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Start a Business in Georgia

Date: 06/22/2022 | Category: | Author: developers

Start a Business in Georgia

The Federal state of Georgia, bordered by Tennessee, North Carolina, and South Carolina is home to 17 and 26 Fortune 500 and Fortune 1000 companies. The real gross domestic product (GDP) of the Peach State is more than $533.57 billion and this rapidly growing economy is attractive to entrepreneurs to start a business in Georgia. Some of the major contributors to the state GDP include industries like Agriculture, Energy, Automotive, and Tourism among others. The state is also considered one of the best when it comes to business climate and has been consistently ranked No. 1 for new businesses by the Site Selection magazine.

Entrepreneur’s guide to forming a business in Georgia

If you are a first time entrepreneur planning to start a business in Georgia then you will be able to leverage the top business environment the state offers. The state boasts of a highly competitive economy and offers a wide variety of business incentives for those planning to start a business in Georgia, expand their existing business in the state or move their business here. A Georgia registered agent like IncParadise can assist you with the entire process of establishing your startup in the state.

This guide has been specifically created for small business owners, entrepreneurs, or individuals planning to register a business in Georgia. The objective of the guide is to help you understand the state requirements to start a small business in Georgia and the various processes involved. This guide will also provide information on various aspects of a new business like preparing a business plan, choosing the right location for your company, obtaining EIN, applying for a business license, and even attending entrepreneurial training programs.

Why do companies prefer to register a business in Georgia?

Georgia is home to 1.1 million small businesses with almost 18 companies listed in the Fortune 500. Some of the top companies based in this state include Home Depot, United Parcel Service, AGCO, PulteGroup, Delta Air Lines, Asbury Automotive Group, The Coca-Cola Company, and Southern Company among others. As an entrepreneur, you can start a business in Georgia as the state offers several advantages. Some of the top advantages are:

  • Pro-Business Environment – The greatest benefit to starting a small business in Georgia is that the state has a pro-business environment. The real gross domestic product (GDP) of Georgia has grown by 2.6% since the great recession of 2008. One of the salient highlights of the pro-business environment is that the state has the best workforce development program in the nation. This development program is one of the primary reasons entrepreneurs prefer to register a business in Georgia. The state has also been ranked at the top for its logistics infrastructure and is home to a robust tech startup ecosystem.
  • Low Tax and Savings – One of the reasons to register a business in Georgia is low taxes. The state income tax can vary from as low as 1% to a maximum of 5.75%, as compared to Colorado with a flat tax rate of 4.55% and North Carolina at 5.25%, or the District of Columbia where the tax rate varies from 4% to 8.95%. The state also offers several tax credit programs that you can leverage after you register a business in Georgia online. Some of the top programs include PPE manufacturing tax credit, Georgia’s Job Tax Credit or Investment Tax Credit program, Port Tax Credit Bonus, and R&D Tax Credit among others.

As an entrepreneur, if you start a business in Georgia then there are several other advantages or benefits like access to grant programs and other funding programs including early stage innovation fund programs or small business loans by the Community Development Financial Institutions (CDFI).

Steps to start a business in Georgia

Georgia is considered one of the best places for startups and small business owners and the state has its own laws and requirements for business formation. If you have an idea then you need to register a business in Georgia so that your idea can transform into a working model. There are several aspects that you will need to focus on before and after you incorporate in Georgia as they will impact your business like choosing the right location. Let’s take a look at some of the key areas that will help your business to grow and be a success in the state.

1. Prepare Georgia Business Plan

If you are planning to start a business in Georgia then you need to be armed with a good business plan. More often than not, the importance of a business plan also known as a strategic plan is undermined as a result, not every business is able to achieve its long-term goals and objectives. You are probably wondering if you really need a business plan and the answer is a yes, because this is a strategic plan that takes into account different aspects of the business itself. It is like a road map that will prevent you from making mistakes and protect your business from financial loss or even competition.

A well planned and thought out business plan will provide you with marketing and financial projections at least 2-5 years ahead. It will also provide an outline of the path that your business will need to take in order to grow, expand, and generate revenue after you start a small business in Georgia. A detailed strategic plan can also help you to get funding from investors. Business plans can vary according to the type of business but all plans have common elements or components. A good business plan should include the following:

  • Executive summary
  • Company description
  • Market analysis
  • Competitive analysis
  • Products and services
  • Customer demographics and segmentation
  • Branding and marketing
  • Logistics and operations
  • Cash flow projection

2. Attend Entrepreneurial Training or Development Programs in Georgia

One of the important resources that will help you to start a business in Georgia is entrepreneurial training or development programs for small businesses. The primary objective of these programs is to provide expertise and enhance the skill sets of first time entrepreneurs through training in a variety of business related areas. These training programs will not only prepare you to start a small business in Georgia but also help you make the business profitable and sustainable while focusing on possible customer revenue streams. The entrepreneurial training or development programs in Georgia focus on key areas like:

  • Accounting and finance
  • Planning a new business
  • Determining appropriate funding requirements
  • Debt restructuring analysis
  • Marketing your business effectively
  • Brand Positioning
  • Procurement for business
  • Managing a business

Once you register a business in Georgia online; you can also participate in various entrepreneurial events and webinars on various business areas including achieving entrepreneurial success.

3. Choose Business Structure for Georgia Business

An extremely important aspect of any new business is its structure. There are different types of businesses although the structures you can form will vary from one state to another. You have to identify the structure in order to register a business in Georgia as some structures like a sole proprietorship don’t require registration with the Georgia Secretary of State.

When choosing a structure, you need to focus on key areas like the advantages of the chosen structure over other forms of business. If you are looking for a form of business that offers tax benefits then choosing an LLC or an S Corporation is better. You can choose to form incorporated or unincorporated business entities in Georgia like:

A top Georgia registered agent like IncParadise can help you to form a new business in the state depending on the structure chosen by you.

4. Naming Your Georgia Business

A business is known by its name and some of the greatest brands in the world are proof of that. The name of a company is often known as the brand and it can be driven by the business idea or concept, a product, and services. If you are planning to register a business in Georgia then you will need to identify a name for your new company. The naming process can be quite challenging depending on the state laws and requirements. The naming guidelines and process according to the Georgia Secretary of State are as follows:

  • The name of a new business will vary according to the business structure chosen by you, for example if you were to incorporate in Georgia then the name will be governed by GA Code § 14-2-401 (2020). Similarly, if you were to register a business in Georgia as an LLC then the naming requirements would be governed by GA Code § 14-11-207 (2020).
  • The business laws of the state of Georgia also govern the uniqueness of the business name. If you form a corporation then the name should contain words like the word “corporation” or “incorporated” and abbreviation of any of these words like “Inc.” or “Corp.”. Similarly, if you were to form a limited liability company then the name should contain words like “Limited Liability Company” or “limited company” or even abbreviations like “L.L.C.”, “LLC”, or “L.C.”.
  • A business name will help you start a business in Georgia and ensure it stands apart from other similar businesses. Hence, it should be distinguishable from any other name existing in the database of the department of state, and division of corporations.
  • You have to ensure the business name does not exceed 80 characters including spaces or punctuation.
  • If you are planning to start a small business in Georgia then the business name should be distinguishable from any other name existing in the database of the Georgia Secretary of State. If you have chosen a name following state guidelines then you will need to conduct a name availability search. This process will not only ensure your name is different from any other name in the database but also if the specific name is available for name reservation.
  • In most states, the state laws allow you to reserve a business name for a specific period. If you are planning to start a business in Georgia then you can reserve your chosen name for 30 days by submitting the Name Reservation Request form.

