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Starting a Home-Based Business Legally
How to Ensure that the Business within your Home is Also within the Law
Unless you intend to manage your business from Cell Block #13, it's best to be aware of and to abide by the numerous laws that business owners are subject to. To gain such insight, you might need to schedule an initial consultation with a lawyer or an accountant. You can also attend various classes or seminars, consult with other business owners, and/or inquire at your local Small Business Administration to gather the information that you need.
To avoid any potential legal problems, we would suggest that you find answers to the following questions prior to opening your home-based business.
Are there certain building and/or safety codes that my home-based business must meet?
Are there special certificates, licenses, and/or permits that my business requires?
Are there specific zoning laws (e.g., restricted operational hours, parking limitations) governing my business?
If I currently receive financial benefits from the government, what legal issues arise if I open my own business?
Is my business subject to certain health inspections?
What copyright, patent, and/or trademark laws should I be aware of?
What Disabilities Act-type laws must my home-based business abide by?
What environmental laws apply to my business?
What laws specifically apply to my business structure (i.e. sole proprietorship, partnership, or corporation)?
What legal issues arise if contracts are part of my business?
What Occupational Safety and Health Administration (i.e. OSHA) laws apply to my business?
What specific laws should I know about if I have employees?
What types of insurance am I required to have?
As this is just a general list, we would encourage you to give some thought to the legal issues that might pertain to your specific business. Will you be handling food (e.g., catering service)? Will you be taking care of children (e.g., daycare center)? Will you have physical contact with your clients (e.g., massage therapist)? Will you be storing chemicals on your property (e.g., pest control service)? Questions such as these will help you identify the lesser-known, unique laws that a business like yours must abide by.
From registering your business name and obtaining a tax identification number to withholding the proper amount of taxes from your employees' paychecks, there are legal issues pertaining to almost every aspect of being a home-based business owner. While it's not necessary to be a lawyer, it is important to ask a lot of questions. It's simply better to ask now, than to have to "take/plead the Fifth" later. Open your business on the legal side of the corporate tracks and the only attention that you'll be warranting will be the kind that leads to justifiable success.
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Good luck finding the perfect home business opportunity!
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PS - We'd like to hear from you!
Got a suggestion for a story, article, or hot trend? Do you have questions about buying a home business, or about this website? Let us know.
john@homebased411.com
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