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Launching a new company and deciding to put out your own “shingle” is exciting as an entrepreneur. However, accepting that a startup comes with a fair share of challenges and potential roadblocks is prudent.

Ultimately, and to ensure your business gets off to the right start, learning the essential requirements involved in its formation is wise. From navigating legal and regulatory obligations to choosing the proper business structure, know that each decision can impact your operations, taxes, and long-term sustainability. Too many entrepreneurs overlook the importance of these initial steps, which is why the potential for failure among startups is so high. 

Therefore, in this guide, we’ll explore the critical aspects of starting a business, covering everything from selecting the best structure for your needs to knowing why having an Employer Identification Number (EIN) is necessary before you hire your first employee. 

With the right knowledge and preparation, you can avoid expensive mistakes and position your business for growth. 

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Choosing the Right Business Structure

Deciding on what business structure is most beneficial to you is one of the most important things you’ll do when launching your startup. 

Why? 

Because business structure affects everything from your legal liability to how much you pay in taxes and how you manage day-to-day operations. Choosing a structure that considers your goals, size, and plans for expansion is essential. 

Here are the most common types of business structures and their pros and cons to help guide your decision.

• Sole Proprietorship
  • Pros: Simple to set up, complete control, and easy tax filing. 
  • Cons: Personal liability for debts and obligations, limited ability to raise capital. 
  • Best for: Single-owner businesses with low risk and limited growth expectations. 
• Partnership
  • Pros: Easy to form, shared decision-making, and combined resources. 
  • Cons: Shared liability, potential conflicts between partners, and personal liability for business debts. 
  • Best for: Two or more people with complementary skills who want to collaborate. 
• Limited Liability Company (LLC)
  • Pros: Limited liability protection, flexibility in management, and pass-through taxation (profits taxed at the individual level). 
  • Cons: It is more complex to set up than a sole proprietorship; state-level fees and regulations apply. For instance, the requirements to start an LLC in Wyoming usually require the help of an attorney. 
  • Best For: Small to medium-sized businesses seeking flexibility, liability protection, and tax advantages. 
• Corporation
  • Pros: Limited liability protection, ability to issue stock, and easier to attract investors. 
  • Cons: More complex and costly to set up along with double taxation (corporate and individual dividend levels). 
  • Best For: Larger businesses, especially those seeking investment, planning for expansion, or looking to go public. 

When considering the best business structure for you, you must evaluate the level of control you want, your risk tolerance, and how you plan to grow. It’s never a bad idea to consult with an attorney, a tax professional, and/or a business consultant when making this determination. 

The Importance of Obtaining an EIN

For business owners who have expansion, investment, or growing a team on their minds, an EIN is key. 

Assigned by the IRS, an EIN is essential for tax purposes and helps separate your business’s finances from your personal finances. You’ll need an EIN to hire employees, open a business bank account, or form a partnership. 

An EIN also ties into your business structure, as LLCs and corporations must have one. 

Applying to an EIN through the IRS website is simple and free. 

Registering Your Business Name

A unique and memorable business name is one of the first steps in establishing a brand identity. Your business name is how your customers and prospects will recognize you, so ensuring it stands out and piques interest is important. 

Additionally, a one-of-a-kind name can help avoid confusion with competitors and potential legal legal issues.

Here’s how to register your business name:

• Select a Unique Name: Make sure your business name is easy to remember, distinct, and relevant to your industry or vertical. 
• Register Your Name (DBA): If your business operates under a name other than your legal business name, register it as a “Doing Business As” name with your state or county. 
• Check for Trademark Availability: Search the United States Patent and Trademark Office (USPTO) database to confirm your name isn’t already trademarked. 
• Avoid Legal Issues: Registering your name prevents others from using it and helps you protect your brand, along with all intellectual property (IP) associated with it. It also helps you avoid potential copyright infringements by clearly establishing ownership of your creative assets.

Obtaining Licenses and Permits

Another thing to act on prior to opening your business is obtaining the necessary licenses and permits to comply with federal, state, and local regulations.

These requirements vary depending on your industry, business activities, and location. 

Standard licenses include those for operating a retail business, health and safety permits for restaurants, or professional licenses for legal or medical work services. 

To apply for these permits, research the specific requirements for your business and submit applications to the appropriate government agencies or regulatory bodies. 

Failing to obtain the required licenses could result in fines, penalties, or the shuttering of your business. As such, seeking advice from a licensed legal expert could be wise. 

Understanding Your Tax Obligations

As a business owner, upping your acumen regarding taxes is part of protecting yourself for the short and long term.  You’ll be responsible for filing taxes when you start generating revenue. 

Consider these key tax obligations:

• Income Tax: Tax on business profits, which is filed annually. 
• Self-Employment Tax: Tax for individuals who work for themselves, covering Social Security and Medicare. 
• Sales Tax: Applicable for businesses selling goods or services in certain states. 
• Business Structure Impact: As discussed, your structure determines how you’ll be taxed and what deductions you can claim. 
• Recordkeeping: Accurate financial records are key to tax filing–and avoiding issues with the IRS and state tax authorities. 

Again, we cannot reinforce the importance of seeking professional tax help and advice. This will make sure you’re compliant and maximize your tax benefits. 

Setting Up Business Financials

Finally, opening a dedicated business bank account separate from your personal checking and savings account should be on your to-do list. This simplifies tax filing while also protecting personal assets. 

It’s a good idea to implement an accounting system (such as through QuickBooks) or hire an accountant to manage transactions and handle your books on a month-to-month basis. 

Additionally, budgeting and cash flow management are part of confirming long-term sustainability, helping you track income and expenses and ensure profitability. 

A Foundation for Business Success

To entrepreneurs, a business is like a baby, requiring a lot of time, attention, and supervision. Take the time to carefully plan and understand all legal, operational, and financial requirements. 

If you do, you’ll be better prepared to launch your business confidently, remain compliant, and run the successful business you’ve dreamed about.

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