbreviation for the term used for the
limited liability company or a shorter version which is just limited
company. Here the various elements of partnership and corporate
structure are well blended to form the business transactions and
liability issues.

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 LLC

This is a rather popular form for the business registration as it

ideally creates, as its name depicts limited liability issues. The
flexibility of this enterprise blends the best of both the partnership
and corporate elements to form a desirable legal platform.

The organizational structure does not need to be designed around

the projected profits thus making it an ideal form of business
structure.

This in fact contributes to the taxation procedures that are quite

adoptable and beneficial to certain parties. The business entity is
based on the unincorporated association and not just the
corporation platform which would constitute the primary element
of the limited liability and characteristic of the partnership in
which the income taxation does not apply.

The charging order mechanism creates the protection for the

membership interest and the partnership interests at a significant
level. This system limits the creditors to a particular debt member
or partner without conferring any voting or managing rights on the
creditor.

There is also the presence of the flexibility and default rules which
are quite in favor of the members within the LLC.

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Set in place to create the flexibility on how to govern the respective
LLCs it proves time and again to be a viable option for many. It is
also conducive, as it can be implemented whichever way deemed
fit as long as it stays within the legal boundaries set.

Other advantages would include having the options to choose the

taxation platform best suited and exploited for the purpose of
keeping the outgoing payment to the minimal.

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 Chapter 4:
Incorporating

Synopsis

This particular business acknowledgement is done in the form of

creating a new corporation which is a legal entity is recognizable as an
individual under the law. This recognition will deem the entity fit to
be looked upon as a business, a nonprofit organization, sports entity,
or a governing body overseeing a particular are. This are may be listed
as a city, town or a collective designated area.

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 Incorporation

One of the more dominant benefits of this style of business

registration in the limiting of the liabilities of those listed within the
company.

This would ultimately mean that personal assets of those involved in

the business entity will not used to pay of creditor claims and
lawsuits.

The guaranteed protection on the personal assets is part of the

stipulations within this particular business option. The only
commitment the individual involved are like to lose should the
business not be a successful as anticipated is the initial invested
amount.

This arrangement applies even if one party of the members in

involved in a lawsuit of sort, thus ensuring the legally the creditors
cannot infringe upon the business entity as a whole to collect on the
afore mentioned party’s debt.

In terms of transferable ownership stipulations it is rather friendly in

nature and in some areas documentation is not even needed or
insisted upon.

This would mean that there would be no legal requirement to file or

record such changes in the original ownership. This form of business
registration can usually continue indefinitely even when there are
deaths within the original group members.

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It should also be noted in the naming of the business entity under the
incorporate style there should be three distinctive element clearly
displayed.

This would include the first being the distinctive, the second being the
descriptive and the third being the definition of the type of legal
platform chosen.

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 Chapter 5:
Tax Planning

Synopsis

More often than not people tend to dread the tax filing process, thus
leaving it to the very last possible minute to get it done. However with
a little planning this tax planning process can yield surprisingly good
results. Taking time to prepare for this tax filing exercise right
through the year helps to make the task easier and more systematic.

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 Taxes

The following are some areas that should be considered when trying
to implement effective tax planning exercises:

Generally every individual is expected to keep good records and books

on the outgoing and incoming funds through a suitable accounting
system.

This is not hard to do if the exercise is done in a disciplined and

systematic way. Keeping complete and accurate records will help to
maximize the various applications for deductions made.

These deductions can be for travel, entertainment, expenses and any

others spending that would be utilized during the course of the
business venture over a specific period of time.

Backing all these notifications with the supporting receipts and other
documentations is also equally important. Claims made without
relevant supporting documentation will not be entertained.

There is also the need to understand the home office deduction rules
and how it applied to the individual claims and business accounts.

Knowing what to write off legally will ensure the best possible tax
reliefs are given. Tax claims can also be made on transport mileage
but this also has to be supported with the relevant receipts.

Records have to be kept on each trip’s mileage, the date, the purpose
of the trip and its destination.

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If all these step are taken and some semblance of records are kept
then there should be less need to pay high fees to get professional
help when it comes to filing tax returns.

With the bulk of the work already done throughout the year,
everything else that is left to do would be quite easy in comparison
and certainly cheaper.

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 Chapter 6:
Financial Planning

Synopsis

The financial planning that should be considered before even

embarking on the home business is something that most people are
wise enough to look into. However the extent of the knowledge
applied leaves much to be desired and often the home business owner
is faced with unpleasant surprises due to the inadequate knowledge
and planning of the financial aspect of the business.

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 Finances

The following are some of the areas that should be given utmost
attention:

Ensuring that there is a separate account for the business itself is

something that should not be compromised upon. Setting up such an
account will ensure all business transactions are clearly recorded and
visible at a moment’s notice.

This is a comparatively better option that having the additional

workload of separating unrelated matters when a common account is
used.

