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Guidelines for a Home-based Business

These guidelines are provided by toerings.com as general information to you to help in setting up a new business. States vary in their regulations, and much of this information is based on sales tax codes for the state of Colorado. Conducting business in your own state may be subject to different codes and you are advised to contact your local Department of Revenue (DOR) for specific guidelines.

Choose a topic or scroll down the page:

  Who must have a sales tax license? — General guidelines
  Types of licenses
  Tax deposit for new businesses
  Obtaining a sales tax license
 

Related information:

  Naming your company — trade names
  Registration
  Applications & fees
  Recordkeeping
  Other ideas
  Set yourself up
  Is it worth it?
  We can help



Who must have a sales tax license? — General guidelines

A sales tax license is proof that a business is properly registered with the Department of Revenue and is authorized to make tax-free purchases of merchandise for resale and collect tax on the sale of the merchandise. If your business sells tangible personal property, either retail or wholesale, you must obtain a sales tax license and maintain a sales tax account with the state in which you live. If you have more than one location where sales are made, a separate license is required for each location. For example, if a company has a chain of stores, each store must have a license. In addition, if a business makes sales at a location other than its regular business location, a “special event” license must be obtained. Examples of events are craft or collector’s shows. This special event license is required whether or not you have a permanent business location. An individual who makes retail sales from a private residence that total $1,000 or less in a calendar year is not always required to have a sales tax license. However, taxes on these sales must be collected and paid by April 15 of the following year on the Combined Annual Retail Sales Tax Return (DR0100A).

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Types of licenses

Four types of sales tax licenses are usually available:

  1. Standard Retail License—for businesses with a permanent location where retail sales are conducted on a regular basis.
  2. Wholesale License—for businesses that make sales only to other licensed vendors for resale.
  3. Single Event License—an individual, organization or vendor plans to conduct retail sales at a location other than the regular business location (if any). The license is valid for one event only. Examples would be a craft or collector’s show. Organizers of an event may choose to obtain a single event license and collect and remit tax on behalf of the participating vendors.
  4. Multiple Events Sales Tax License—a two-year license for those engaged in retail sales at more than one special event in a two-year period. It is more cost-effective than the single event license for vendors who plan to sell at more than one event in a two-year period.

 

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Tax deposit for new businesses

Most states require a one-time tax deposit (usually around $50) to help ensure that only legitimate businesses acquire sales tax licenses. The deposit is usually refunded to the retailer after remittance of $50 in state sales tax on the sales tax return. If your business closes for any reason before you have collected and remitted $50 in sales tax, only the amount of sales tax actually remitted to that point would be refunded. Applicants for the wholesale license, single event license, and the multiple events license are not required to pay this deposit.

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Obtaining a sales tax license

Locate your nearest state Department of Revenue. You can usually find this information in your local phone book. Most cities have a local office that you must visit in order to fill out and turn in the information. Complete a State Business Registration and pay the appropriate fee(s) when you turn in your application. Request “Instructions for Business Registration” and any materials related to starting a small business. These offices are usually very helpful and also have printed information and online booklets that can guide you through the process. You will get your sales tax number and a temporary license immediately. After DOR receives your license application, allow up to four weeks for processing and mailing. Your sales tax license must always be displayed in a visible place at the business. Notify the DOR of changes in name, address and ownership. There is usually no charge for license changes.

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Related information

Naming your company — trade names

Here’s the fun part...you get to name your company. A trade name is a name other than the full first and last name(s) of the owner(s) of a business entity, including a general partnership. For a corporation, a trade name is any name other than its true corporate name. For a limited partnership, a trade name is any name other than its true limited partnership name. For a limited liability company, a trade name is any name other than its true limited liability company name. The following are examples of trade names:

John Doe’s Jewelry Supply,

Jane Doe’s Chiropractic Clinic,

John Doe and Associates,

Jane Smith DBA Jane’s Little Piggy Toe Rings.

