7 Legal Details Of Owning A Business You Should Know

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Owning your own business is a dream for many people. It offers the opportunity to be your boss, set your hours, and make your own decisions. However, it also comes with a lot of responsibility and legalities that you need to be aware of before you take the plunge and start your own business. Here are seven of the most important ones.

Business Structure

There are four main types of business structures in the United States: sole proprietorship, partnership, limited liability company (LLC), and corporation. Depending on the type of business you want to start, and the amount of liability and taxation you are willing to take on, one of these structures may be better suited for you than the others. For instance,  if you are starting a business by yourself and want to keep things simple, a sole proprietorship may be the way to go. On the other hand, if you are starting a business with one or more partners and want to protect your assets from being used to pay business debts, an LLC may be a better choice.

Taxation

As a business owner, you will be responsible for paying taxes on your business income. The tax rate you will pay will depend on the type of business you have and the tax bracket you are in. You will also need to file a tax return each year. To make things more complicated,  there are different tax laws for different types of businesses. For instance, the most common type of tax return for a sole proprietorship is the IRS 1099-SA, which is used to report income from a self-employed business. You may also need to file a tax form 5498-SA, which is used to report contributions to a health savings account (HSA) or a medical savings account (MSA), but only if you are the custodian of the account. Since this can all be very confusing, it’s important to speak with an accountant or tax attorney before starting your own business.

Licenses And Permits

Another important legal detail to be aware of is getting the necessary licenses and permits for your business. Depending on the type of business you are starting, you may need to obtain a special license or permit to operate legally. For instance, if you are starting a food-related business, you will need to get a food handler’s license. If you are starting a business that involves selling alcohol, you will need to get a liquor license. And if you are starting a business that will involve any kind of construction, you will need to get a contractor’s license. Failure to obtain the necessary licenses and permits can result in hefty fines, or even cause your business to be shut down.

Contracts

Another legal detail you need to be aware of is contract law. As a business owner, you will likely enter into contracts with suppliers, customers, employees, and other businesses. It’s important to know the basics of contract law so that you can understand your rights and obligations under the contract. For instance, each party to a contract must have the capacity to enter into the agreement, which means they must be of legal age and sound mind. The contract must also have a lawful purpose and cannot be for something illegal. In addition, the terms of the contract must be unambiguous. If any of these elements are missing from a contract, it may not be enforceable in court.

Employment 

While you may not think of employment law as a legal detail, it’s important to be aware of the basics before you start hiring employees. As an employer, you will be responsible for complying with a variety of laws, including those about minimum wage, overtime, safety, and anti-discrimination. You will also need to have a written employment agreement with each employee that outlines the terms of their employment, such as their salary, benefits, and duties. Failure to comply with employment law can result in costly penalties, so it’s important to consult with an attorney before hiring your first employee.

Intellectual Property

If you are planning to create a brand or logo for your business, it’s important to be aware of intellectual property law. This area of law protects businesses from having their ideas and creations copied by others. For instance, if you have a unique name for your business, you can trademark it to prevent others from using it. If you have created a logo or other original artwork, you can copyright it to prevent others from using it without your permission. And if you have developed a new product, you can patent it to prevent others from making, selling, or using it without your permission.

Consumer Protection

As a business owner, you will also be subject to consumer protection laws. These laws are designed to protect consumers from unfair or deceptive business practices. For instance, the Federal Trade Commission (FTC) enforces laws that prohibit businesses from making false or misleading claims about their products or services. The FTC also enforces laws that prohibit businesses from engaging in unfair or deceptive marketing practices, such as bait-and-switch schemes and pyramid schemes. In addition, the FTC regulates telemarketing and spam email. So if you plan on marketing your business through these channels, it’s important to be familiar with the FTC’s rules.

 

While there are many more legal details you need to be aware of as a business owner, these are seven of the most important. By understanding these legal details, you can help ensure that your business complies with the law and avoid costly penalties. If you have any questions about these legal details or any other aspect of running a business, it’s important to consult with an experienced business attorney or another professional who can help you navigate the legal landscape.

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