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Zoning, Laws, and Taxes Affecting Your Home-Based Business

Zoning laws that relate to your home-based business

Zoning laws may be determined by your city or your county, and you should familiarize yourself with these laws so you will be able deal with any issues that may arise. First, you need to determine if your home-based business will have employees or walk-up trade. If not, the zoning questions may never arise. Home-based businesses that deal with the public or have non-family-member employees that work out of their home are more likely to have issues with with zoning laws. Before you start your business, get a copy of your local ordinances from your city or county clerk’s office, the city attorney’s office, or your public library.

Usually the problems arise when neighbors complain, and the zoning boards are required to deal with the complaints. If employees and customers are going in and out of your home, making noise, or parking by the neighbors’ homes, your neighbors will probably bring this to the attention of the zoning commission. Also, your hours of operation may also be an issue if you are open early in the morning or late at night and you disturb your neighbors. If your biggest problem is your neighbors, try talking to them about your business ahead of time to help allay their fears. If you meet with resistance from neighbors, you may be able to negotiate a resolution.

The amount of space your business is uses in your home usually cannot be greater than the actual living area. This is called “space percentage,” and it can lead to a zoning issue. Also, the type of merchandise you are selling may also be restricted in a residential area if you are using chemicals or other items that have an unpleasant odor. Most zoning laws allow a nonpolluting home businesses, as long as any home containing a business is used primarily as a residence and the business activities don’t negatively affect neighbors.

You may also be in breach of zoning laws if you post a sign for your business in your yard, and you should read up on signage laws in your area before you post a sign. You may be able to find other business owners in the area who have similar zoning issues, and you can organize a local business campaign to try to change your zoning laws to make them more favorable to home-based businesses.

In many cities and counties, if a planning or zoning board rejects your business, you can appeal or request a variance from the city council or county board of supervisors. You are more likely to succeed if you have the support of all affected neighbors and other businesses in the area. Because of the prevalance of home-based businesses, some communities are working to amend ordinances that prohibit home-based businesses entirely to allow “traditional home-based businesses” that are unobtrusive.

In an effort to protect residential property values, most subdivisions, condos and planned-unit developments create special rules called Covenants, Conditions and Restrictions (CC&Rs) that govern many aspects of property use. When you purchased your home, you received a copy of the CC&Rs, and you should read them carefully to be sure that you are allowed to operate a business in your home. Rules pertaining to home-based businesses are often significantly stricter than those found in city ordinances and they are more zealously enforced. If you violate these homeowner’s restrictions, the homeowner’s association or property management company could obtain an injunction to stop the business activities, and you could be facing stiff fines.

Legal issues affecting home-based businesses

The first thing you must do is establish a business entity for your new venture. You need to take this vital step for your business to protect yourself from liability issues. You will also need to apply for a business license before you start selling anything if your state requires one. If your state does not require a license, you may be required to have a reseller’s certificate. Research your state’s business laws and get the proper license or certification.

Many home-based business overlook their need for insurance. Unless you are covered already, you will need to provide your own health, dental, and life insurance. You will also need liability and business property insurance to protect your business and its assets if an accident or other unexpected event affects your business. If you have employees working in your home-based business, you must consider whether you will provide health insurance for them. Also, research the OSHA standards to determine if your home-based business is subject to them.

Tax laws that govern your home-based business

Your tax situation will change when you start your home-based business. Because new tax laws are passed every year, you need to hire a good accountant to be sure you are compliant. Even if you have done your own taxes for years, owning a business means that you will need different tax forms and schedules. It is well worth the cost of a good accountant to be sure that your deductions are viable and that you are paying the correct amount of tax.

State taxes regarding deductions, income tax, and sales tax vary from state to state. Contact your state’s tax office for specific information about how taxes are calculated and collected in your state. The Internal Revenue Service can be researched on-line at http://www.irs.gov to learn about the tax laws you will be facing. The IRS Web site provides comprehensive information for small businesses and also lists a toll-free number if you need more help. Spend some time at the IRS Web site until you feel comfortable with the new.

You can also get good information from the Small Business Association site on tax laws and other business issues. Another good resource is Nolo Press that sells books, e-books, and guides specifically about small business tax issues. Their Web site also offers free information. If you plan to hire employees, you need to be aware of employment taxes and other issues that face business owners. You will need to set up a system for federal withholding tax, state tax, and other employment taxes, and you need to report and pay the taxes withheld to the appropriate government agency.

Strategic Planning in Small Business – Is There Such Thing?

“The vast majority of small business owners do not plan”, I think that we can regard this statement as a ruling. But why is it so? As far as my knowledge reach, the reason for this derives from two different aspects: First, the lack of time that every small business owner face, which exists mainly because of the centrality of the small business owner in the day-to-day management tasks that are crucial for the maintenance of the small business. Second, the skills, or lack of skills, to establish a profound strategic planning process that will evolve into strategic plan that will lay out the small business goals and objectives and the necessary resources needed to achieve those objectives. Such skills are not as common even when we are dealing with large business top managers, but contrary to small business owners large business top managers do have the access to professionals in the field of strategic planning and the necessary resources to hire them, and this is what makes the whole difference.

