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How do I find out what I need to do to legally operate a
business in Idaho?
Your best bet is to go through the Business Wizard on this
site. You will be asked five questions about your business and then provided
with a checklist of agencies you need to contact, the reason to contact them, and a hot link to the agency's Web site.
Also visit the Legal
Structure/DBAs section of this site for help in choosing and
registering a business
entity form and registering your business name.
You may also want to call your local city clerk's
office to find out if you need a business license. Some communities
license only a few business activities; others license all businesses. You
will find a list
of city clerks at
http://www.idahobizhelp.org/regional/City_Clerks.htm
I don’t know where to start. I have never been in
business before. Who can help me?
Click on the Business Assistance
button to the left. Under
Business Formation and Expansion you will see links to the Small Business
Administration, the Idaho Small Business Development Center, and SCORE.
All three organizations work
with start-ups. Click on the link for each organization to
find a location near you, then make an appointment for a
free consulting
session.
I have heard that there are numerous
regulations to follow when a business has employees . How do I cover all my bases?
First, click on the Employer Issues button
to the left and review the
information there. Then, click on the Employee or Independent Contractor
button on that page and review the information. You can have legal problems if
you classify a worker in the wrong category.
Next, go through the Business
Wizard and under Question 3 select either "Employees" or "Both"
(Employees and Independent Contractors). The resulting Checklist will give you
contact information for
the agencies that regulate employment issues. Contact them to learn what
you must do to comply with their requirements.
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What kind of licenses do I need to do business in Idaho?
It depends on your type of business; there are different
types of licenses and not all business
activities need a special license. To find out if your business needs one, click on the Licenses
button to the left and review the information there. Then, go through the Business
Wizard, and in Section 2, check all the items that may apply to your
business. At the end of the Wizard you will get a Checklist telling you
which agencies license each activity. If your business's primary activity
doesn't appear in Section 2, then you may not need a special license.
However, depending on your business, you may still be licensed at the local (city and county),
and/or federal level. Your employees may also need individual
occupational licenses, depending on your business activities.
Some cities in Idaho require some or all businesses to obtain a
city business license. To find out if your city licenses businesses, call
your local city clerk's office. A list of city clerk's offices
with contact information can be found at City_Clerks.htm.
If your business will be located outside the city limits, contact your
county clerk or recorder's office to find out if you need a county business
license.
If you plan to sell a product or offer certain types of
services, you may need a sales tax permit, also called a reseller's
permit. Contact the State Tax Commission for information or visit the
Taxes section of this site.
If you plan to have a home-based business,
visit the Hot Topics section of this Web site
to find out what additional licenses or permits you may need and
other special requirements that may affect your business. Also choose
"Home Business" in addition to your business activity when you
go through the Business Wizard.
How do I find out if someone else is already using the
business name I want to use?
You can do a Business Entity Status Search on the Idaho
Secretary of State’s Web site using the form found at http://www.accessidaho.org/public/sos/corp/search.html?SearchFormstep=crit.
After entering the name you want to use, the site will tell you if it is
already being used in Idaho. You may also want to look for similar names
that are spelled differently or contain a slight variation, such Shoppe
instead of Shop. Also do an Internet search to find regional or national companies
using the same or a similar name. You may
want to avoid
choosing a
name similar to an existing business, either one
registered in Idaho or a nationally known company. Your business could be confused with the other
business and that may not be in your best interests, particularly if the
other business has a questionable reputation or has financial problems.
Once you decide on your business name, you can print the form
to apply for an
Assumed Business Name (also called a DBA) from the same Web site.
If you plan to organize your business as a corporation or
an LLC, you must choose a unique name not currently in use in Idaho. For information visit http://www.sos.idaho.gov/corp/corindex.htm.
For information on
protecting your business name, go to DBAs, Trademarks, Service
Marks on the Hot Topics page
of this site. Also visit the Legal Structure/DBAs
section of this Web site for more information on registering a business
name and entity type.
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How do I obtain a permit to
make retail sales in Idaho?
To make retail sales in Idaho, you will need to
obtain an Idaho sales tax permit by
completing form IBR-1, Idaho Business Registration. The
application can be completed on-line at https://labor.idaho.gov/applications/ibrs/ibr.aspx.