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Registration

All companies with trade names doing business in their state must register their trade names. Sole proprietorships (the type of business most commonly used for setting up a small home-based business with no other employees) and general partnerships must also register their trade names with the Department of Revenue. Corporations, limited liability companies and limited partnerships must register with the Secretary of State. The DOR cannot register limited partnerships or corporations, but can register sole proprietors, and general partnerships. Registration of a trade name with the DOR does not guarantee exclusive rights to that name. To trademark a trade name within your state, contact the Secretary of State. For national registration of trademarks, contact the U.S. Commissioner of Patents and Trademarks, (703) 308-9000. There is a small fee to trade mark your name.

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Applications and fees

You may register your business trade name with the Department of Revenue with a state Business Registration, the same form used to obtain a sales tax license. If you later decide on a trade name or you are applying for a trade name only, you may use the simpler Trade Name Registration (DR 0592) application form. The fee is usually $10.00 for each trade name registered. You must fill out a separate registration form for each trade name you register. Trade names of businesses with active business tax accounts are renewed automatically at no charge. Trade names of businesses with inactive business tax accounts will receive an annual renewal notice. These businesses pay a $6.00 renewal fee for their trade name.

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Recordkeeping

You must keep records of all of your business transactions to enable both you and the DOR to determine the correct amount of sales and use taxes for which you are liable. These records must include:

Complete, accurate beginning and ending inventories,

Purchase receipts,

Sales receipts,

Invoices,

Bills of lading,

All other account books and documents pertaining to the business.

If you make nontaxable sales to other retailers or wholesalers (i.e., you as an individual sell a tray of rings to a salon that has a resale number), remember to record their sales tax account numbers and demand and keep signed statements that purchases are for resale. Vendors must keep and preserve all invoices of goods and merchandise purchased for resale for three years. These records must be available for review by the Department of Revenue (Sales Tax Regulation 26-116]. Effective for all periods on or after January 1, 1999, all entries of state and local taxes on the sales tax return must be rounded to the nearest dollar. You will still collect and keep track of exact amounts of sales tax. It is only when you fill out the return (monthly, quarterly, annual, seasonal, and 13-month filers) that you round the numbers you are reporting. Books, records and statements or invoices to buyers must reflect actual tax amounts. Only the totals appearing on the tax return are rounded.

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Other ideas

With state paperwork filed, you are now able to open a checking account for your business. Most banks have a free account with a minimum of transactions per month (for instance, 5 deposits and 10 checks). Ask them for their best deal and call around! Most banks are anxious to have you as a customer. You will also find that your company will be added to several mailing lists once you file a trade name and resellers license with the state. You will receive information from banks, accountants, office suppliers, and the like. Welcome to the world of owning your own business!

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Set yourself up

Make sure that you have a comfortable area to work in. Here are some items that you should consider as a necessary expense to set up your business:

Invoice book,

Hanging files,

Calculator,

Sales tax charts,

Business cards,

Plastic organizer cases for rings.

Also take some time to do some Internet research for jewelry catalogs, suppliers, and equipment. This will get you on other mailing lists related to the industry (this applies to any industry you are interested in, not just jewelry!).

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Is it worth it?

You might be thinking that setting up your own business sounds too difficult—all the paperwork, licensing, and planning. Initially, it is a bit overwhelming, but this is the threshold that prevents many people from starting their own business. Personally, I have traveled the road and want to encourage you that this process also opens many doors of opportunity into other areas that you may have never thought of. Having a valid resale number allows you entrance into marts and wholesale shows and the ability to buy a varierty of merchandise at cost. This may open the doors to other ventures, or help you to expand the small business you have always dreamed of.

There are costs to start your business, but if you are serious, these can be very minimal. You should be able to get going in the toe ring business for under $500. Here is a breakdown of initial costs:

Sales tax deposit: $50

Trade name file: $10

Minimum order for rings: $200

Jewelry sizing wands and displays: $25

Shipping: $15

Checking account deposit: $100

Office supplies: $25

Business cards: $25

One great reward of business ownership is that you are able to write off many expenses related to your home-based business. Phone, some utilities, office space, travel, and Internet fees might all be deductible on your next tax return. Consult your accountant for more information.

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We can help

If you need some inspiration, we will be glad to talk with you personally. Email us at toerings@toerings.com or call us, 1 (877) TOE-RING (863-7464). We want to help you be a success!


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