5. Choose Your Location for Georgia Business

One of the key elements that contribute to the success or failure of a new business is its location. You can choose your location depending on the type of business you want. For example, an IT company can be started in a busy business district of Atlanta while a motel can be located at a tourist destination like the Chattahoochee National Forest. There are several top destinations based on the revenue generated per business each year and these include:

  • City of Alpharetta
  • Doraville in DeKalb County
  • Vinings in Cobb County
  • Garden City in Chatham County
  • Downtown Dalton
  • Cumming in Forsyth County
  • City of Norcross
  • City of Waycross

There are several factors that play an important role in identifying the right location to start a small business in Georgia. Some of the important factors to consider are:

  • Transportation and Logistics – One of the important factors to consider when choosing a location to register a business in Georgia is the access to transportation infrastructure. If your business revolves around retail, wholesale, and manufacturing then the transportation and logistics infrastructure will be crucial for business success.
  • Business Climate – Although Georgia is a business friendly state, different cities and counties will have different degrees of a business environment. If you are an entrepreneur and want to register a business in Georgia online then you will need to look at a destination that is entrepreneur friendly like Wayne County.
  • Talent Pool – Whether you are looking for tech talent or a head chef; location can be quite important. It will be easier to find skilled professionals in Atlanta as compared to Blairsville in Union County.
  • Zoning ordinances – Often the highly undermined aspect, considering zoning ordinances in different cities is fundamental especially if you plan to start a business in Georgia. These ordinances are there to lay down specific rules and requirements like a home-based business can operate in specific residential areas and will not be able to use signage or are prohibited from nuisances like smoke emission, fumes, or noise.

6. Register Your Georgia Business

If you want to start a business in Georgia and this is your first time then the entire process of new business formation can be overwhelming. You will require documentation based on the type of company you want to form. The governing laws, requirements, process, forms, and fees will vary according to the company type and has to be filed with the Georgia Secretary of State. Let’s look at an example to understand this.

Example: If you were to incorporate in Georgia (C Corporation) then you will be required to file Articles of Incorporation pursuant to GA Code § 14-2-202 (2020). The Articles should include all information as described in O.C.G.A. § 14-2-202 for a profit corporation. The articles have to be filed with the office of the Secretary of State, Corporations Division along with a filing fee of $100. Similarly, if you were to register a business in Georgia as an LLC then you will be required to file Articles of Organization pursuant to GA Code § 14-11-204 (2020) with the office of the Georgia Secretary of State. The filing fee for the LLC remains the same as a corporation.

The most important part of the filing process is the preparation of the Articles of Organization or Incorporation, which may seem quite a complex process. This is where a reputable Georgia registered agent service like IncParadise can assist you. Whether you want to form an LLC or a corporation, we can help you to register your startup with the state.

Do you want to start a new business in Georgia?

7. Get Your EIN

Once you register a business in Georgia, there are several Federal and state requirements that the business or the owners will be required to fulfill. One such requirement is that of business taxes and in order to file a tax return, you will need to obtain an Employer Identification Number (EIN). It is important to note that all forms of businesses don’t require this unique number issued by the Internal Revenue Service (IRS). AN EIN is also known as a Federal Tax Identification Number (FEIN) and is required especially if a business has employees or operates as a partnership or a corporation.

8. Open a Business Bank Account for Georgia Business

Whether you are promoting a specific service or selling niche products, once you register a business in Georgia, you will need to apply for a business bank account. A business bank account is considered an essential tool for managing operating profits or cash flow. Depending on your specific requirements, there are different types of accounts that you can choose from when you start a small business in Georgia. They are:

  • Business savings account
  • Business checking account
  • Merchant account
  • Business money market account
  • Business certificate of deposit (CD) account

The biggest advantage of maintaining a business checking account is that it will help in keeping your business expenses and gains separate from your personal expenses or earnings. Even the IRS recommends that small business owners should maintain separate bank accounts for tax simplification. When you have a business bank account, it also increases your company’s professionalism and credibility.

9. Obtain License and Permits for Georgia Business

Once you register a business in Georgia there are several business related requirements that you will need to fulfill. One of the foremost requirements is making your company operational and that is possible by obtaining the right Georgia business licenses or permits. The licensing requirements and laws are different for different states and a new company or startup may require more than one license to operate. If you incorporate in Georgia then licenses and permits applicable in this state can be categorized as under:

  • Business Tax Certificates – If you start a business in Georgia then there is a high probability that you may require this license. A business tax certificate is a type of business license that can be considered as a local business license. The issuing authority for this license would be the county or city where your business is based. The local licensing authority will vary from one county or city to another. Let’s look at an example to understand this.

    Example: If you start a small business in Georgia with the physical address in the city of Augusta then the License and Inspection Department of the city will be responsible for the issuance of the business tax certificate. To apply for this certificate, you will need to file the applicable occupation tax along with a regulatory fee.

  • Regulated Occupation and Industry – There are certain segments of the industry or specific profession in Georgia, that fall under the regulated occupation and industry category and hence their licensing regulations and requirements are different from that of a business tax certificate. If you start a small business in Georgia in such an industry then you will need to obtain a business license from the governing board.

    Example: If you start a small business in Georgia in the Transportation & Security industry and offer private detectives and security services then you will have to apply with the Georgia State Board of Private Detectives and Security Agencies. Since it is a security agency, you will also have to apply for an Online Weapon Permit.

It is important to note that business licenses are not issued by the state of Georgia but have to be obtained at the county or city level. The different regulations and requirements pertaining to Georgia business licensing can be quite complex and this is where IncParadise can help you. We offer a “Business License Research Report” service, which is a detailed report containing a list of filing instructions, supporting document requirements, and fees for all business licenses and permits in this state.

10. Register for Taxes

Once you register a business in Georgia, as an owner you may have to file certain forms of business taxes. The type of taxes that your company may have to file will vary according to the legal structure like taxes of an LLC will be different from that of a corporation or a sole proprietorship. In order to file taxes, you will need to obtain an EIN and also know your NAICS code. The NAICS is the North American Industry Classification System based on the economic activity of a company like the NAICS code for legal services is 5411.

If you incorporate in Georgia or are planning to conduct your business within the state of Georgia then you will be required to register for different tax specific identification numbers, licenses, and permits. You can register online via the Georgia Tax Center (GTC). You will receive your tax account number through email within the same day or 15 minutes of submission.

11. Annual and Ongoing Requirements

Once you register a business in Georgia, you will be required to fulfill state annual requirements to ensure your business enjoys active status. Apart from the renewal of business licenses and filing of tax returns, you will need to file an annual report. This is a special report that is normally filed with the Georgia Secretary of State. The information required in the annual report, the due date, and the filing fee can vary from one state to another.

In the state of Georgia, the annual report is known as the Annual Registration Form (AR form) and has to be filed annually by April 1 of each year. You can also file it as early as January 1 of each year. The filing fee for the Annual Registration Form is $50 and it can be filed through mail or online.

Example: If you incorporate in Georgia on 04th May 2021 then the annual report for your business corporation will have to be filed between January 1 and April 1, 2022 pursuant to GA Code § 14-2-1622 (2020).

Some Important Quick Resources for Georgia Business

Once you have a business plan and idea in place, the next step is to register a business in Georgia. However, there are several aspects of a business that you will need to understand in order to register a business in Georgia online. Hence, you will need information from various government sources and agencies. We have compiled a list of agencies where you will be able to find the information needed.

Georgia Secretary of State

The office of the Georgia Secretary of State (SOS) is responsible for handling all types of new or existing business requirements through the Georgia Corporations Division. Whether you want to register a business in Georgia or require information on starting a new business in the state; the office of the Georgia SOS can assist you with the same. You can access a variety of business related information through their First Stop Business Information Center.

