What Every Business Owner Should Know
You have a great idea for a new business – perhaps a new product that could be incredibly useful, a new technology that could change the way we use AI, or you’re a newly licensed professional in your field. Whatever the idea, getting started can feel overwhelming and may have you asking:
- What type of entity should I set up? Do I need to be an LLC?
- Do I need an EIN or a bank account?
- What are compliance requirements for my business?
These are common questions new business owners face. For many people, starting a business is outside of what they’ve learned in their professional training or personal experience. Understanding where to start, what requirements need to be met, and who to turn to for guidance can make the process much easier. We’ll provide some insights on what to consider when starting a business and how to build a team of professionals who can provide guidance and support along the way.
Entity Types
One of the first decisions you’ll make when starting a business is choosing an entity structure. This decision is important because it can affect both the legal protections available to you and how your business is taxed. Some entity types depend on whether you own your business alone or with others. There are advantages and disadvantages to all of them, so it’s important to consult with an attorney and CPA before deciding which structure is right for your business.
- Sole Proprietor – A sole proprietorship is the simplest way to operate a business when you are the only owner; you and the business are considered one and the same. There is no legal separation between the business and the business owner. This is a simplistic form of ownership because there is no need to apply for a separate tax ID, bank account or file a separate income tax return. An important thing to note is that this type of structure also offers no legal protections. This means you may be personally responsible for business debts, obligations, and legal claims. The income or loss related to a sole proprietorship is reported on your individual income tax return. Additionally, net income from the activity is generally subject to self-employment tax.
- Limited Liability Company – An LLC, or Limited Liability Company, is a popular choice for business owners because it can provide liability protection while offering flexibility in how the business is taxed. The assets and liabilities of the LLC are considered separate for legal purposes and therefore add protection for the owner’s personal assets. An LLC, however, is a legal business structure, not necessarily a tax structure. For federal tax purposes, an LLC may be treated as a sole proprietorship, partnership, S Corporation, or C Corporation, depending on its ownership and any elections made with the IRS. This flexibility allows business owners to choose a tax structure that may better fit their circumstances as the business grows. The tax treatment will determine how business income is reported and whether self-employment or employment taxes apply.
- Partnership – A partnership is formed when there are two or more owners of a business. A partnership may be structured as a Limited Liability Company (LLC), a General Partnership (GP), or a Limited Liability Partnership (LLP). Each structure has different requirements for ownership, capital contributions, and liability protection. If you are active in a partnership, there will be self-employment earnings. A partnership is a type of pass-through entity. This means that all income and losses are reported first on a partnership tax return, and are then passed down to the owners via a Schedule K-1. The owners then report the income or losses on their individual income tax return and pay the tax at the individual level.
- S Corporation – A business may elect S Corporation tax treatment if it meets certain requirements, including limitations on the number and types of eligible shareholders. Similar to a Partnership or Single Member LLC, the assets and liabilities of the S Corp are separate from the individual, but the income and loss activity is still reported and recognized by the individual owners. One of the primary advantages of an S Corp is the potential to reduce the amount of business income subject to self-employment taxes through reasonable compensation paid to the shareholders as wages. However, this adds an additional requirement of having payroll and issuing owners a W-2. An important aspect of S Corp is that the distributions to the shareholders should be pro-rata based on ownership percentages.
- C Corporation – A C Corporation is a separate legal and tax-paying entity from its owners. For tax purposes, the C Corp is treated as its own taxpayer, separate from the individuals who own its stock. For a new business owner that anticipates taking the company public or selling their stock to many investors, this may be a great option. However, the biggest downside to a C Corp is that they are subject to double taxation. This means the C Corp pays taxes on its profits first. If those profits are later distributed to shareholders as dividends, the shareholders must also pay taxes on the dividend income. As a result, the same income may be taxed twice. Unlike pass-through entities, C Corps pay taxes on their profits at the corporate level using a separate federal income tax rate rather than having business income taxed directly on the owners’ individual income tax returns.
Regardless of which entity structure you choose, maintaining accurate and separate business accounting records is essential. Good recordkeeping helps you monitor your financial performance, stay organized for tax purposes, and make informed business decisions.
Business Registration
Once you’ve decided which entity structure is right for your business, the next step is to complete the necessary legal registrations with state and local authorities, as well as applicable taxing agencies. Our discussion is focused on Mobile and Baldwin County Alabama entities, however many states have similar structures.
- State Registration – All Alabama business entities, except sole proprietorships, will need to register with the Secretary of State (sos.alabama.gov). First, you must reserve the business name. After filing the business name reservation, you will fill out the Secretary of State’s Registration form.
- Local Registration – Following the completion of the state registration, you’ll start the registration process with counties and local municipalities.
- County and State Business Licenses – Depending on the nature of your business and applicable local requirements, you may need business licenses in the counties where you conduct business, not just the county where your business is located. County business licenses are issued by the County Probate Judge or by the License Commissioner. The business license will serve as your license for both the state and the county.
- In Mobile County the business license application can be found on the Mobile County License Commission’s website https://www.mobilecountylc.gov/licensing-and-permits/.
