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Steve Windhaus Ask the Small Biz Adviser

Home-based-business regulations

Dear Small Biz Adviser:
Do I need to research local small-business laws if my business is home-based and operated solely through an Internet home page?
Sincerely,
Pleniflora

Dear Home-based Plenifloria:
Yes, you have to pay attention to local laws and ordinances even if the business is solely operated from your house.

First, check your city zoning laws regarding home-based businesses. In some locales, home-based business is completely outlawed. In others, it is a matter of limitations on what you can and can't do.

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Next, apply for an occupational license in your city and county (or parish). The prices for these one-year licenses can vary greatly. They provide a welcome additional source of government income in some areas, but that's the price of doing business, home-based or not.

A third consideration is whether you live in an area governed by a homeowners' association. There are cases in which a city will license a home-based business, but the association will ban the activity. And be aware that even without an association, neighbors sometimes may be unhappy with the operation of a business down the block.

Fourth, don't forget about sales taxes. If your business is selling products to consumers over the Internet, you are liable for collecting the sales tax from any customer who resides in your state and has the item delivered to that address. Check with your state's tax officials for more information about specific sales tax requirements (percentage, filing and payment methods, etc.). You can find links to your state's revenue office in the individual pages of Bankrate.com's state tax roundup.

While you're Internet surfing for state sales tax information, also visit your city's or county's Web sites to learn more about local business registration requirements. The National Association of Counties has a comprehensive Web site where you can search for your locality's codes and ordinances. At the city level, the National League of Cities' site is a reliable municipal source for finding your city's regulations. I checked two state sites using the State Leagues search option, and the results for both provided a directory of all member-city Web pages.

Finally, it also is a good idea to check the Internal Revenue Service Web site for information about home-based businesses. Specifically, download Publication 587, Business Use of Your Home, for information that can save you on tax liabilities.

I wish you well.

-- Posted: Aug. 16, 2001

 

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