Georgia Department of Revenue

The Georgia Department of Revenue (GDOR) is the principal government agency when it comes to tax collection. The primary objective of the department is to administer tax laws and enforce various regulations concerning tobacco products and alcohol in the state. When you start a small business in Georgia, you will have to file taxes and this is the department that will initiate the filing process. You can find more information about various business taxes along with tax forms and due dates.

  • Georgia Department of Revenue
    1800 Century Blvd NE,
    Atlanta, GA 30345
    Phone: 877-423-6711
    Website – https://dor.georgia.gov

Georgia Department of Labor

The Georgia Department of Labor (DOL) is an administrative agency that specializes in providing a variety of services to the existing and emerging workforce of the state. Once you register a business in Georgia online, you may need to keep employees and the department of labor can help you understand the labor laws in the state. The department website has a dedicated employer portal that offers Georgia Business Employability Skills Training (GeorgiaBEST) program, an annual tax and wage report, and recruitment related services among others.

  • Georgia Department of Labor
    1630 Phoenix Blvd #200,
    Atlanta, GA 30349
    Phone: 404-232-7300
    Website – https://dol.georgia.gov/

Georgia State University Small Business Development Center

If you are planning to start a business in Georgia then there are plenty of important resources that can provide valuable information pertaining to your business and the Georgia State University Small Business Development Center (SBDC) is one such avenue. They can provide entrepreneurs and business owners with the right training, tools, and resources so that they can succeed in their business ventures. This includes arranging capital for small businesses raised through loans and equity financing.

  • Georgia State University Small Business Development Center
    33 Gilmer Street SE
    Atlanta, GA 30302
    Phone: 404-413-2000
    Fax: 706-542-7935
    Website – https://sbdc.robinson.gsu.edu/

SBA Georgia District Office

The SBA Georgia district office provides several business related resources and information. Their resources constitute a detailed business guide that includes everything from writing business plans to paying taxes, getting business insurance, funding programs including investment capital, licenses, and permits after you start a small business in Georgia, online learning programs to empower small business owners, and ways to stay legally compliant.

Georgia Chamber

The Georgia Chamber also known as the Georgia Chamber of Commerce works closely with other local chambers in the state to resolve issues impacting the business community. If you incorporate in Georgia, you will find extremely valuable resources here including information pertaining to business development & networking like sponsorship opportunities and human resource services.

  • Georgia Chamber
    270 Peachtree St NW, Suite 2200
    Atlanta, Georgia 30303
    Phone: 404-223-2264
    Website – https://www.gachamber.com/

SCORE Atlanta

SCORE Atlanta founded in 1964 has been responsible for educating more than 10 million aspiring entrepreneurs and small business owners. You will find valuable resources and information here when you start a business in Georgia. They offer different types of learning programs and mentor programs including Startup Roadmap programs sponsored by FedEx, Small Business Emergency Preparation and Recovery Resources, Small Business Resilience Resource Library, Disaster Loan Assistance, Business Strategies, and online business programs provided through the SCORE Business Learning Center (SBLC).

Ready to start business in Georgia?

Georgia is a highly popular state and is favored by small business owners and entrepreneurs due to its pro-business environment. You can start a business in Georgia and achieve high growth but the registration process may be quite cumbersome. This is where a reputed Georgia registered agent like IncParadise can provide valuable assistance. We have the experience, expertise, and understanding of state laws, and can help you with the new business formation.

IncParadise has already helped thousands of businesses to form an LLC or a business corporation in the state. We also provide a wide variety of additional services like EIN assistance, and foreign qualification among others.

IncParadise can help you to start a small business in Georgia!

Foreign qualification in New York

Date: 03/25/2022 | Category: | Author: developers

Foreign qualification in New York

So, you have an existing business in any state in the USA and want to expand your business to New York to pursue growth opportunities. If this describes your situation, then in order to do so, you will have to apply for foreign qualification in New York. The process ensures you can operate your business in NY without registering or incorporating a new business. This guide will provide you with information on various aspects of New York foreign business registration including how the process of foreign qualification works for LLCs and corporations.

New York Foreign Qualification

The state of New York is home to approximately 2.3 million small businesses including domestic and foreign entities. These businesses in a variety of industries are integral to the economic growth of the state. One of the reasons for New York LLC foreign registration is that the state offers a good startup environment driven by funding opportunities including VCs, grants, business incentives, training programs for entrepreneurs and skill development, and Foreign Trade Zones (FTZ) among others. A New York foreign business registration will help you to qualify for different types of state and federal incentive programs as well as small business assistance programs.

What is New York’s foreign qualification?

Foreign qualification in New York is a process by which you will be able to register your business in any state aside from your home state. The process allows you to legally pursue business opportunities or expansion across state borders without the need to undergo the incorporation of a new business.

The process of New York foreign business registration may be different from the process in other states. The regulations are governed by Article 13 of the 2020 New York Laws for business corporations and Article 8 for foreign limited liability companies. Let’s look at an example to understand this:

Example: If you have formed a domestic LLC in Florida then this will be the home state for your business. Now, if you plan to expand your operations to New York then you will be required to undergo New York LLC foreign registration. This doesn’t mean that you have to register your business again but simply apply for a certificate that authorizes you to conduct business in the state.

Along with foreign qualification in New York, you will also be required to obtain the necessary business licenses or permits quite similar to domestic entities. You will also be required to hire and maintain a registered agent like IncParadise to ensure all annual compliances as required by the state are fulfilled.

Doing business in New York

If you are thinking of doing business in New York and have already formed a company in another state then, your business will be considered as a foreign entity in NY. The operation of such a company will be governed by the New York Laws for foreign corporations or LLC. The term “doing business in New York” refers to the practice of conducting different business activities in any state other than your home state or the state of initial business formation. In such a scenario, the said business will be required to apply for a New York LLC foreign registration or foreign incorporation.

According to the New York Business Law, your company will be considered to be doing business in New York if the following are applicable:

  • If your company owns a store in New York
  • If your business owns or is planning to own a warehouse in New York
  • If you are maintaining offices or agencies for carrying out business activities like selling a product or services
  • If your company has employed officers, employees, and agents in the state

New York Foreign Qualification Process

If you have already formed a business in any state other than New York then in order to transact in the state, you will be required to apply for New York foreign corporation registration or LLC registration depending on the legal structure of the business. The process for New York foreign business registration varies from one state to another and may also be different for different forms of business. It is important to note that failure to register with the state as a foreign entity will result in your company being unable to bring a lawsuit in any New York court.

New York foreign Corporation registration

If you already own a corporation in another state and want to incorporate in New York then you will need to apply for a foreign qualification in New York. The foreign corporation registrations are governed by 2020 New York Laws, BSC – Business Corporation, Article 13 – Foreign Corporations. You have to obtain the right authorization to conduct business in the state as a foreign corporation and there is a process for the same.

What is a New York foreign Corporation?

A New York foreign corporation is an out-of-state business that has been authorized to conduct business just like a domestic corporation can conduct legally. In order to transact in the state, you will be required to apply for New York foreign corporation registration while being compliant with the state laws. One of the most important aspects of foreign qualification in New York is the business name. As a foreign entity, you will be able to transact or conduct business in the state under an assumed name also known as a fictitious name or DBA (Doing Business As). Once you have identified such a name, you will need to conduct a New York foreign entity search on the business entity database of the Department of State in the Division of Corporations.

You will also need to conduct a trademark’s search using Trademark Electronic Search System (TESS). If the chosen name is available then you will be required to file the Certificate of Assumed Name pursuant to NY Gen Bus L § 130 (2020). The filing fee for an assumed name certificate is $25 although, in some counties like the Bronx or Richmond, there is an additional fee of $100.

