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Home Business Basics:

Keeing It All Legal

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Zoning

Before you start your home-based business, do a thorough investigation of the zoning laws in your community.   Zoning regulations define the activities permitted and prohibited in specific portions of a city or county.   Call your town hall, zoning office, or local library to get a copy of their current zoning laws.   Find out whether your proposed business activity is allowed where you live.  

Over the years, I've learned that it's worth taking the time to learn the structure of your local zoning groups.  In some areas, the zoning laws are still being written and are open for interpretation. If your proposed activity is not currently allowed, most areas have Planning, Zoning, and Appeals Boards that will evaluate your case on an individual basis.

If the home business you are planning conforms to zoning regulations, all you need to do is keep abreast of new proposals that may affect your situation.   Stay in touch with others operating from their homes by joining business organizations or neighborhood groups, in case you ever need support to propose or oppose new regulations.   Maintaining a low profile and friendly relations with your neighbors will result in more support from them should adverse regulations affecting your business ever be proposed.

If, through your research, you discover that the home business you are planning would violate the zoning code, these are the possible ways to proceed:

  • Check with an attorney who specializes in zoning law to look for a legal way around the regulation.

  • Apply to the Zoning Board for a variance or exception.

  • Change your business enough to make the operation fit the law.

If the regulation outlaws businesses that employ people other than the homeowner, consider having employees take work to their own homes.   If your business will create too much traffic, consider another strategy for product distribution.   If your business will create too much noise, maybe you can soundproof your house.   At last resort, ask yourself "Is it worth it to organize a drive to change the law?"   Considering the rapid growth in the number of home-based businesses, you might find other entrepreneurs who are also interested in submitting a change in the regulations to the Zoning Board.   Go to meetings of the Board and try to identify the person who appears most active and most sympathetic to your position.

Fortunately, most zoning officers don't have the time or inclination to chase people who aren't bothering anyone.   In the unlikely event that you are issued a "cease and desist" order, you should:

  1. file an appeal immediately with the Appeals Board (if you interpret the regulations differently than they do

  2. submit a change in the regulation to the Zoning Board to allow your business.   This may enable you to continue to operate without fines until the Board reaches a decision.   You may need a lawyer if you are not entirely familiar with the regulations and the workings of the Board.

Cultural and national trends in zoning regulations show an increased acceptance for quiet, nonpolluting, low-traffic kinds of home businesses.   In addition, more and more corporations are employing people to telecommute from home.   Most neighborhoods will adopt a "live and let live" attitude if you keep your premises neat and quiet and don't create traffic and parking problems.


Keeping Up With Zoning Legislation

There are two ways to keep up with zoning legislation in your community (and with other topics of interest to home-based entrepreneurs).   One way is to read local newspapers, especially the business section and the local or "neighborhood" sections.   Note local items about proposed subway stations or the county's plan for revitalization. Changes like these could eventually influence zoning in your area.

The other way to keep abreast of trends and zoning issues is to join the local chapter of a business group, such as the Rotary Club, the National Association of Women Business Owners, your local Chamber of Commerce, the National Family Business Council, or a Business and Professional Women's Club.   Through newsletters, meetings, and friendships that you develop, you will hear all the latest local (and national) issues discussed while you learn valuable business skills and make useful contacts.


Hiring Professionals

Even the smallest and newest business needs help from at least two kinds of specialists: an attorney and an accountant.   Depending on your type of business and your skills, you may also seek the advice of other professionals, such as a direct mail or marketing specialist, an insurance representative, management consultant, a computer specialist, a realtor and a public relations expert.

The following guidelines will help in the selection process no matter what type of expert you are seeking:

  1. Interview professionals to see if you will be comfortable working with them.   Make sure they have served other small businesses similar to yours.   Find out ahead of time exactly what service you are buying, what the working relationship will be and what fees will be charged.

  2. Be completely honest about your business situation.   Advice based on partial or incorrect information is no advice at all.   If you are having problems, don't be embarrassed.   If your sales are down, give the experts all the information you have and work as a team to solve the problem.   If business is good, don't be afraid that professionals will steal your idea or expect a raise.   Build a trusting, businesslike relationship.

  3. Expect the professionals you hire to spend at least some of their time teaching you and explaining complex concepts.   Don't expect to be spoon-fed or delegate all decisions to them.   Take a course at the local community college in record keeping and taxes or public relations to develop more skills in areas where you are inexperienced.

