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DBAs 
Trademarks, Service Marks
Government Contracting/Procurement
Grants
Home Business
Invention Assistance
Loans
Non-Profits
Scams & Schemes
Substance Abuse in the Work Place
Tax Payer Identification Number
Venture Capital
Women, Minorities, Veterans, Disabled
Work-at-Home Schemes
Zoning Compliance

DBAs

DBAs (also called Assumed Business Names) are used to identify your particular business, such as "Jones Plumbing." Any person who plans to engage in business in Idaho must register the business name with the Secretary of State's office before beginning to transact business.

Registering records your name and your company's name in the Secretary of State’s searchable database to give notice to the public that you are doing business under that name. 

For more information on this topic, visit the Legal Structures/DBAs page on this site.

NOTE – Assumed Business Names are NOT a business license of any kind and they do NOT set up a legal form of business, such as a Partnership or Corporation. Business licenses are obtained from your city or county, not from the state.

IMPORTANT - registering your Assumed Business Name with the Idaho Secretary of State does NOT protect you from someone else using the same name. Therefore, before you register a business name, you may want to check to be sure that no other business is using the same name or a similar one, or has recently used it, by doing a search at http://www.accessidaho.org/public/sos/corp/search.html?SearchFormstep=crit It is legal for more than one business to use the same name, but doing so can create confusion between the two businesses and you could be mistakenly associated with the actions of the other business, including negative ones and financial ones, so it is best to choose a unique name.

Trademarks, Service Marks

Once you have registered your unique business name, to protect it from use by others, you can register it and/or your unique logo as a trademark or service mark. To register your trademark in Idaho, visit the Secretary of State’s Trademark Division at http://www.sos.idaho.gov/tmarks/tmindex.htm. To protect your trademark within the entire U.S., you must register it with the U.S. Patent & Trademark Office at http://www.uspto.gov/main/trademarks.htm. If you do not do business nationally or in multiple states, you may not need to trademark your business name with the U.S. Patent & Trademark Office.

To trademark your name or logo, first do a search to find out if someone else has already trademarked it or something very similar. If they have not and you trademark it, then, if someone tries to use that name, you can take legal action for trademark or service mark infringement. If you do take legal action, it is highly recommended that you hire an attorney who specializes in patents and trademarks to help you.

After trademarking your business name or logo in Idaho, you should use the trademark symbol ™ on written materials that include the trademarked name or logo. If you register your trademark with the U.S. Patent and Trademark Office, you should use the Registered ® symbol.

Government Contracting/Procurement

Federal and state government agencies purchase everything from computers and vehicles to cookies and coffee from small businesses. Businesses interested in selling to federal government agencies must register with Central Contractor Registration (CCR) at http://www.ccr.gov. Government agencies search this database to find suppliers of the goods and services they need. 

To sell to Idaho state government agencies, you must first register your business at http://www.sicomm.net/. Then, you can access bid opportunities at http://www.adm.idaho.gov/purchasing/bidopportunities.html. For information about the State purchasing process, visit http://www.adm.idaho.gov/purchasing/epurchasinginfo.htm.

Women and minority-owned businesses may have preference in bidding on certain contracts through the various Federal agencies' Offices of Small and Disadvantaged Business Utilization (OSDBU). To find a listing of all Federal Offices of Small and Disadvantaged Business Utilization (OSDBUs) visit http://www.osdbu.gov/offices.html

Grants

In a nutshell, there are very few grants if you want to start or expand a for-profit business. Despite what you may see or hear, once you sift through the hype, only a few grants (with many restrictions) are available for starting or expanding a for-profit business. Most grants are available to non-profit organizations (human services agencies, churches, museums, etc.) to expand their work or to fund special projects and activities. Grants are also available to communities for job creation in economically depressed areas, building infrastructure (highways, bridges, etc.) and creating or expanding community-related programs. 

Many grants conferences and books are scams. They say there is free money, and there is, but not for a for-profit business. The Better Business Bureau Web site contains a warning about grant scams that target for-profit businesses at http://www.bbb.org/alerts/article.asp?ID=579. For information on another grant scam, visit this Web page to read an article that appeared on MSNBC.  The article talks about the State of New York's investigation of a well-known grant "opportunities" promoter. You do not need to purchase books or pay for help in locating legitimate grant opportunities. The information is available for free on the Internet and at many libraries.