How to register a foreign corporation in New York?

Once you have identified a name and filed the Certificate of Assumed Name, the next step is New York foreign corporation registration. The following steps will help you identify the requirements for New York foreign corporation registration.

  • Foreign Corporation Qualification – According to 2020 New York Laws, BSC – Business Corporation, Article 13 – Foreign Corporations, 1301: Authorization of Foreign Corporations, a foreign entity will not be allowed to conduct business in this state until they have been authorized or until they undergo foreign qualification. In order to get the authorization, you will need to complete and file the Application for Authority to transact business in the state pursuant to NY Bus Corp L § 1304 (2020). The statutory filing fee for New York foreign business registration is $225. The Application for Authority along with a Certificate of Existence has to be filed with the New York Department of State, Division of Corporations.
  • Certificate of Existence – A certificate of existence is an important step in New York foreign corporation registration. It is also known as a certificate of good standing and is normally issued by the home state of the foreign entity. The home state is the jurisdiction where the foreign entity was initially incorporated. The certificate is generally issued by the office of the Secretary of State or even the Tax Department in the home state.

New York foreign LLC registration

If you already have a Limited Liability Company conducting business in another state and want to expand its operations in New York then you will need to apply for a foreign qualification in New York. The New York foreign business registration for LLC is governed by 2020 New York Laws, LLC – Limited Liability Company Law, Article 8 – Foreign Limited Liability Companies. You will be required to obtain the right authorization to transact business in this state as a foreign LLC and there is a process for the same.

What is New York foreign LLC?

A foreign LLC in New York is a business entity that is operating in any other state except New York. It is an out-of-state business and hence requires proper authorization to transact business in this state. Once New York LLC foreign registration is done, such a business entity will be able to conduct business legally just like a domestic LLC. New York foreign business registration is possible only if you are compliant with all foreign business laws of the state.

One of the most important aspects of New York LLC foreign registration is the business name. Since your existing business is considered a foreign entity in New York; you will be required to apply for a reservation of an assumed name. Such a name is also known as a fictitious name or DBA (Doing Business As).

Once you have identified such a name, you will need to conduct a New York foreign entity search on the business entity database of the Department of State, Division of Corporations. You will also need to conduct a trademarks search using Trademark Electronic Search System (TESS). If your chosen name is available the next step will be to file a Certificate of Assumed Name pursuant to NY Gen Bus L § 130 (2020). The filing fee for a DBA name certificate is $25 although, in some counties like the Bronx or Richmond, there is an additional fee of $100.

How to register a foreign LLC in New York?

Once you have filed the Certificate of Assumed Name, the next step is New York LLC foreign registration. The following steps will help you identify the New York state requirements for foreign business registration.

  • Foreign Qualification for LLC – 2020 New York Laws, LLC – Limited Liability Company Law, Article 8 – Foreign Limited Liability Companies. A foreign LLC will not be allowed to conduct their business in NY until they undergo foreign qualification in New York. In order to get such authorization to conduct business in the state, you will be required to file the Application for Authority in the state pursuant to NY LLC L § 802 (2020). The statutory filing fee for a New York foreign business registration is $250. The Application for Authority along with a Certificate of Existence has to be filed with the New York Department of State, Division of Corporations.
  • Certificate of Existence or Good Standing – A certificate of existence is also known as a certificate of good standing and is mandatory for New York LLC foreign registration. It will be issued by the home state or the state where the foreign LLC was initially formed. Normally, the certificate is issued by the office of the Secretary of State or the Tax Department of the home state.

    For example: If your LLC was initially formed in the state of Texas then you will need to apply for the certificate of existence from Texas. It is known as the certificate of account status and is issued by the Texas Comptroller of Public Accounts. You will be required to submit the certificate of account status along with the New York LLC foreign registration application to form a business in the state.

  • Publication – The last step towards New York foreign business registration is fulfilling the mandatory publication requirement pursuant to NY LLC L § 802 (2020). According to this state law, a foreign LLC must publish a copy of the application for authority in two different newspapers. The copies have to be published within a period of 120 days since the filing of New York LLC foreign registration. It is important to note that the newspapers for publishing have to be designated by the office of the county clerk in the county the entity is located. You will be required to submit affidavits of publication of the newspapers to the New York Department of State, Division of Corporations.

Need Any Assistance in Applying for New York Foreign Qualification?

If you already own a business in any other state except New York and want to conduct business in New York then you will be required to apply for a foreign qualification in New York. As one of the leading New York registered agents, IncParadise can assist you with the process of New York foreign business registration.

We can also help you acquire a Certificate of Good Standing or Certificate of Existence from your home state. We also provide foreign qualification services in all 50 states along with additional services in New York that will help your business to remain compliant with all state requirements.

Are you ready to apply for the New York foreign Qualification?

How to start a small business in NYC with less investment?

Date: | Category: | Author: developers

How to start a small business in NYC with less investment?

New York is considered as one of the top locations for young entrepreneurs to start a small business because the state has a favorable business environment. One of the main reasons is that the state is a major financial hub and a center for global businesses in diverse industries. This article has been created to provide you with an insight into why New York is an ideal place to start a small business, how to start a business in NYC with no money, and the steps involved towards forming your business in the state.

Starting a Small Business in NYC

New York is home to 2.3 million small businesses and this includes every form of business right from home-based businesses to e-commerce, mom-and-pop corner stores, IT startups, and financial firms. Small businesses account for a greater slice of the market with its existence in almost every industry sector in the state. You can start a small business in NYC in some of the top industries like trade, financial activities, manufacturing, professional services, leisure activities, and information technology among others.

Since New York is the financial center of the nation, there are several business opportunities. If you have been wondering how to start a business in NYC with no money then you will be surprised to know that some of the top startups and home-based businesses started without any capital expenses. One of the factors that help businesses to start without any capital is the availability and access to grants, seed funds, and venture capital.

Is New York an ideal place to start a small business?

If you are planning to start a small business in NYC then it will be a favorable decision for your company. This is more so as the state promises opportunities, a good startup environment, innovation hubs, and logistics infrastructure among others. The gross domestic product (GDP) of New York is $1.7 trillion, which makes it the third-largest economy in the nation and right behind Texas and California. If you want to set up a company in the state and are wondering how to start a business in NYC with no money then it is important to identify the advantages and benefits it offers. These include:

  • Talent pool – The success of every small business in New York can be attributed to its employees. When you start a small business in NYC, one of the major benefits is that you will have access to a skilled talent pool. You will be able to hire professionals with strong skill sets, experienced and committed individuals, and even be able to recruit cream talent right out of college.
  • Diverse industries – New York is home to diverse industries that provide the platform and opportunities for small business ideas in New York to grow into a highly profitable business. The top industry is the financial services sector, which is synonymous with the New York Stock Exchange (NYSE). This sector has generated $429 billion and is followed closely by healthcare services. Some of the other sectors where you can start a small business in NYC include professional and business services with a contribution of $195 billion to the GDP of New York, retail trade ($64.5 billion), and manufacturing.
  • Financial Assistance – If you are wondering how to start a business in NYC with no money then the state offers several opportunities, tools, and programs targeted at providing financial assistance. Different types of businesses have different startup costs and the state provides several options to choose from. You can opt for government grant programs like the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR). The state also attracts venture capitalists with fintech startups raising $39.2 billion.

Low cost & profitable small business ideas in NYC

New York is one of the favored destinations for entrepreneurs as well as venture capitalists. The state is undergoing an era of heightened venture capital activity and startups with small business ideas in New York have become an integral part of the startup ecosystem. If you plan to start a small business in NYC then one of the important aspects to consider is the industry as some sectors attract more investors, incubators, and accelerators as compared to other sectors. Let’s take a look at some of the trending small business ideas in NYC.