  4. Keep your appointments and pay your bills promptly.


Your Lawyer

To find a lawyer who is familiar with business of your size and type, ask for a referral from a business colleague, your accountant, the local Chamber of Commerce, your banker or some other trusted source.   Some local bar associations run a lawyer referral and information service.   Some just provide names, while others provide details about experience and fees to help you match your needs to the lawyer's background and charges.

A lawyer can help you with zoning, permits or licensing problems, health inspection problems, unpaid bills, contracts and agreements, patents, trademarks, copyright protection and some tax issues.   Because there is always the possibility of a lawsuit, claim, or other legal action against your business, it is wise to have a lawyer who is already familiar with your business before a crisis arises.   A lawyer experienced with your type of venture should also advise you on laws, programs, and agencies (federal, state and local) that help small businesses through loans, grants, procurement set-asides and counseling.   Your attorney will identify unexpected legal opportunities and pitfalls that may affect your business.

In choosing a lawyer, ask for a resume and check references.   If you feel overwhelmed, take a trusted friend to the initial meeting to help you keep track as you interview the lawyer about services and fees.   If you retain a law firm, identify who will work on your case and who will supervise the work.   If junior lawyers handle the work, the fees should be lower. Make sure an experienced attorney reviews your case periodically.

Ask the attorney to estimate the timetable and costs of your work.   You may wish to place a periodic ceiling on fees, after which he or she would call you before proceeding to do work that would add to your bill.   Always have a written retainer agreement, describing just what you and the lawyer expect of each other.


Your Accountant

Most businesses fail not for lack of good ideas, but because of inadequate financial expertise and planning.   Find a good accountant the same way you found an attorney.   Get referrals from trusted friends, business associations or professional organizations.   Discuss fees in advance and draw up a written agreement about how you will work together.   Your accountant (along with your lawyer) can advise about initial business decisions, such as the form of the business.   Your accountant will help set up your books, draw up and analyze profit and loss statements, advise on financial decisions (e.g., buying a computer), and give advice on cash requirements for your startup phase. He or she can make budget forecasts, help prepare financial information for a loan application, and handle tax matters.

Accounting firms offer a variety of services.   Most firms will maintain books of original entry, prepare bank reconciliation statements and post the general ledger, prepare balance sheets and income statements on a quarterly or semiannual basis, and design and implement various accounting and record keeping systems.

They will also calculate your federal and state withholding numbers, give instructions on where and when to file tax returns, prepare tax returns and do general tax planning.   Your accountant is your key financial advisor.   He or she should alert you to potential danger areas and advise you on how to handle growth spurts, how to best plan for slow business times, and how to financially nurture and protect your business future.


State and Federal Laws That May Apply to Your Business

Most localities have registration and licensing requirements that will apply to you.   A license is a formal permission to practice a certain business activity, issued by a local, state or federal government.

  1. You may have the type of business that requires a permit from the local authorities.   There is often a small fee for licenses and permits (usually $15 - $25).   A license may require some kind of examination to certify that the recipient is qualified.

  2. You must register your business name and obtain a sales tax number.

  3. Separate business telephones and bank accounts are usually required.   (You will also want to have the latter for accurate bookkeeping purposes.)

  4. If you have employees, you are responsible for withholding income and Social Security taxes.   You must also pay worker's compensation and unemployment insurance and comply with minimum wage and employee health laws.

If your operations are intrastate, you will be concerned primarily with state and local licensing (rather than federal).   Businesses frequently subject to state or local control include retail food establishments, drinking places, barber shops, beauty shops, plumbing firms, and taxi companies.   They are primarily service businesses and are subject to regulations for the protection of public health and morals.   Your attorney can help you make sure you have complied will all licensing and permit requirements.   Depending on your type of business you may have to comply with building and safety codes, too.

Think twice about the liabilities of operating without proper licenses and registrations.   If you begin to advertise or are fortunate enough to get widespread publicity, you will probably hear from a local official.   You will pay with embarrassment, time, and money if your business is not properly licensed.

If you find legal regulations, permits, and licenses confusing, get the information you need to operate legally from a trusted advisor.   Get help from your lawyer, accountant, business partner or even your local librarian.   This can't be delayed until you "get around to it", as your business reputation and financial standing are at stake.   Learn the laws and adhere to them.



 

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