If you plan to sell your products for only a short time,
such as at a festival or trade show, you can obtain a temporary sales
tax permit from the Idaho State Tax
Commission.
How do I know whether to set up a Sole Proprietorship,
a
Partnership, Corporation, or an LLC? How do I change from one to the other?
The Legal
Structure/DBAs page on this
site contains a description of each entity type. Also check the Legal Structure/Business Entity Descriptions
information on the Links section of this site.
Then, if you are still not sure which legal entity is right for you,
contact the Small Business Administration, your nearest Idaho Small Business
Development Center, or your regional SCORE office. They are listed
under Business Formation and Expansion on the Business Assistance button
to the left. A counselor will explain the various types of legal
entities and help you choose the best one for your business.
You may want to contact an attorney and/or an accountant
to make sure you have selected the best
entity type for your particular type of business because your
entity choice will affect the taxes you pay and how you pay
them.
Once you have decided on a business type, you can download the
necessary forms from the Secretary of State’s
Web site at http://www.sos.idaho.gov/corp/corindex.htm.
If you choose to register as anything other than a sole proprietorship,
you may need to have an attorney prepare the proper documents for you.
To change from one business entity type to another, check
the information found on the Legal
Structure/DBAs section of this site. You may
need the assistance of an attorney and an accountant to properly close your existing entity
type, pay any taxes owed, and file for the new type.
If you are a corporation and you want to change your name
or status, you must file Articles of Amendment. Visit the
Secretary of
State’s Web site for more information.
When you change entity type, you need to contact the
Internal Revenue Service (IRS) to determine how your tax reporting may change.
You may need to file a final tax report for your old entity
type. Information is available on this Web site at http://www.idahobizhelp.org/legal_ent.htm#Canceling.
You may also need to contact the Idaho State Tax Commission.
If you have employees and are required to withhold
unemployment taxes, you may also need to contact the ID
Department of Labor to be certain their records are updated.
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I am thinking of giving up my business. How do
I make that decision? What do
I need to do to close the business?
You will need to contact several agencies to
dissolve your business. Begin by clicking on the Business Assistance
button to the left where you will find a list of agencies under
Business Sale/Dissolution. You will see the Idaho Small Business
Development Center and SCORE listed as contacts. Contact the nearest office to make an appointment for
a consulting session. A counselor can help you through
the process.
I am having trouble competing with big box stores and
major suppliers. Where can I get help?
Click on the Business Assistance
button to the left. Then, under
Consulting/Counseling, you will see the Idaho Small Business Development
Center, Small Business Administration, and SCORE. Contact the nearest office
to make an appointment for a consulting
session.
What is a vendor’s license and where do I get it?
Businesses that engage in temporary retail sales or solicitation of sales for future
delivery, including businesses that sell door-to-door or at festivals, events,
and trade shows, must obtain a vendor’s permit, a solicitor’s permit, or a
temporary vendor’s permit. Contact the City Clerk’s office in the city
where you will be doing business.
If you are engaged in door-to-door
sales, you and each of your employees may need to obtain a permit in every city where you work.
Each of you will have
to undergo a background check before the permit is issued and you may have
to post a bond.
You will
also need an Idaho sales tax permit or a temporary sales tax permit. You can obtain
a permanent permit on-line by completing form IBR-1 found at https://labor.idaho.gov/applications/ibrs/ibr.aspx. If you need only a temporary sales tax
permit for a specific event lasting a short period of time,
call the State Tax Commission for information.
If you will be selling at a
promoter-sponsored exhibit or show, the promoter will ask you
to complete Form ST-124, "Idaho Sales Tax Declaration,
Promoter-Sponsored Event." If your business doesn’t have an
Idaho
seller’s permit, you will receive a temporary permit from the
promoter when you complete the ST-124.
How do I register to sell to the government or
become a preferred
vendor?
If you want to sell to either the state or federal government, you must first
register to become a government contractor. See
Government Contracts/Procurement on the Hot Topics
section of this site for information.
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Where can I get a DBA (also called an Assumed Business
Name)?
Check out the Legal Structure/DBAs
page on this Web site or visit the Idaho Secretary of State’s Web site at http://www.sos.Idaho.gov/corp/corindex.htm.