  • Webpreneur – One of the ideas that belong in starting a business in NYC in checklist form is ‘Webpreneurship’ also known as Digital Entrepreneurship. This is considered a low cost startup idea as you will be conducting most of your business online. You can become a webpreneur and work from your home or even from co-working spaces. As a webpreneur, some of the areas to focus on include web design & development, internet marketing, content creation, programming, and software development among others.
  • Homemade meal delivery – Homemade meal delivery is considered a profitable business in New York as these services focus on a customer oriented menu that can be delivered right to the doorstep. Today, there are over 260 Food Tech startups in the state that focus on providing healthy food with choices ranging from vegan to plant-based seafood substitutes.
  • Handmade Products – One of the areas that should be in your starting a business in NYC checklist is handmade crafts. Entrepreneurs and home-based businesses are actually converting their hobbies into a profitable business in New York. If you want to explore your artistic side then some of the handmade crafts that you can indulge in include jewelry designing, making ceramics, scented candle making, soap making, handbag designer, woodworking, furniture upcycling, floral artists, mural artist, custom calligraphy services, and t-shirt designing among others.
  • Internet based businesses – One of the sectors that has been making waves in New York and globally is the computer or IT related businesses. This is one idea that should be on your starting a business in NYC checklist as there are several areas that you can focus on depending on your resources and budget. If you have been thinking about how to start a business in NYC with no money then food blogging, travel blogging, and vlogging are areas that you can explore. Some of the other areas and services that are trending include computer tutor, desktop publishing, computer repair, IT consulting, app development, and even launching an e-commerce store.

Steps to Start a Small Business in NYC

If you are wondering how to start a small business in NYC then it is important to first identify the business idea and the market you want to launch in. There are several processes that will be involved towards turning your idea into a profitable business in New York. These processes vary from the creating a business plan to securing funding and registration of the business. Let us look at the key areas that you will need to focus on in order to achieve success.

1. Prepare a small business plan

A well written business plan can turn your idea or innovation into a profitable business in New York. Essentially, a business plan is a strategic tool that an entrepreneur or small business owner can use to identify the various requirements of the startup right from the conception phase to the operational stage. A good strategic plan will help you in identifying targeted markets, competition, startup costs, and long-term objectives. If you plan to start a small business in NYC then some of the key areas of the plan are:

  • An executive summary of your small business
  • An objective statement defining business goals
  • The legal structure of your business
  • Startup Expenses
  • Research of the market to launch in
  • Existing and expected competition
  • Identification of targeted customer
  • Products and services you are planning to offer
  • Marketing and sales strategy
  • Financial projections

It is important to ensure that your business plan is concise and contains all relevant information pertaining to making the startup operational and for securing funding.

2. Register your business

One of the important aspects of starting a business in NYC in checklist form is registration of your business. The new business formation process, documentation, and filing fee vary according to the legal structure of the entity as chosen by you. It is also important to note that the process and documentation for registering a domestic entity is different from that of a foreign entity. Let’s look at an example to make it simpler.

Example: If your small business ideas in New York revolve around forming a single owner startup then you can opt to form a sole proprietorship or a single member LLC. A sole proprietorship business is not required to register with the state but if you form a Limited liability Company (LLC) then you will be required to file the Articles of Organization with the Department of State pursuant to Section 203 of the New York State Limited Liability Company Law. The filing fee for an LLC will be $200.

Similarly, if you want to start a small business in NYC as a C Corporation then the documentation and fee would be different. At IncParadise, we can help you to register your company in the state, so that you don’t have to worry about the complex processes and documentation.

Start a small business in NYC Today!

3. Secure funding for business

If you want to know how to start a business in NYC with no money then the first step towards it is to identify ways to secure funding. It is no secret that even a startup from home will require capital for making the business operational. You have to first determine how much funding your business will require. A business plan will help you to create the budget for the same. So how do you arrange for startup finances? One of the best options is to identify the various small business grants and related funding opportunities in NY.

A business grant is a type of funding where business owners or entrepreneurs are not required to return or pay back the grant amount. Grants are normally administered by the state government agencies, foundations, trusts, and even corporations. You can qualify for a grant program after you register or start a small business in NYC. Some of the popular grant programs in New York are Pandemic Small Business Recovery Grant Program, Tourism Return-to-Work Grant Program, Meet in New York Grant Program, and Global NY State Trade Expansion Program (STEP) among others.

4. Check for business license, permits and zoning requirements

If you are planning to start a small business in NYC then there are several state requirements that the entity has to fulfill to maintain a good standing. One of the key requirements is getting a business license or permit. The license or sales permit will help a new business to conduct its operations in the state. IT is required by both domestic and foreign entities. The type of license required will often be dependent on the industry or business activity. If you want to start a company with your small business ideas in New York then you can choose from three different types of licenses, which are:

  • Industry based licenses like a manufacturing industry or tourism sector
  • Occupational licenses for professional skills like a certified public accountant
  • Local licenses, which are issued by the city or county your business is based in like in Manhattan or Brooklyn.

You may also need a seller’s permit, which is also known as the certificate of authority. Apart from the permit, you need to ensure your business is in compliance with all zoning laws and has the necessary building and zoning permits to start a small business in NYC.

Do you want to know more about business licensing in New York?

5. Open your small business

Once you have registered your business and obtained necessary licenses and permits, the next step is to start conducting business. One of the important things to remember is that in order to start a small business in NYC, you need to have your marketing strategy in place. The more customers you reach with minimal marketing expenses, the higher the probability of making a profitable business in New York will be.

Depending on the type of business, you can even create a website and market on social media to create higher awareness. You need to also apply for and obtain an EIN (Employer Identification Number) as this helps in opening a business bank account and also for filing tax returns. Once you start conducting business, you will need to ensure, you maintain annual compliances like renewal of business licenses or permits and filing of annual reports.

Need Any Help in Forming Your NYC Small Business?

In order to start a small business in NYC, you will need to determine the right business structure. A business structure plays an integral role when it comes to taxes, availability of secure funding, venture capital, the documentation required for new business registration process, and annual maintenance.

We at IncParadise can assist you with not only new business formation or incorporation but also help you maintain annual compliances like filing of annual reports. We are one of the leading business incorporations and registered agent service providers in NY and offer a wide range of additional services that cater to the different needs of a small business.

Are you ready to start a new business in New York?

New York small business grants

Date: | Category: | Author: developers

New York small business grants

If you are thinking of starting a new business then one of the most pivotal requirements is to get your startup off the ground. There are several elements that come into the launch of a new business and the most important of them is getting the right funding. There are different types of funding options although the New York small business grants are most sought after by small businesses. This article will provide you with an insight into NY business incentive programs and New York grants for a small business that you can leverage.

Doing Business in New York

Home to the two largest stock exchanges globally, New York is a dream market for small businesses. The state has an unparalleled economy boasting a gross state product of US$1.9 trillion in 2021. NY State is considered the 10th largest economy in the world and offers everything an entrepreneur needs right from top accelerators to crowd-sourcing innovation platforms and New York state small business incentives for startups. There are several industries in which doing business in NY State can be highly rewarding including banking, finance, and communication.

Why is New York State a good place to do business?