- In Baldwin County, the business license application is submitted to the Judge of Probate and can be found at https://baldwincountyal.gov/permits-and-licenses/business
- Municipal (City) Business Licenses – A business license is required for each city in which business is conducted. You will need to check with each city to determine if they require a business license for your particular business.
- County and State Business Licenses – Depending on the nature of your business and applicable local requirements, you may need business licenses in the counties where you conduct business, not just the county where your business is located. County business licenses are issued by the County Probate Judge or by the License Commissioner. The business license will serve as your license for both the state and the county.
- Tax Authority Registration
- Federal – A Federal Employer Identification Number (FEIN), issued by the IRS, is required for any business structure other than a sole proprietorship. An FEIN would be required for a sole proprietorship if they have payroll. You can apply online for a FEIN at https://www.irs.gov, (type FEIN in the search bar).
- State and Local – Depending on your business activities, you may be required to register for and remit several types of taxes at the state and local levels. Following are some of the taxes that may be required, depending on your type of business:
- Withholding Taxes, if you have payroll
- Sales, Consumer Use, or Sellers Use Taxes
- Lease/Rental Tax for tangible property
- Lodging Tax
In the City of Mobile and Mobile County, the applications for a business license, referenced above, will also include an application for applicable taxes.
For most cities and counties in Alabama, the sales, use, lease/rental, and lodging taxes can be filed and paid through the MAT website. Some localities may require you to file through another third party processor, such as Avenu.
In the state of Alabama, you will need to register on the My Alabama Taxes (MAT) website (https://myalabamataxes.alabama.gov) and click on the link for Register a New Business/Obtain a New Tax Account Number. The application will cover any applicable tax types.
- Tax Authority Registration
Building A Team of Advisors
In addition to meeting the compliance requirements of owning a business, it is equally important to build a team of advisors who can work alongside you as your business starts and grows. You’re the expert in the product or service your business provides, but there are other professionals who specialize in areas that are important to running a successful business. The following are some examples of professionals who can be part of your team of advisors.
- CPA – At Crow Shields Bailey, we understand the importance of having a CPA who knows you, your business, and your goals. CPAs provide a wide range of accounting services, from bookkeeping and payroll to preparing financial statements and ensuring tax compliance. Beyond these essential services, your CPA can serve as a trusted advisor, helping you with financial projections, forecasting, and tax planning throughout the year. A strong relationship with your CPA provides valuable insight into your business’s financial health and helps you make informed decisions as you plan for the future.
- Attorney – Attorneys are important from the start to the finish in a life cycle of a business. These professionals will guide you on Operating Agreements, writing or reviewing contracts, employment agreements and any litigation that may come your way. They are there to guide you through legal challenges as they arise but also to ensure that your business, and you personally, are protected. Having an attorney in your corner can get ahead of legal troubles and also protect the future of your business.
- Financial Advisor – A financial advisor can help you make the most of the money you’ve worked hard to earn. They can provide guidance on investing business profits, developing retirement strategies, establishing retirement plans for you and your employees, and building wealth for the future. Having a financial advisor on your team can help ensure that both you and your employees are financially prepared for the years ahead.
- Banker – Building a strong relationship with a banker can be a valuable asset to any business. As your business grows, you may need financing, additional banking services, or different types of business accounts. Having an established relationship with a banker can make navigating these needs much easier. A banker who understands your business and its goals can help you explore financial options and provide guidance as your needs change. Additionally, bankers often have valuable connections within the local business community and may be able to introduce you to other professionals who can help support your business’s growth.
- Payroll and Human Resources Professional – Payroll and human resources (HR) can become increasingly complicated as your business grows and you begin hiring employees. From managing payroll and staying current with employment regulations to handling employee benefits, onboarding, and workplace policies, these responsibilities can quickly become overwhelming. A payroll and HR professional can help ensure employees are paid accurately and on time, required tax deposits and filings are completed, and your business stays compliant with applicable employment laws and regulations. Having someone who understands these responsibilities can save you time, reduce the risk of costly mistakes, and allow you to focus on running and growing your business.
- Mentors in Your Field – Building relationships with other individuals in your industry who have successfully started and continue to operate businesses can provide a wealth of knowledge and insight. These individuals may have faced many of the same challenges you encounter and can share valuable experiences, lessons learned, and advice along the way. A mentor can serve as a trusted sounding board, offering guidance and perspective when things are going well and when challenges arise. Having someone who understands your industry and has firsthand experience can be an incredible resource as you navigate the ups and downs of owning and operating a business.
Building a team of trusted professionals who work together to support you and guide your business as it grows can be one of the most valuable investments you make as a business owner.
Starting a business is an exciting journey filled with opportunity, hard work, and important decisions. While there is a lot to consider along the way, you don’t have to navigate the process alone. Surrounding yourself with the right team of professionals and advisors can make all the difference. They can help you build a strong foundation, make informed decisions, navigate challenges, and position your business for long-term success.
At Crow Shields Bailey, we enjoy helping business owners turn their ideas into successful businesses. Whether you’re just getting started or looking for guidance as your business grows, our team is here to help you navigate each stage of your business journey.









July 29, 2019