SBIR/STTR Grants: With few exceptions, the only grants available to for-profit start-up businesses are SBIR and STTR grants (Small Business Innovation Research and Small Business Technology Research). If you have invented an innovative product that will serve the national interest, you may qualify for an SBIR or an STTR grant to help you develop it. Your local Small Business Development Center can help you with this process and the service is free. Check out SBIR and STTR programs at http://www.idahosbdc.org/index.cfm?fuseaction=content.view&page=22 or visit these Web sites:

Grants for Innovation: If you own an existing for-profit business (not a start-up) that is engaged in the development of new technologies or processes or one that uses natural resources in an innovative way, you may qualify for a grant to develop your technology. To find grant opportunities, visit the Web sites listed below.

Non-profits: If you are a non-profit organization, these sites will be helpful:

Other Programs: Special business assistance programs for women, minorities, veterans, the disabled, and others are available, but these are usually for low interest loans, government contracting opportunities, and other types of assistance. They are rarely for free grant money.

Your business may qualify for tax incentives, or tax credits, for certain business activities, such as creating new jobs in an economically depressed area or bringing broadband to rural communities. The incentives are offered at both the state and federal levels. Information on State programs can be found on the Idaho Department of Commerce Web site at http://commerce.idaho.gov/business/incentives.aspx. To learn more about federal tax incentives that may be available to your business, do a search using the Resource Wizard on this site.

The Idaho State Treasurer in cooperation with the Small Business Administration and the banking community offers the Idaho Prime Loan Program. This is a low-interest loan program, not a grant, that is available to qualified small businesses. For information, visit http://sto.idaho.gov/Programs/IdahoPrime.aspx.

Loans for energy conservation programs are offered through the Idaho Office of Energy Resources. For information, visit http://www.energy.idaho.gov/loans/. The agency also offers a Biofuels Infrastructure Grant program available to Idaho fuel retailers who are interested in adding the necessary infrastructure to sell biofuel products.

Zion's Bank occasionally offers "Smart Women Smart Money" grants. The grants are for $3,000 or less and must focus on one of the following areas:

  • Community development
  • Continuing education and teacher support
  • Child and elder care
  • Health and human services
  • Arts and culture

Past winners include a 12 year-old girl. Applications are currently being accepted through July 31, 2008. For information, visit http://www.zionsbank.com/swsm_grant.jsp?cid=2376.

To get the truth about grants and loans, talk with a counselor at the Small Business Administration, the Idaho Small Business Development Center, or SCORE. Contact information for each organization is listed in the Business Assistance section of this site. A counselor will help you figure out how to best fund your business. Their services are free.

For more information about grant scams, visit the Scams & Schemes Hot Topic on this site.  Also visit the Federal Trade Commission's Web site at http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt134.shtm.  The FTC files fraud charges against companies that conduct grant workshops and those that advertise that they can provide grant information for a fee.

For information about obtaining a business loan, see the Loans section below or do a search on the Resource Wizard.

Home Business

Home-based businesses must conform to special regulations in addition to the regulations concerning the type of product or service offered. For example, you may need a Home Occupation Permit and/or a Conditional Use Permit to comply with city or county zoning regulations. Your county assessor’s office may collect personal property taxes on your leased or owned business furniture, equipment, and software. 

To find out about the various requirements, go to the Business Wizard and in Section 2 select the categories that apply to your business. Also select Home Business. Your Checklist will give you a combined list of regulations. 

Be sure your business can comply with the regulations of your city, county, and/or homeowner's or neighborhood association before you decide to open it in your home. If you rent your home or apartment, check your lease agreement to be certain you are allowed to operate a business from your home. If you live in a condo, check your covenants to find out if you can have a home-based business, particularly if clients will come and go.

Requirements for Home-based Businesses: To qualify as a home-based business, the business must be operated by a full-time resident of the home, not an employee. The business must be a secondary use for the home; the primary use must remain that of a residence. The business cannot change the character of the home from that of a residence. The business must also conform to local health, safety, and fire codes. (This is particularly important if you plan to care for children or prepare food that will be sold to the public.) If you live inside city limits, you may be required to conduct all business activities inside the home, not in a yard, garage, or outbuilding. You will also have to comply with regulations concerning signage, traffic, number of employees, parking, noise, and air, water, or soil pollution. You may not be able to store large quantities of supplies or materials in a yard, garage, or outbuilding.

If you plan to sell food prepared in your home, you will need to install a commercial kitchen in a separate area away from your home kitchen. The kitchen must be inspected annually and licensed by your regional health department.

If you don’t contact the agencies that govern home businesses, they will contact you and you may have to pay taxes and possibly fines for the months or years you were in business before they located you. If your business does not comply with zoning regulations or is operating without a conditional use permit (if required), you could be forced to close the business on very short notice.   