New York is considered one of the best places to form a startup especially because of the funding options available including New York small business grants. Of course, there are numerous other benefits of transacting in a state that enjoys a robust infrastructure and vibrant economy. If your long-term goals are business growth and expansion then this is the state to conduct your business in as you can reach out to local as well as global customers with ease. There are several factors that contribute to the fact that doing business in NY State is beneficial to any form of business. Some of the factors and top advantages are:

  • A Strong Innovation Ecosystem – New York boasts of a robust and resilient tech ecosystem that has taken the state rankings to #2 and right on the heels of Silicon Valley. The technology sector is valued at $147 billion and according to the 2020 Global Startup Ecosystem Report (GSER); NY has the second best startup ecosystem in the world. The state also attracts both funding and acquisition thus ensuring doing business in NY State is lucrative and growth oriented.
  • Deep Talent Pool – New York is home to 2.3 million small businesses and 4.1 million small business employees. Whatever your business may be, you will always require employees to handle specific areas of your company. This is one of the reasons entrepreneurs prefer New York as it is home to one of the largest talent pools. A survey reveals that 44 percent of New Yorkers have a college education and the state also attracts talent from surrounding states and cities including Boston (Massachusetts) and Washington D.C. In fact, there are New York state small business incentives targeted at employment like the Employment incentive credit (EIC), which provides tax credits to new businesses. Some of the top universities in New York adding to the existing talent pool include Columbia University, New York University (NYU), and Cornell University among others.
  • Robust Infrastructure – One of the factors integral towards doing business in NYS is infrastructure. This includes commercial space, transportation, and logistics. The state has been making strategic investments towards modernizing their rail and maritime assets along with the creation of new distribution facilities with the objective of providing a resilient and sustainable logistics network. The state also has an established Foreign Trade zones program (FTZ) that provides special status like duty elimination to foreign imports. The FTZ is a part of the New York state small business incentives programs and caters to a wide variety of industries like construction, pharmaceuticals, fashion, food production, green tech, and luxury goods.
  • Tax Benefits and Incentives – Taxes can be financially draining for new and small businesses. If you plan on doing business in NY State then one of the advantages you or your business can enjoy is the tax incentives or benefits. There is a wide variety of New York state small business incentives programs including different types of tax credit programs. The tax credits are available according to industry, regarding employment, job creation and workforce training incentives, commercial tax credit programs, and opportunity zone programs among others.

Small Business Incentive Programs and Grants in New York

If you are planning to form a startup in New York then one of the advantages you will enjoy is access to a wide range of New York small business grants and incentive programs. The importance of these grants and incentives can be established in the very fact that whatever the type or size of business, there is an initial cost of formation and operation. Sometimes this cost can be higher than what you had worked out in your business financial plan and the inability to meet such costs can negatively impact business operations. This is where New York grants for a small business and incentive programs can help in offsetting short-term as well as long-term operational costs.

Tax Based Incentives

There are different types of New York small business grants and incentive programs administered by state agencies as well as the Federal government. The incentives can be categorized according to the industry, business activity, financial relief programs, and tax credits. One of the most popular business incentives apart from New York grants for a small business is the tax based incentive programs. You can qualify for these incentive programs after you form or register your company in New York. Let’s look at some of the top tax-based incentive programs in the state.

  • Commercial Tax Credit Program – The New York State Commercial Tax Credit Program has been specifically designed for increasing commercial film production in the state. It is a form of New York state small business incentives program that allocates credits of up to $7 million each year. As an applicant or new business, you can receive a credit of almost 30% on production expenses that qualify under this program. This program is also known as the Empire State commercial production credit program and you will be issued an allocation certificate by the New York State Governor’s Office of Motion Picture & Television Development.
  • Life Sciences Tax Credit Program – The Life Sciences Research and Development Tax Credit Program as it is known is different from a New York small business grants program. This program has been specifically designed for supporting companies that are locating, commercializing, inventing, and producing in the life sciences department in the state. Through this program, you can get credits of up to $10 million each year. The credit provided is 15% for any company that employs 10 or more people and 20% for any company employing less than 10 people. The program is being administered by the Empire State Development and you will have to file the New York grant application for tax credits also known as Form CT-648 or Form IT-648.

Are you planning to start a New Business in New York?

Investment Funds

If you have recently launched your business in New York and are looking for finance options then New York small business grants like investment funds can be quite helpful. An investment fund is basically a supply of capital that belongs to multiple investors and is used for collectively purchasing securities where-in each investor retains control and ownership of his/her shares. New York investment funds provide much broader selections in terms of investment opportunities and new businesses can leverage this. Some of the most common investment funds include exchange-traded funds, mutual funds, hedge funds, and money market funds.

Innovate New York Funds

If you plan on doing business in NY State then the Innovate NY Fund can be quite beneficial. It is a type of seed stage business equity fund that has been designed to provide investment capital to business owners and managers across the state. This type of New York small business grants are used primarily for investment in seed-stage businesses that support innovation, employment or job creation, and high-growth entrepreneurship in this state. This program is supported by a grant of up to $35.6 million from the US Department of Treasury and up to $10.3 million from Goldman Sachs.

Minority and Women-Owned Business Investment Funds

The Minority and Women-Owned Business Investment Funds (MWBE Fund) is one of the best forms of New York grants for a small business. The primary objective of this grant is to provide financial assistance to minority and women-owned business enterprises (MWBE) in the state of New York. The fund also supports programs and projects that assist the overall entrepreneurial development amongst minority people and women in the state. The MWBE is a New York small business grant that provides funding through:

  • Incubator assistance
  • Direct financial assistance
  • Lending through joint efforts with the local, community as well as regional entities
  • Lending for eligible government contractors and certified government contractors
  • Technical assistance

New York Ventures Direct Fund

Seed funding for small businesses is one of the most difficult to find and this is where the New York Ventures Direct Fund can be quite helpful. It is targeted at small business owners with funds available worth $100 million. You can file a New York grant application for this fund if your business is specializing in the emerging technology field. The seed investments for each startup can vary from $500,000 to $1.5 million.

Innovation Technology Commercialization Funds

The Innovation Technology Commercialization Investment Fund is also known as the “Innovation TC Fund” and it is focused on helping small businesses have access to investment capital. This type of New York small business grants is targeted at pre-seed stage companies across the state. Some of the participating investment entities include Accelerate NY Seed Fund, Z80 Labs Innovation TC Fund, and Z80 Labs Innovation TC Fund among others. The funding amount of New York grants for a small business through the Innovation TC Fund can vary according to the investment partners like the CenterState Growth Innovation TC Fund awards up to $150 million in capital grants.

Venture Capital – New York Ventures

If you are a first time entrepreneur searching for New York small business grants then venture capital through New York Ventures is a good option. New York Ventures invests in entrepreneurs and small business owners from diverse backgrounds whose objectives focus on using innovative technology to solve a variety of large-scale problems. The sectors primarily targeted are Health Tech and Life Sciences, Climate Technology, Advanced Manufacturing, Ag-tech Systems, Data, AI, SaaS, and other technologies. The state provides $100 million to a direct investment fund, which is used to provide financial support to seed and series A rounds. You don’t need a New York grant application to qualify for venture capital; instead, send them your investment presentation for a review.

Ready to Start a Business in New York?

Every business requires financial assistance in the form of startup capital when it comes to establishing business operations, New York state small business incentives and grants play a key role. In order to qualify or apply for these grants and incentives, you have to register your business in the state and this is where IncParadise can assist you.

IncParadise is an expert incorporation service provider in New York and we can help you to start your business in New York quickly and efficiently. We can also help you with all state required annual filings and compliances through our business related additional services.

Register your company in New York today!

New York business tax – Complete Guide

Date: | Category: | Author: developers

New York business tax – Complete Guide

When you start a new business in New York, there are several aspects to consider, especially maintaining compliance with all state requirements. One of the important requirements is that of New York business tax, which can vary according to the type of business and type of tax. Hence, we have created this guide to provide information pertaining to the different taxes that are levied in the state and the way different businesses are taxed like New York LLC taxes are different from that of a corporation.

