Starting
an online business can seem overwhelming at first. Finding the
right domain name, getting reliable hosting, web design, and
figuring out credit card transactions are full-time concerns.
One often-overlooked component is taxes. If your website is
selling something tangible, you are required by law to report
it. Leafing through the myriad of tax rules and regulations
is frightening, and some just ignore it altogether (at the risk
of being audited). However, if you want to save yourself from
future headaches and lawsuits, it's best to get everything straightened
out as soon as possible.
Do
I need a tax ID number?
An Employee Identification Number (sometimes called Federal
Tax ID number) is a nine-digit number assigned by the IRS that
identifies your business to the government. You will need to
get one if one or more of these apply:
1.You pay wages to any employees.
2.Your business is a corporation or partnership.
3.You file pension or excise tax returns.
If you are
the only employee for your business, then you can run your business
as a Sole Proprietorship entity, and use your Social Security
Number as your EIN. However, you should look at all of the business
structures before you decide which one is right for your business.
What
are my business entity options?
A Sole Proprietorship is the most common for an upstart online
business. It is owned and maintained by one individual, and
has no existence apart from that individual. All the income
and expenses are on your personal tax return (form 1040). It
is the simplest form of business. However, you are personally
liable for your company's liabilities. If someone sues your
business or your business gets too far into debt, your personal
assets can be seized.
A Partnership
involves two or more people who share the profits, or losses,
of the business. It's just like a Sole Proprietorship, except
you need an EIN. Also, profits, losses, and liabilities are
split between the partners.
A Corporation
is a separate legal entity from the individuals who started
it. It can be taxed and is legally liable for what it does.
The benefit of a corporation is that its corporate status does
not hold the employees liable. The downside is that it is expensive
to start, and requires a lot of bookkeeping.
A combination
of a Corporation and a Partnership is the Limited Liability
Company (LLC). The advantage is that the profits and losses
are passed to the owners without taxing the business itself,
and the owners are not personally liable. However, there is
no stock, fewer incentives, and loads of paperwork.
As you can
see, there are pros and cons to each business structure. It
is highly recommended that you talk to a local accountant or
lawyer as to which structure best fits your needs.
What
other forms and taxes do I need to worry about?
Business License
There are many types of licenses, and even for an online business
you will probably need one to operate legally. If the business
is located within the city limits, then your license comes from
the city. If you are outside the city limits, the license comes
from the county.
Fictitious
Business Name
If your business uses a name other than your own, then it is
required by the Trade Name Registration Act for you to register
the fictitious name (which is also known as D/B/A, doing business
as). It verifies that you and your business are one and the
same. Depending on where you live, the form is usually filed
at the county clerk's office.
Trademarks
Domain names are a large part of your internet business, and
protecting it is essential. A trademark identifies the source
of goods or services to the consumers. You cannot register a
domain name by itself, because just the name is merely an address.
However, your online business name can be trademarked if it
provides a service to consumers, such as booking flights, research
on parenting, comparing insurance companies, etc. If you create
items that you sell on your website, those product names can
be trademarked.
To learn more about trademark rules, go to www.uspto.gov.
Sales
Tax
Each state issues a sales and use tax which applies to the use
or consumption of tangible personal property and certain services.
If you sell something tangible, tax must be collected. However,
if you sell an e-book, it might not have to be. A sales tax
number is required for each business before opening, and the
rules are different in every state, so this is something you
need to look into. I live in Missouri, and according to Missouri
state law, I am subject to sales tax if the product's shipping
and delivery points are both in Missouri. However, your state
might be different.
Self-Employment
Tax
Self-employment tax (SE tax) is for individuals who work for
themselves, and is a social security and Medicare tax. You must
pay the SE tax and file Schedule SE on Form 1040 if your net
earnings from self-employment equaled or exceeded $400. To figure
your net earnings, multiply your total earnings subject to the
SE tax by 92.35%. You will be taxed 15.3% on the net earnings.
What
can I deduct?
As far as deducting part of your home as a business expense,
that only works if that part of your home is exclusively for
business. If your computer and desk are in the living room,
that square footage cannot be deducted. To deduct a part of
your home, it must meet one of the following criteria:
1.Your principal place of business
2.You meet or deal with customers or clients in this area as
a normal part of your business.
3.An unattached, separate structure used in connection with
your business.
There are
also a few other small requirements. The only exceptions are
for day-care providers and the storage of inventory or product
samples used in your business. If you buy a computer and over
50% of its use is for the business, you can deduct the depreciation
on the portion of your computer used for business as a miscellaneous
itemized deduction. Expenses such as web hosting, domain registration,
etc, can all be deducted as business expenses.
Some rules
vary from state to state and even county to county, so be sure
to stop by your local county clerk's office or talk to other
home businesses in the area to ensure everything is compliant.
For more information on rules and taxes, go to www.irs.gov
and www.ftc.gov.
About
the Author...
Brian Roe publishes
Profitable
Net Marketing, an informative newsletter full of helpful hints,
opportunities, and time saving tools to help start and support
YOUR home business.