Before registering a name, you can search the Secretary of State's on-line database at http://www.accessidaho.org/public/sos/corp/search.html?ScriptForm.startstep=crit
to find out if someone else is
already using the name you want to use or a similar name.
Can I advertise on this site or put a link on this site?
Any state or federal government agency or
non-profit
organization can be represented on this site if they license or regulate
business activities or offer business-related services. Local agencies such as city
and county clerks are not represented individually, because there are so many
of them and their requirements vary from area to area. There is no cost to
be
listed on the Web site. This is not a commercial site,
so no advertising is accepted.
If your organization fits the above
criteria and you want to be listed on the site, send us a message via E-mail, then we
will review your site for possible inclusion. Please do not
place a link on your site and then expect us to provide a
reciprocal link.
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What forms do I need to file to start a business?
It depends on the type of business you want to start.
Some types of businesses are more heavily regulated than others. Go
to the Business Wizard on this site and answer the
questions. The
resulting Checklist will tell you what forms you need to file and the
agencies with whom you need to file them. Also visit the Legal
Structure/DBAs page on this site for information about registering
your business entity form and your business name.
What loans and grants are available for starting a
business?
Grants are generally not available if you want to
start a typical for-profit business. The few available programs are primarily for businesses engaged in developing new technology
or creating jobs and they
have
stringent requirements. For more information, check out Grants
on the
Hot
Topics section of this site.
For loan information, do a search
on the Resource Wizard to find banks in your area
and special loan programs. Also check Loans on the
Hot Topics section of this site. You can also contact your
banker or your nearest Idaho Small Business Development Center,
SBA, or SCORE office for information about loan programs that may fit your
business.
What do I need to know about tax reporting for a new business?
The State Tax Commission,
http://tax.idaho.gov
and the Internal Revenue Service, http://www.irs.gov, are the primary
taxing authorities. If you have employees, the Idaho Department of Labor,
http://labor.idaho.gov,
collects Unemployment Tax (sometimes called unemployment insurance). Other types of taxes may also apply, depending on the
nature of your business. The best way to find out what taxes you may need to pay
is to do a search of the Business Wizard. The resulting
checklist will
inform
you of tax reports you may need to file and other required reports.
Also
visit the Taxes section of this Web site
for information on specific types of taxes that may apply to your
business activity and the agency that collects them.
How do I make a business plan?
Check out the section on Business Plans under the Links section
of this site. You will
find links to sample plans and instructions for creating your own plan. For assistance in preparing your plan,
contact your nearest Idaho Small Business
Development Center, SCORE, or Small Business Administration office. They are listed under Business
Assistance, Business Plans
on this site. They can help you with the necessary research for your plan and they occasionally offer classes on
writing a business plan.
Who do I talk to about making a financial success of my
business?
Make an appointment with a counselor at the Idaho Small
Business Development Center, the Small Business Administration, or SCORE. They are listed under Business
Assistance,
Consulting/Counseling on this site. They will learn about your
business and help you determine what you need to do to be financially
successful. Their counseling services are free. Also talk with your
accountant and your banker to learn about strategies you may
be able to implement.
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I couldn’t find my business on the Wizard, so I didn’t
go through it.
That only means you don’t need a special
license or permit (lucky you!). You still need to go through the Business
Wizard to see what tax reports and other forms are required for your
business entity type and to find
out what you must do if you have employees or independent contractors.
I have an out-of-state business and plan to
do business in Idaho. How can I get information regarding Idaho
regulations?
Out-of-state businesses may be subject to the same
regulations as businesses located in Idaho. Click on the Business
Wizard button on the menu on the left to obtain a customized
check-list of agencies to contact that may require licenses, permits, and
forms.
Also contact the Secretary of State's
office
to
find out whether you need to register your business in Idaho as a foreign
corporation, the Idaho State Tax Commission
to find out about taxes you may need to pay, and the Idaho Industrial
Commission if you have employees or independent contractors located in
Idaho.
My bank says I need a business tax code or a personal tax
code to open a business checking account. What do they mean and how do I
get one?