New York Business Tax

Once you register or incorporate a new business in New York, you will be required to file New York business tax returns annually. When we talk of business taxation, it essentially refers to taxes that any existing or new business has to pay as a part of their business operations in the said state. As a business owner or a company, the type of taxes can vary and a single organization might need to file multiple taxes. As an example, a newly incorporated company may have to file New York corporation taxes as well as sales and use tax. It is also important to note that you need to apply for and obtain an Employer Identification Number (EIN) from the IRS as this will assist you in filing tax returns

What taxes do businesses pay in New York?

Whether you form a sole proprietorship, an LLC ,or a business corporation, each type of entity will have different tax statuses. If you are planning to start a small business then managing your New York business tax is one of the several expenses that your company might need to undertake. The amount of tax applicable for your business will depend on the type of tax and can often require the use of a New York business tax Calculator. There are three categories of taxes essentially and they are federal, state, and local taxes and the amount of tax you pay will be considered as your tax liability. Let’s try and understand the different taxes applicable to businesses in the state of New York.

Franchise tax

Different states have different types of taxes and one of the common forms of taxes is the franchise tax. There is franchise tax in New York apart from some other states including Georgia, Texas, Illinois, and Mississippi among others. In the state of New York, the franchise tax is also known as the corporation franchise tax and it is applicable to both the traditional C Corporations and S corporations. This type of New York corporation tax is applicable to both domestic and foreign business entities. Corporate taxpayers in the state of New York have to pay taxes equal to the highest amount as calculated considering three types of tax bases in addition to the Metropolitan transportation business tax (MTA surcharge). These are:

  • Business income
  • Capital base
  • Fixed dollar amount

The New York State business income takes into consideration the following for tax purposes:

  • Income from any non-New York bonds
  • Royalty payments made to related parties
  • Depreciation adjustments

The franchise tax in New York is due on or before April 15 annually and the return has to be filed within 3 ½ months after the end of the reporting period or fiscal year. The New York corporation taxes have to be filed using form CT-3 (General Business Corporation Franchise Tax Return). The returns have to be filed with the NY Department of Taxation and Finance and you can even file it electronically while using state approved e-file tax software.

NY State income tax

One of the important taxes that may apply to your business is the income tax. This is a type of New York business tax that is payable on the income derived by you or your business in the state. This also includes a form of tax that is known simply as the filing fee or an estimated income tax and is applicable to LLCs, limited liability partnerships (LLPs), and some regular partnerships.

It is important to note that in certain businesses like single member LLCs or sole proprietorships where the earned income is passed through to you then income will be subject to taxation and you will be required to file a personal New York tax return.

This type of New York business tax is also applicable for self-employed workers and independent contractors. You have to use a New York business tax Calculator to know the amount of tax based on a rate that can vary from 4.00-8.82%.

NY State sales tax

One of the most important forms of business tax apart from the franchise tax in New York is the sales tax. It is also often known as the sales and use tax. The NYS sales tax is applicable to companies that are involved in the retail sales of certain tangible personal property as well as services. The use tax on the other hand is applicable if you or your business is buying specific tangible personal property or services outside the New York state but are planning to use it within the state.

You will need to use a New York business tax Calculator to derive the tax amount as the combined sales and use tax rate is currently 4%. There can also be an additional local tax rate that is imposed by certain cities, a county, or even a school district. There is also an additional sales tax rate of 0.375% applicable to taxable sales that have been made within the Metropolitan Commuter Transportation District (MCTD). The combined rates for this type of New York business tax can vary according to the county or city that your business is based in or operating from.

How New York Businesses are Taxed?

If you are thinking of starting a new business in New York then you need to consider the taxes applicable in the state. There are different types of taxes including franchise tax in New York and these taxes vary from one form of business to another. Some businesses may need to file only NYS income tax while others may need to file multiple taxes like New York LLC taxes may not be applicable for sole proprietorships or corporations. Let’s look at the different types of entities and their taxations.

Taxes for LLC

A New York LLC is considered similar to S corporations when it comes to taxes. A Limited Liability Company enjoys pass through taxation, which means that the income earned is passed through to the owners or members and they are required to file a personal income tax return on it. This is one of the types of New York LLC taxes and the rate can vary from 4.00-8.82%. You will be required to file a New York resident tax return or Form IT-201 and if you are a non-resident then you will be required to file Form IT-203.

New York LLCs are not required to file any federal New York business tax or state income tax. Instead, they have to pay filing fees that are in accordance with their gross income and can vary from a minimum of $25 to a maximum of $4,500 in New York LLC taxes.

Example: If the gross income of your New York LLC is less than $100,000 then the NY LLC filing fees would be $25. If the gross income is over $250,000 but under $500,000 then the fee is $175 and for incomes more than $25,000,000, the fee would be $4,500.

It is important to note that if your LLC is involved in retail sales of certain tangible personal property and services then you will be required to file sales tax. This type of New York business tax comprises a city sales tax rate of 4.5% and NY state sales and use tax of 4%.

Taxes for C Corporation

A C corporation is a traditional corporation and it will be subjected to a franchise tax in New York. This type of tax is also known as a privilege tax, which you essentially pay to conduct business in this state. In order to calculate and pay franchise taxes, you will need the help of a New York business tax Calculator and fill out Form CT-3 or New York corporate tax return.

There is a process to calculate New York corporation taxes and you have to calculate three different amounts, which are:

  • The tax on business income – This is known as the federal taxable income (FTI) and will be the starting point for calculating your New York corporation taxes using business income. The rate for most businesses is 6.5% although a lower rate of 4.875% may be applicable if your entity is considered a qualified emerging technology company (QETCs).
  • The tax on capital – This type of tax is based on the total business capital base, which is considered as the fair market value (FMV) of all your assets as well as investments owned by the business in New York State. The New York corporation taxes rate for most businesses is 0.025%.
  • The fixed dollar minimum tax – This tax is also used for the calculation of franchise tax in New York. The tax is calculated based on New York State receipts or money earned while conducting business in this state.

    Example: If the total New York receipts for your company are less than $100,000 then the fixed dollar minimum tax will be $25. Similarly, if the total New York receipts are more than $25,000,000 but less than $50,000,000 then the fixed dollar minimum tax will be $5,000.

Apart from the franchise tax in New York, your C Corporation may also be subjected to sales tax or sales and use tax.

Taxes for S Corporation

If you plan to form an S Corporation in New York then for tax purposes, it enjoys pass through taxation. This simply means that the income earned by the company will be passed through to the owners or directors and they will be required to file a personal income tax return on it. The rate of New York business tax on personal income will vary from 4% to 10.9%.

In New York, S Corporations are also required to file franchise tax just like C corporations. The method taken into consideration to file franchise tax in New York by S Corp is the gross receipt method. As a result, your company will be taxed at a lower rate as compared to traditional C corporations. It is important to note that if your corporation owes in excess of $1,000 in franchise tax post credits then you will be required to file estimated tax. This type of New York corporation taxes are filed using forms CT-400 for Estimated Tax for Corporations and payments have to be made quarterly.

Taxes for Sole Proprietorship

A sole proprietorship is also known as a sole trader business and comprises a single owner. It is an unincorporated business where New York business tax is paid as personal income tax on the profits earned by the company. The personal income tax rate varies from 4% to 10.9% in the state. If you are a New York resident then you will need to file the returns using Form IT-201 and non-resident or part-year resident owners will have to file taxes using Form IT-203.