Consulting an accountant is also another advantage the home

business owner should consider. Sometimes it is better and easier to
engage the expertise of those who know what they are doing rather
than create a stressful situation that would eventually affect other
aspect of the business.

These accountants especially the ones who specialize in taxation laws

and accounts, would be able to advise the individual on any additional
tax breaks that may not already have been used.

Insurance is also another issue to consider when working through the

financial planning stage. Getting coverage for equipment and possible

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employees will have to be considered. Insuring the inventory may also
be considered as this would cause considerable loses should any
unfortunate incident occur.

Being aware of any state laws that would have a bearing on the
financials of any home business is also important to explore. This is to
ensure there are no legal ramifications somewhere down the line of
the business venture. All the relevant licenses should also be acquired
and factored into the financial planning exercise.

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 Chapter 7:
Business Partners

Synopsis

Although most businesses start out as individual commitments

sometimes this commitment may prove to be so overwhelming that
there is a need to bring in outside help in the form of business
partners. If this is the option chosen by the individual there should be
some points explored and understood before embarking on a suitable
partnership drive.

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 Partners

With the addition of a partnership there is the opportunity to pool

the capital and management resources to grow the business
further or to help run the already successfully expanding scenario.

There are two very basic types of partnerships and that would the
limited partnership and the general partnership. The general
partnership is relatively easy to establish as it only requires the
names to be included and an agreement to be drawn up stating the
various rights and responsibilities of each party within the
business partnership platform.

The advantages of the general partnership would include the

simplicity of the organization basics, the additional personal
resources either financial or managerial in its capacity, the low
start up cost, limited outside regulations and no possibility of
double taxation.

As for the limited partnership the points vary a little whereby the
investor liability is limited to the amount agreed upon as the
investment capital share of the partner.

In most cases the limited partnership function is only that of

providing additional funds for the business without having any say
in the daily running of the said business entity.

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The advantages of this type of partnership would include the
retaining of complete control by the original general partner and
the limited investment would equal limited liability incurred if
any.

It’s also an easy way to secure additional capital without the hassle
of extensive documentation and there are no direct taxation
conforming requirements.

Therefore with these options to choose from the individual has to

decide which one is best for the business expansion and for the
individual personal preference.

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 Chapter 8:
Using Online Legal Services And Documents

Synopsis

As with any endeavor there is bound to be some sort of

documentation requirement involved, therefore it is important to
have some knowledge of what kinds of documents are needed for the
home business set up in order to ensure it is legal. Besides
documentation there is also the legal considerations that should be
looked into as this too will have some bearing of the future of the
business.

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 The Net

Some of the documentations may include agreements, if there is more

than one individual involved in the new home business, contractor
forms, corporation forms, credit forms, employments forms if there is
any intention of eventually acquiring a team of staff to work on the
business, entertainment form for the purpose of keeping track of such
expenses for tax filings, power of attorney should any future problem
arise such as a death and many others.

For the individual starting out on the home business there are also
other forms to consider such as buy and sell agreements, copyrights,
contract of deed, patents, promissory notes and trademarks are just
some of the more common ones used.

When it come to addressing the legal side of the home businesses

needs there are also other guides that should be used such as
attaining legal preparation services, considering lawyer
recommendations, attaining information on specific state and
governing laws that may have some impact to the business and for
some businesses that are guideline books available for perusal to
ensure no unpleasant surprises come up midway through the
business which would jeopardize the entire business’s future.

There are also other documents available for use within the actual
business functioning part, which the home business owner may want

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to consider in order to help provide some form of virtual assistance
especially if the business style consists of only one individual.

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 Chapter 9:
Why It’s Dangerous To Not Have The Legalities In Order

Synopsis

The following are some of the points to consider in the quest to

ensure all legalities are adhered to:

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 Important Points

Deciding on the form the business is to take on is perhaps one of the

more important issues to tackle as this will set the frame work for the
business style and processes. The easiest and most commonly used
would be that of the sole proprietorship for its more obvious benefits.

There is also the registration of the business name to consider. This

requirement should be followed if the name to be used for the
business differs from that of the owner’s. This legality is important to
assure the public that the business entity is identifiable and
legitimate. A general search is usually done by the relevant parties to
ensure the name chosen for the business is not already in use.

Acquiring the proper and befitting license for the particular business
style is also another factor to consider as anything unlicensed is
usually considered illegal under any law. However it should be noted
here that the licensing procedures may vary depending on the state
and the governing body at the time.

The responsibility of filling income tax lies on the owner of the

business and this should be done is a systematic and honest way.
Avoiding any scrutiny by the relevant legal parties would be a good
idea; as such complications can only bring further problems which
might adversely affect the business.

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 Wrapping Up

Being aware of the various legal implications when considering a

home based business endeavor is very important to ensuring there
are no complications and problems during the course of the business
history. Avoiding such negative circumstances through the proper
legalized daily functioning aspects of the business should be a priority
set in place at the very beginning.

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