They probably mean the Federal EIN (Employer
Identification Number) or your Social Security Number (SSN). These may
also be called Tax ID Numbers. If you are a Sole Proprietor with no
employees you may be able to use your SSN (if you do not have a
personal account at that bank for which you are using the
number). If you are unable to use your SSN, you will need to
obtain a Federal EIN. (Be aware that, in addition to your bank,
most government agencies and corporations with whom you do
business will require you to
obtain an EIN even if you are a sole proprietor with no
employees. For security reasons, they no longer accept Social Security
numbers as business identification numbers.)
To apply for a Federal EIN, fill out form SS-4 and submit it to
the Internal Revenue Service. The form and instructions can be downloaded at http://www.irs.gov/businesses/small/article/0,,id=102767,00.html. There
is no charge to obtain a number and the process is quick and easy. You can apply by phone, fax, or mail.
Where can I find out about paying overtime?
Visit the U.S. Department of Labor Web site at http://www.dol.gov/dol/topic/wages/overtimepay.htm.
For other important information about having employees, click on the Employer Issues button
to the left or visit the Web site of the
Idaho Department of Labor at
http://labor.idaho.gov.
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What is a Health
Insurance Identification Number and how do I get one?
If your business offers health insurance to employees,
you will need to use a National Standard Employer
Identification number to report claims electronically.
To learn more about this topic, visit
http://aspe.hhs.gov/admnsimp/faqemp.htm.
How do I obtain a UPC code for the product I plan to sell?
Visit the Web site of GS1 US BarCodes and eComTM,
formerly known as Universal Packaging Codes, at
http://www.gs1us.org/barcodes_and_ecom.
I want to change the name of my business. Who do I
contact?
To change an assumed business name, you need to
notify the Idaho Secretary of State's Office using the form found at
http://www.sos.idaho.gov/corp/ABNform.htm. To change the
name of a corporation or LLC, contact the Secretary of State's
office for information.
You also need to notify the Internal
Revenue Service (IRS), State Tax Commission, and Idaho Department
of Labor to
be certain your taxes and other reports continue to be processed correctly. You
may also need to obtain a new EIN, Employer Identification
Number. For information, visit http://www.irs.gov/individuals/article/0,,id=148089,00.html.
You will also need to notify any state or
local agency from whom you have obtained a permit or license or
with whom you file reports on a regular basis.
My product is made in the U.S., a rarity today. Do I
need to do something to be able to advertise it as U.S.-made?
The Federal Trade Commission (FTC)
regulates advertising that promotes products as made in the U.S.A.
You can find information at http://www.ftc.gov/bcp/edu/pubs/business/adv/bus03.shtm.
How can I have my product certified as organic or
"green?"
The Idaho Department of Agriculture certifies farms and food products
grown in Idaho as organic. They also certify organic soil
amendments (fertilizer) made in Idaho. For information, visit
www.agri.idaho.gov/Categories/PlantsInsects/Organic/indexOrganicHome.php
The U. S. Department of Agriculture administers the National
Organic Program for production, handling, and labeling of
agricultural products, including meat, poultry, seafood, and
alcoholic beverages. Information is available at http://www.ams.usda.gov/.
If you want to certify a non-food product, contact
Green Seal at http://www.greenseal.org/.
Also check the information about "Green Certification" found on
the Hot Topics page.
I want to sell my cookies and pies at our farmer's
market but they won't let me unless I have a commercial kitchen.
What is that and how do I make my home kitchen into a commercial
one?
Commercial kitchens are inspected and regulated by your local
health department. Unfortunately, you cannot make your home
kitchen into a commercial one. A commercial kitchen must be located in a
separate area away from your home kitchen and it cannot be used to
prepare your family's meals. It will need to contain
specific appliances, stainless steel counter tops, and special sinks, which can be
expensive to implement.
Many churches and senior citizens centers have commercial
kitchens and they may be willing to rent space to you. Also check
with caterers and with restaurants that serve only breakfast and
lunch to see if you can rent space from one of them in the evening. With some
searching, there is a
way to make your business possible.
What is TERO? My company wants to bid on a project
on the Ft. Hall reservation but they say we have to have a TERO
permit.
TERO is an acronym for Tribal Employment Registration
Office. To perform work on most reservations your
company must employ Native American workers. You can obtain
information and the necessary form to submit by
contacting the tribal office of any reservation where
you want to work.
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