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Irwin Law
Irwin Law, Attorney
Category: Business Law
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Experience:  30+ yrs. representing small business, real estate, probate
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how do i start a company? i need by step instructions. I have

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how do i start a company? i need by step instructions. I have a name for it and i want to do business under that name and have the ability to have tax writeoffs the best that i can. I was told an LLC is not beneficial for someone who makes under 400k a year in california. please help.
Submitted: 1 year ago.
Category: Business Law
Expert:  Irwin Law replied 1 year ago.
The Answer you received from ZDNlaw on 4/23 pretty much says it all. Do you have a more specific question than, "how do I start a company? or, what does a d/b/a filing do for me?
Customer: replied 1 year ago.

im getting different answers from people. i was told from another expert that i need be incorporated. im very confused.

Expert:  Irwin Law replied 1 year ago.

The primary purpose of forming an LLC or a corporation is protection against personal liability for matters relating to the business activity- financial and/or operational. If there is little or no chance of liability claims or of running up large debts, then you might simply operate under your own name as a sole proprietor. A d/b/a filing gives you no legal protection against anything. It is only used as a matter of style if you think approaching customers in a company name is XXXXX XXXXX understand that you are an artist. Do other artists in your field use company names or their own? No matter what form you choose to do business in, your business expenses are deductible from business income for tax purposes. LLCs or corporations are not usually formed for tax purposes right out of the gate.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

Customer: replied 1 year ago.

how does a sole proprietor differ from a dba? Id like a business license to form a company with the title.

Expert:  Irwin Law replied 1 year ago.

If XXXXX XXXXX does a job and sends out a bill with the name "XXXXX XXXXX, PLUMBER" on it he is a sole proprietor. If his sends the bill with the name Acme Plumbing Company on it, then he is still a sole proprietor, but he has chosen to do business in an assumed name, i.e. one not his own. In order for the people who deal with Acme to be able to find out who Acme really is, Joe must file a d/b/a (or assumed name) certificate with either the county clerk or recorder. That's all that a DBA does for Joe and the public. It's is simply a matter of providing a public notice as to "who's on first" if you will. You do not need a business license to file a DBA certificate or to do the business you describe.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

Expert:  Irwin Law replied 1 year ago.
Hello again. I notice that you have read my Answer to the question that you previously submitted. If you need further explanation or more information, please send a Reply to this. If not, then I hope that you will enter a positive rating (check a smiley face) for my Answer so that I can receive compensation. We hope that you will continue using Pearl.Com- Just Answer. We appreciate your business.
Customer: replied 1 year ago.

i still dont understand anything about what you said. i would like to a company name of "abc company" but also avoid any major tax costs for maintaining it. i was told an LLC would cost a ton of money in taxes and wouldnt make sense unless i was making 400k a year. also do i get the dba first? THEN create the llc? i need to be explained like i am child. i need a step by step of what i need to do to get my goal of creating a entity under the company name "abc company" and be able to have many tax write offs and not have to pay an 'arm and a leg' in taxes to maintain the company. not only do i want the prestige of using a company name which i will build to hopefully 400k and more but i also want to protect myself from any personal liability if something goes wrong.

Expert:  Irwin Law replied 1 year ago.

I'll make it as simple as I can. Here it is step by step. 1) Go on line (or Staples, Office Depot) and purchase letterhead, envelopes and statement forms under the heading "ABC Company". Use either your home address or a commercial address. Avoid using a p.o. box. People are suspicious of them and they are not prestigious. 2) Go to your county clerk's office, or the county recorder and ask for an assumed name certificate for your county. You might find this on line. See: http://www.nolo.com/legal-encyclopedia/registering-business-name-30262.html 3) Fill in the certificate and record or file it in the approprriate county office. There will usually be a small filing fee. 4) Voila. You are now in business as the ABC Company. You also have every single tax benefit, deduction, or write-off that Congress and the IRS allows a sole proprietor. You don't even need a new federal ID number since you will file your taxes using your social security number. 5) The only thing you don't have is limited personal liability. 6) You have avoided attorney and accountant fees; secretary of state filing fees, and annual report fees of a corp or llc. The only cost you have is giving me a positive rating here, plus hopefully a handsome bonus. :-)

Customer: replied 1 year ago.

a few questions. how does the "assumed name certificate" differ from a DBA? is the assumed name certificate a business license? and what is the letterhead, envelopes and statement forms for exactly? and can i do all the necessary filings for the county clerk online? maybe through legal zoom?

Expert:  Irwin Law replied 1 year ago.

The assumed name certificate doesn't differ from a DBA, it is the DBA,which means literally Doing Business As. It tells the world who is the real person who is doing business as The ABC Company. It is not a business license and grants no rights or authority. I previously told you that you do not need a business license for the kind of business you described. Letterheads etc..are just the trappings of a business. If you don't send correspondence you won't need it. If you Google or phone the county clerk, you will find out if you can file it on line or not.

I cannot go any further with this answer until you finally enter a positive rating for any one of my numerous prior answers.

Irwin Law, Attorney
Category: Business Law
Satisfied Customers: 4960
Experience: 30+ yrs. representing small business, real estate, probate
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