Employees: Your city or county regulates the number of employees your home business can legally have and the number of vehicles they can park at your home or on a public street. You will be required to display employment-related posters in your home office or shop. You must also carry workers compensation insurance on employees and pay unemployment taxes, both federal and state.

For in-depth information on employee-related issues that may affect your business visit the Employer Issues section of this Web site.

Tax Issues: If you are considering taking a tax deduction for your home office, check with an accountant first. Some rules regarding recovery of expenses may not be in your best interest. For instance, if you take a deduction for a home office, you will not be able to use your office area or your office equipment, including computers, for any purpose other than business. When you sell the house, you must pay taxes on the portion of the house that you deducted in previous years and this can be expensive.

If you are thinking about writing off hobby expenses as a business, check with an accountant first. You will need to prove that your hobby is really a business and it will have to make a profit.

As a small business owner, you will need to pay taxes on the profit from your business. You will also need to pay self-employment taxes and you may need to pay quarterly estimated taxes. For information on tax issues that may affect your business, visit the Taxes section of this Web site. 

For information on Social Security requirements for the self-employed, visit http://www.ssa.gov/pubs/10022.html.

Financing: Home-based businesses sometimes find it difficult to secure loans, particularly for start-up financing. Banks generally limit start-up funding to 50% of what you need. You might use savings or loans from family and friends to finance the balance. To apply for a loan you will need to have a good personal credit rating and a well-written business plan. You will be asked to provide collateral as security for the loan. This may include pledging your home, a vehicle, or other personal assets. Interest rates and repayment requirements vary by bank.

Insurance: You will need to insure your business regardless of where it is located. Check with your homeowner’s insurance agent or an insurance agent who writes policies for home businesses. Not all types of home-based businesses are covered by homeowner's insurance, particularly if your primary activity, such as house painting, does not occur at your home. If your homeowner's insurance will cover your business, you may need to add additional coverage to cover business equipment, inventory, or a business-owned vehicle.

For information on other types of insurance you may need, such as workers' compensation, visit the Insurance section of this Web site.

Security: Consider protecting your security and privacy by using a mailing address that is not your home address. It is important to have checks and financial information sent to a post office box or another secure location, rather than leaving them in a mail box where they could be stolen. If you receive or send a large number of packages, neighbors may complain about the frequency of delivery trucks coming and going. Using the services of a shipping center can help alleviate this problem.

Business Telephone: Do not use your home phone number as your business number unless you are certain that other family members, particularly children, will not answer the phone or will answer it in a professional manner. Do not use a cell phone as your primary business phone unless you have no alternative (such as a sales rep or a real estate agent who is rarely in the office). If you use a cell phone, you may have difficulty listing your business in your local phone directory and in the Yellow Pages. You will also not be listed in the Yellow Pages if you use your home phone number as your business phone number. You must have a separate business phone line.

When you are unavailable, clients need a way to leave a message. Voice messaging, available from your telephone company, is inexpensive and allows callers to leave a message when you are on another call (which they can't do if you use an answering machine). With voice messaging you can also access messages when you are out of the office or even out of the city or state.

Zoning: Before opening a business in your home, be sure to check with your city or county planning and zoning department to find out if you can legally do so. For instance, you may not be able to operate a construction business from a private home if you park trucks and equipment around the home or employees come and go. If you are operating the business in violation of zoning regulations and someone complains, your business could be closed without notice.

Client Meetings: If zoning regulations, your homeowner's association, or apartment complex do not allow clients to come and go from your home, or if you have young children, an unruly pet, or another distraction, you may need to meet clients at another location. The best solution is to meet the client at his or her office or home. If that is not possible, you may be able to rent temporary meeting space in an office complex, library, or another facility. Depending on the nature of your business and the formality of the meeting, you may be able to meet at a coffee shop or another public place.

If you cannot meet clients at your home office, or you don't want to deal with interruptions caused by unannounced visitors, do not list your address on your business cards, Web site, or in advertising materials. Instead, list your phone number and say "By appointment."

CAUTION - If you are starting a home business in response to an ad about earning money at home, BEWARE! Before you pay any money, check out the links under our Work-at-Home Schemes and Scams & Schemes hot topics. Work-at-home scams are among the worst and the most prevalent. Meet with a counselor at the SBA or your nearest Idaho Small Business Development Center before you send any money. You will find them listed under Business Assistance, Business Formation and Expansion.