After saying all this, several questions needed to be answer: do all small business owners sentenced to lag behind their corporate colleagues regarding strategic planning? Is there something that the small business owner can do in order to narrow the gap? And if there is, what will be the benefits to the small business owner?

Small business owners will never have the necessary resources needed to close the gap with large businesses regarding strategic planning process and implementation. But frankly I don’t think that they should put neither their time nor their money in the elusive quest to narrow this gap. What small business owners can and should do is to understand that a small business is not a large business regarding its abilities and needs with the only exception that it’s employ fewer employees. If this understanding become a common knowledge to the small business owner, it is rather obvious that he or she should adopt different approach regarding strategic planning.

The idea that strategic planning at small business should not come in a rigid form, that dictate a step by step formula what the small business should do and how it’s need to act at every possible situation, opens a whole new set of alternatives to engage at some sort of strategic planning from which the owner and its business will be the main beneficiaries. The benefits to the small business from engaging in any sort of strategic planning could be as follow: The understanding of the small business owner how he sees the objectives of its small business as for today and what he plans to the future. Defining the resources needed to achieve those objectives and plans. Insight what are and will be the risks while trying to implement its present and future plans.

Top 3 Reasons Small Businesses Fail

Before You Say “I Do”Before you say I do, before you make the investment, before you hang the sign, before you set up the company, there is something that you should know. Small businesses are similar to a marriage – no one goes into the venture thinking that it won’t work out. Yet a significant portion of small businesses fail. According to the Small Business Administration, as many as 30 percent of small business startups fail within the first two years of the honeymoon – and up to 50 percent within the next three years. Do the math and you’ll come up with a staggering 80 percent failure rate among small businesses within the first five years. The odds are stacked against you, but our business model is based entirely on helping small business owners maximize growth. To avoid the pitfalls that cause other businesses to fail, you’ve got to understand what business failure is, the reasons why small businesses fail and what it will take to be part of the remaining 20 percent that achieves success.Just like someone whose marriage has ended in divorce, failed small business owners often blame anyone but themselves. They look for factors outside their control as scapegoats for the downfall of their business endeavors. They blame the economy, the government, their partners or their employees, just to name a few. If you dig a little deeper, the real root of the problem can often be revealed in a lack of business acumen, inadequate resources or insufficient capital. Without exception, these issues are ultimately the responsibility of the small business owner.Lack of Business AcumenMaking the transition from an employee to a small business owner can be extremely difficult. The disciplines that you have developed as an employee are totally different than what you will need when you step into the owner’s shoes and start running the show. The reality is that many owners’ expertise lies in accounting, law, medicine or some other discipline unrelated to day-to-day operational concerns. Don’t assume that you can just open a business and find clients or patients lining up outside your door. It takes skill and experience to drive business your way. Identify the areas where you lack expertise and look for consultants, partners, professional services or employees to fill in the gaps.Inadequate ResourcesFor small business owners, relationships mean everything. The right relationships result in a strong foundation, but incompatible or incomplete teams translate to inadequate resources. What team resources can you leverage to balance your own strengths and weaknesses? Too often, new business owners attempt to do it all themselves. This strategy may work in a one-man operation for someone whose goal in life is to only work by himself, for himself. Unfortunately, it’s an ineffective strategy for running a full-scale business. Instead, you need the right team and the right advisors. One of the most powerful tools you can use to increase your chances of success is to learn where to turn to get the right resources to fit the needs of your business. That won’t necessarily mean consulting with your best friend or hiring a former co-worker. Your selection process should extend beyond friends and family. Looking for the lowest price may also not be the best decision-making criteria. The truth is you get what you pay for. Locating and utilizing the best resources possible is one of the keys that will differentiate your future between dissolution and success.Insufficient capitalThe number one reason why marriages fail is because of money issues, and small businesses are no different. The amount of capital available to you at the time you establish your new business is a critical determinant of the success or failure of your business. Simply put, your available capital is the sum of your cash, lines of credit or trade credit for the business. For most start-up businesses, the costs incurred within the first two years far outweigh income – except in the case of acquiring a business that provides income on day one.One of the largest and most common problems is muddying the line between business expenses and personal expenses. Separate your personal life from the business. Resist the temptation to remove cash from business accounts to satisfy a shortfall in your personal budget. While it’s true that the business should provide income to the owner, too-frequent personal withdrawals cause undue hardship. Plan withdrawals that are sufficient to maintain your household needs and stick to the plan.In order to flourish in business, you must be accountable to yourself, your employees, your family and your clients. You must be able to grow right along with the growth of your business. If, as a small business owner, you take the same “’til death do us part” commitment pledge taken by a newlywed, and commit to sticking it out through thick and thin, you will increase your chances for success. Don’t give in to the temptation to wander off and explore the next, newest thing. Focus and commit to your business and eliminate failure as an option.

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