Taxes for Partnerships

There are different types of partnerships that you can form in New York including a limited liability partnership (LLP) and general partnership. As a rule, a partnership doesn’t pay any income tax or New York business tax directly on its income. Instead, the income is passed through to the partners and has to be filed in the income tax return or franchise tax return of each partner. You will be required to file Form IT-204 for Partnership Return. A Partnership company may also be required to file an annual filing fee and pay estimated income tax on behalf of specific partners.

Ready to Incorporate your New York Company?

Whether you are planning to form a limited liability company (LLC), or a C Corporation in New York, the new business formation process can be quite extensive, and time consuming. This is where IncParadise can provide meaningful assistance as we are an expert incorporation service provider in New York and help to register your LLC or corporation in New York.

Once you have formed a new business there are several annual state requirements and compliances you will need to fulfill. Hence, IncParadise offers several additional services like S Corporation filing, foreign qualification, and filing DBA among others.

Do you want to form a new business in New York?

How to file a DBA in New York

Date: | Category: | Author: developers

How to file a DBA in New York

One of the most important aspects of a new business is its identity. Your prospective customers, vendors, partners, and shareholders will be able to connect to this identity, which is the business name. Different businesses can have different types of business names and one such type is called DBA or “doing business as”. If you are planning to start a sole proprietorship or partnership then filing a DBA in New York is one of the important aspects. This article will provide you with an insight into what a DBA is, how to find a DBA in New York, the process for filing, managing, renewal, and even canceling a DBA.

Doing Business As or DBA in New York

New York is home to 2.3 million small businesses, which includes LLC, corporations, sole proprietorships, and partnerships among others. Many of these businesses apply for a New York DBA online in order to conduct or transact business in this state. The filing of a DBA by domestic and foreign business entities is governed by Article 9-B of the 2020 New York Laws, GBS – General Business. If you are planning to get a DBA in New York then your business name needs to be compliant with the requirements of section 130 of the General Business Law. The important thing though is to understand what a DBA is and whether your business needs it.

What is a DBA in New York?

If you want to start a small business in New York, you will first need to identify a name that is distinct and stands apart. If you are thinking of using such a name then filing a DBA in New York can be a good option. You are probably wondering how a DBA is different from any business name and the answer lies in the fact that a DBA will help you conduct business in the state under a fictitious business name. Such a name has several advantages over using your own name.

A DBA or ‘Doing Business As’ in New York is known as an assumed business name or a fictitious business name. If you file a NY State DBA online application then the DBA will be considered as the operating name of your company as opposed to the legal name like those used by limited liability companies or corporations. Let’s look at an example to understand a DBA.

Example: If you are planning to start a sports goods store in New York and if you are the owner, you can name it with your name like Jaden Smith sports. In such a scenario, you will not be required to apply for a New York DBA online since you are using your own name. If you were to name the store Jaden’s Soccer Store then you will have to get a DBA in New York.

When do you need a DBA in New York?

A business name is important to any company and if you are wondering how to find a DBA in New York or file such a name then it is important to understand if your business really needs a fictitious name. The reason to opt for a DBA can vary from one business to another. Some of the common reasons for filing a DBA in New York are:

  • Type of business entity – Every business has a true name or a legal name. Some forms of businesses, especially unincorporated business structures like general partnerships and sole proprietorship businesses, the legal name is the name of the business owners. Most often than not, these businesses prefer to get a DBA in New York instead of using the owner’s name.
  • Several businesses – When you form a new business, the primary objective is to achieve growth. When a single business expands, it can branch off into multiple businesses depending on the products or services being offered. In such a scenario, you can apply for a New York DBA online to help in keeping each of the businesses separate and also avoid the need to register each company.
  • Business Bank Account – While opening a business bank account you need to check the bank account opening requirements. There are many banks that require a copy of your DBA (doing business as) or assumed name certificate in New York for opening a business bank account.

Filing a DBA in New York for an LLC and a Corporation

If you are planning to start a new business in New York as a Limited Liability Company or a corporation then identifying a business name is the first step of the process. If you plan to conduct business with a name that is different from the name you have used for business formation then such a name is known as a trade name. A trade name is nothing but an assumed name or DBA (doing business as) is important. There is a process for filing a DBA in New York for an LLC or a business corporation and this process is different from that of the normal name reservation for businesses.

Do New York Assumed Name Search

The first step towards filing a DBA in New York is to conduct a name search. If you are wondering how to find a DBA in New York then there are two ways to conduct this name search and they are:

File an NY Assumed Name Certificate

Now that you know how to find a DBA in New York, the next step is to ensure that you are able to apply for a New York DBA online. It is important to understand that there is a specific reason or purpose for registration of a DBA name. The purpose is to basically notify your customers or the public regarding a specific person or company conducting business under a name that is different from its legal name. The registration of the DBA is governed by the 2020 New York Laws, GBS – General Business, Article 9-B – Use of Names and Symbols.

In order to conduct business under a DBA, you will be required to complete an appropriate NY State DBA online application. You will be required to file the Certificate of Assumed Name with the Department of State. The filing fee for the same is $25. It is important to note that the county filing fee for filing a DBA in New York is $25 for each county, except for specific counties like Kings, New York, Bronx, Queens, and Richmond where there is an additional fee of $100.

You can submit the NY State DBA online application or forward the application to:

  • New York Department of State,
  • Division of Corporations,
  • One Commerce Plaza,
  • 99 Washington Avenue,
  • Albany, NY 12231

You can also benefit from the NY State Department of State’s expedited handling services. If you opt to expedite the assumed name certificate with New York process then there will be an additional fee of $25 to process within 24 hours, $75 for same day processing, and $150 to process within 2 hours. If you want to apply for a New York DBA online then IncParadise can provide valuable assistance with the process.

Managing a New York DBA

Filing a DBA in New York means that now you can conduct your business in the state using the DBA or assumed name. Every state has its own DBA rules and regulations, especially those related to the renewal of DBA, changing, and canceling a DBA. If you have applied for an assumed name certificate in New York then let’s look at the processes applicable in the future.

How to renew NYS DBA?

Unlike in some of the other states in the USA, once you apply for a New York DBA online, the process ends there. This simply means that you are not required to renew the fictitious name anymore. This trade name will belong to you until you change or cancel the DBA or you close the business.

How to change a NY State DBA?

After filing a DBA in New York, you will be able to conduct under the said name. Now, if in the near future, you want to change or alter the fictitious name then, are there any ways you can do it? Yes, it is possible. You will be required to file a Certificate of Amendment for the assumed name certificate in New York. The filing of the Certificate of Amendment is governed by Section 130 of NY General Business Law. There will be a filing fee of $25 for this amendment and you can even expedite this process by paying an additional fee.

How to cancel NYS DBA?

Once you get a DBA in New York, is there any way to cancel the assumed name? There could be a plethora of reasons why a business or a business owner would want to dissolve or cancel their fictitious or trade name. If at any given point in time, you want to withdraw your DBA then it is definitely possible. There is a process for the same and it will require you to submit a Certificate of Discontinuance of Assumed Name. You will have to submit this certificate with the New York Department of State, Division of corporations along with a $25 filing fee. If your filing a DBA in New York was with the county then you will need to contact the said county clerk for instructions related to withdrawing the New York DBA.

Need Any Assistance in Filing New York DBA?

The process to apply for a New York DBA online may require you to provide accurate information while ensuring there is no trademark infringement. If applying for a DBA or conducting a search to get a DBA in New York seems like an intricate process then IncParadise will gladly assist you with the process. We have expertise and knowledge regarding the New York General Business Laws and can help you to get your New York DBA.

We can also provide additional services that will ensure your other business requirements are fulfilled like getting a tax id, S corporation status, New York Certificate of Good Standing, and dissolutions among others.

Do you want to apply for a New York DBA?