Do I Need a Business License? Business License FAQs

A business license is a legal authorization granted by a state, federal, or local government, giving a business owner the right to operate in their jurisdiction. If you have a small business or are starting a new business, you should look into the business license requirements in your area.

Business License FAQs

1

How do I get a business license?

The easiest way to get a general business license in a state is to set up a corporation or limited liability company (LLC). Not only do you get permission to operate your business in that state, but the business entity shields the business owner's personal assets from any business claims or lawsuits. The approval of your certificate of incorporation or certificate of organization is effectively your state license. When your state gives you a certificate number, that is your business license number.

However, if you have a sole proprietorship, you apply for a local business license for your county and/or city. Contact your local jurisdiction, often a city or county business license department, for an application and information on license fees.

2

How do I get a business license for an online business?

The process for a business license for an online business is the same as for any other business. If you form a corporate entity such as a corporation, limited liability company (LLC), partnership, or professional association (PLLC) with your Secretary of State, your corporate filing becomes your business license in the state. As a sole proprietor, you apply for a business license with your local county or city.

Check with your local county and city to see if they require additional business licenses or permits. For example, if you sell goods online in your state, you may need to apply for a seller's permit or a sales and use license. And if you sell to people in other states that charge sales tax, you may need a seller's permit from those states.

3

How do I get a business license for a home-based business?

A home-based business is similar to any other business in terms of a business license. You can apply for a corporation, LLC, or other business entity with the Secretary of State's office. Your certificate from the Secretary of State is your business license. Depending on your business, you may need additional licenses or permits from your local city or county. And as a home-based business, you may need approval from your homeowner's association (HOA).

4

What is the difference between a business license and a permit?

business license is government authorization for conducting business in that state. You may also need to register for a city or county license. A business license is a general license. A permit, on the other hand, is a more specific granting of permission to operate a particular type of activity within your business.

For example, under a business license for ABC Enterprises, LLC in California, you could consult, sell goods, manufacture a product, and conduct any business activity in the state. But if you wanted ABC Enterprises to operate a car detailing business in California, you would apply for a general business license with the state and apply for a local business permit in the county to operate as a car detailing business.Text Placeholder Step 4

5

What are the requirements for a business license?

A business license application typically asks for information about your business operations and how to contact the business owner. For an application, you may need the following:

  • The business name and DBA (if applicable)

  • The name and contact information of the business owner

  • A tax ID number, which could be an Employer Identification Number (EIN) if a corporation or LLC or a social security number if a sole proprietor

  • A business address and contact phone number

  • The type of activity the business will perform

There will also typically be a license or application fee that goes along with your business registration.

6

How do I renew my business license?

Generally, business licenses are renewed annually or every two years. Check with your state and local city and county regulatory agencies to determine the filing requirements and any business license tax, state tax, or renewal fees due. Many governments have online business license renewal portals to accept renewal applications and payments.

7

What other licenses and permits do I need?

Depending on your business location and type of business, you may need to apply for other licenses and permits. Some examples include:

  • Seller's Permit: If you sell goods to the public, either from a store or online, you must collect sales taxes and remit them to the taxing authorities. A sales permit is also known as a Sales and Use License. If you have a seller's permit, you may also need to file a gross receipts tax on sales proceeds. However, if your sales are under a specific threshold, your business may have an exemption from the tax.

  • Specific Industry License: If you sell food in a restaurant or from a food truck, there are additional permits, inspections, and requirements. Contact your local health department for the rules that may affect your business.

  • Professional License or Occupational License: If you are a doctor, lawyer, electrician, or hairstylist, you may need a professional license to work in that state. More and more industries are regulated, so check to see if you need an additional certification or license.

  • Federal License: You may need a license for certain business activities regulated by the federal government, such as selling alcohol or firearms. Check with the SBA's list of federal agencies for license requirements.

  • Certificate of Occupancy: If you have a business open to the public, such as a restaurant or hotel, you need a certificate of occupancy showing your building is up to code. This is a local license.

  • Zoning/Home Occupancy: There may be local zoning rules and ordinances for home-based businesses. Contact your local city and county business license agencies for requirements and applications for your home-based business.

  • HOA Approval: If you operate from home, you might need permission from your homeowner's association (HOA).

8

What happens if I don't have a business license?

Operating a business without a license can have significant consequences, including fines, lawsuits, and business closures. These consequences could damage your personal and professional reputation. You may also be unable to obtain business insurance, putting your operation at risk.

If you need help with determining what business licenses and permits are required for your business, contact a local business attorney.

A business license is essential for legally operating a business, whether it's a small, online, or home-based venture. To obtain one, you typically need to register your business entity, such as a corporation or LLC, with your state's Secretary of State or apply for a local license if you're a sole proprietor. It's crucial to check local requirements for additional permits and renew your license regularly to avoid fines or business closure. Taking these steps ensures your business operates legally and protects your investment.

 

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