The following articles from Entrepreneur magazine and Business.gov cover numerous topics related to operating a home-based business: http://www.entrepreneur.com/homebasedbiz/index.html
http://www.business.gov/guides/home-based/

Invention Assistance

To find information on inventing, product development, commercialization, inventor fraud, and more, visit http://www.idahosbdc.org/index.cfm?fuseaction=content.view&page=16 or visit the Links section of this Web site by clicking on the tab above. Contact the organizations listed that offer unbiased help. There are many and most are free. Also visit the Web sites that provide information on Invention Fraud and be sure to contact a patent attorney. You will need one eventually, so do it early in the process. For further assistance, contact the Small Business Development Center office in your area.

CAUTION - Before giving money to anyone to help you with your invention, check with the many government and non-profit organizations that provide free, unbiased help. Many scams prey on trusting inventors. They often want money up front to evaluate the patentability of your invention, then more money to help you develop a prototype, evaluate the market, file for the patent, etc. You may get little or no real help from these organizations. They may be reluctant to give you qualified references of inventors who used their service with success as well as inventors who used their service with no success (even harder to get). They often provide no strategy for commercializing your product (taking it to market). If they do file for the patent, the application may be weak and not provide the protection you need. If they don’t produce any results for you and you want your money back, you may need to take them to court, and that can be a long and costly process.

Loans

Many businesses are financed with a loan. Banks and numerous private organizations offer loans for everything from the purchase of a business to equipment leasing to factoring (a loan against accounts receivables). Family and friends may also be willing to lend money to help you get started.

Small Business Administration Loans - If your business meets the criteria, you may qualify for an SBA-guaranteed loan.  The SBA does not lend money.  Rather, they guarantee loans to qualified individuals through participating banks. To find out if you qualify, talk with the loan officer at your bank or visit http://www.sba.gov/services/financialassistance/eligibility/index.html.  
Additional information about SBA programs is available on the Business Assistance section of this Web site.  

Patriot Express - In 2007 the SBA created the Patriot Express Pilot Loan Initiative for veterans and active duty members of the military community wanting to establish or expand a small business. Ask your banker for details or visit http://www.sba.gov/patriotexpress/index.html.

Idaho Prime Loan Program - The Idaho State Treasurer in cooperation with the Small Business Administration and the banking community offers the Idaho Prime Loan Program. This is a low-interest loan program available to qualified small businesses. For information, visit http://sto.idaho.gov/Programs/IdahoPrime.aspx.

Energy Conservation Loans - Loans for energy conservation programs are offered through the Idaho Department of Water Resources. Information is available at http://www.idwr.idaho.gov/energy/loans/default.htm

To find banks and other loan providers in your area, do a search of the Resource Wizard on this site.

Non-Profits

Non-profits are regulated in much the same way as for-profit businesses. This site is targeted to for-profit businesses, but you can find useful information by going through the Business Wizard and answering the 4 questions about your business. The information will be particularly helpful if you have employees or use the services of independent contractors.

To be classified as a non-profit, a business must obtain approval from the Internal Revenue Service. The process can be expensive and time-consuming and not all business activities qualify for non-profit status. Your attorney can help you with the details and file the application for you. For information on applying to become a non-profit, visit http://www.irs.gov/charities/index.html.

The Idaho Non-profit Development Center offers much information for non-profits. The Center can help with creation of a board of directors, volunteer recruiting, fund raising, writing your by-laws, creating a Web site, financial recordkeeping, and other issues. Their Web site can be found at http://www.idahononprofits.org/

If you are thinking of starting a non-profit organization, you can find  information on what you need to do at http://www.idahononprofits.org/ResourcesResearch/HowtoStartaNonprofit/tabid/73/Default.aspx 

The Idaho Law Center publishes the "Handbook for Idaho Nonprofit Corporations," a helpful booklet that explains the laws concerning non-profits. To obtain a copy, contact the Idaho Law Center at 208-334-4500.

Scams & Schemes

Many scams and schemes prey on people wanting to start a small business. Among them are:

The following organizations offer assistance in dealing with scams and schemes:

Substance Abuse in the Work Place

The U.S. Department of Labor maintains a Web site, "Working Partners," to help employers address the issues of drug and alcohol use in the work place and to assist in creating employee policies on substance abuse. The site is located at http://www.dol.gov/workingpartners/welcome.html

Tax Payer Identification Number

All businesses must have a tax payer identification number. If your business is a sole proprietorship with no employees, you may be able to use your Social Security Number. If you have employees or do business with corporations or government agencies, you will need to obtain a Federal Employer Identification Number, which will be your tax payer ID number. Your bank may also require that you have an EIN for account identification purposes. For information on obtaining an EIN visit the Internal Revenue Service's Web site at http://www.irs.gov/businesses/small/article/0,,id=98350,00.html.  There is no cost to obtain an EIN and the process is easy.

If your business offers employee health insurance, you will need to use a National Standard Employer Identification number for electronic claims reporting. The Department of Health and Human Services recommends that businesses use their Federal Employer Identification Number (EIN) as their health insurance identification number. For information, visit http://www.cms.hhs.gov/EmployerIdentifierStand/


Venture Capital

Finding venture capital seems like the answer to many small businesses' funding needs. And it may be if you have a solid business plan, a track record in your industry or a related one, a qualified management team, and you don’t mind giving up a piece of your business and having someone watching over your shoulder.

To find a venture capitalist, check with your banker, attorney, or accountant.  They can recommend a company that specializes in your field and arrange an introduction. (Most VCs don't like cold calls.)  Most venture capitalists prefer companies in rapidly growing industries, such as high technology or bio-technology. Even then, only a small percentage of businesses (less than 1%) qualify for venture capital funding.

Venture capital funding is also a fertile field for scam artists. They may ask for a sizeable up-front fee to review your business plan with no assurance that they will fund your business. Before you make a commitment, do some research on the VC firm. How long have they been in business? How large is their investment fund? Who are their partners? What is their expertise? Get a list of investments they have made in the past. Check the references. Do they have a Web site? What equity percentage of your business do you have to give them? Did you find this VC firm through legitimate sources (attorney, accountant, banker)? Call the chamber of commerce and the Better Business Bureau in the community where they are located and ask about them. Contact the Attorney General’s office in the state in which the business is located and ask for information about the company.

An online Venture Capital Resource Directory can be found at http://www.vfinance.com. The site matches investors with businesses seeking venture capital. Another site that also matches investors with entrepreneurs is Active Capital, formerly known as ACE-Net. Their Web site is located at http://activecapital.org.

Women, Minorities, Veterans, Disabled 

Special business assistance programs may be available to businesses that employ or are owned by women, minorities, veterans, or the disabled. For assistance in locating a program, contact your nearest Idaho Small Business Development Center office. 

If you are a veteran or active duty military, you may qualify for the Small Business Administration's new Patriot Express pilot loan program. For information see Loans above.

Numerous government contracting opportunities are also available.  Some of them can be found in the Links section of this site. Others can be found by doing a search on the Resource Wizard on this site.

Work-at-Home Schemes

We have all seen the ads on telephone poles, in the classified section of newspapers, and on late-night TV. They sound so promising, so easy. In reality, many are scams. Among those are envelope stuffing, jewelry assembly, multi-level marketing, and medical billing or claims processing. Before you invest any money or get your hopes up, check it out. Visit the Web site of the Federal Trade Commission at http://www.ftc.gov/bcp/edu/pubs/consumer/invest/inv14.shtm or http://www.ftc.gov/opa/2005/02/bizoppflop.shtm. For information in Spanish, visit http://www.ftc.gov/bcp/conline/spanish/invest/s-homewrk.shtm

The Better Business Bureau's Web site contains information on work-at-home schemes at http://www.bbb.org/alerts/article.asp?ID=436

The U.S. Postal Service will file postal fraud charges against those who perpetuate fraudulent work-at-home schemes. For information, visit http://www.usps.com/postalinspectors/fraud/workhome.htm.

Also visit the Web site of Work-at-Home-Moms Undercover at http://www.wahm.com/under.html. This site investigates and reports on work-at-home opportunities, the good and the bad.

Before accepting a work-at-home "opportunity," talk to a counselor at the Small Business Administration or the Idaho Small Business Development Center. They are listed under Business Assistance, Consulting and Counseling on this Web site. Talk to your local Better Business Bureau. Also visit the Scams & Schemes topic above.


Zoning Compliance

Every city or county has zoning regulations with which your business must comply.  Don't sign a lease or a purchase agreement until you first check with your city or county planning and zoning commission to be certain that you can legally operate your type of business in the area you have chosen.  Zoning laws prevent certain types of businesses from operating in certain areas. For instance, you would not be able to build a convenience store in an area that is zoned for agricultural use, nor can you operate a construction business in a residential area. 

If you open your business in violation of zoning regulations, you can be immediately shut down when planning and zoning inspectors find you or when a neighbor complains and it may be difficult to terminate the lease or purchase agreement.  

Home-based businesses must also conform to zoning regulations.  More information on this topic can be found under Home Business above.

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