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Yes,
Virginia, Your Home Business Needs Permits and Licenses
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Mention
the words "permits and licenses" to home business owners and the
common response you may get is "Do I need those?" Yes, Virginia,
even work-at-home businesses need permits and licenses, depending on the kind
of your business and the requirements of your local government
by
George Rodriguez
PowerHomeBiz Staff Writer
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Many
home business owners fail to give attention to securing permits and licenses
for their business, even if required by law. A lot of homebiz owners think
that they can get away with operating a business with no licenses since no
one goes around checking to see who has a license and who doesn't. Plus,
they can operate their business conspicuously without customers coming and
going.
(article continued below ...)
If you operate without the required license, however, you run the risk of
discovery. Authorities may discover such unlicensed businesses by checking
state tax law returns and resale licenses. If caught operating your business
without the required permits and licenses, you run the risk of being fined
or worse, ordered to cease the business.
Different countries have different laws: some are stricter than others.
Before you start your business, check with your local government to know
what permits and licenses are needed by your business. Your business may be
required to have one or more of the following licenses or permits.
1. Business Licenses. Contact your
local authorities (city and county governments) to determine which special
permits and licenses are required to legally operate a business in your
area. Some requires zoning clearance permits, sign permits, and parking
permits if you expect customers to come to your place of business. Permits
in some areas are based on your type of business, which most local
governments classify as follows:
- Low-impact business - home business with little impact on
neighborhood or the business is conducted by telephone, mail, facsimile,
or computer modem; where customers are not typically received on the
premises; and where no deliveries are accepted on a regular basis.
- Moderate impact - conducts business with customers on-site;
where equipment, other than office equipment, exists to conduct the home
business; where a company vehicle and/or company trailer exist. A
moderate impact home business is a home business operated in such a
manner that the average neighbor would be aware of its existence due to
traffic, noise, or equipment.
- High Impact - This type of home business is usually not allowed
to operate within a residential neighborhood. Check also if your
municipality or city requires "home occupation permit" for
home-based entrepreneurs. In Maumelle, Arkansas for example, home
occupation permit is required only for moderate impact home businesses
(since high impact businesses are not allowed). This permit is imposed
on businesses conducted from a residential zone (any business where your
home address and telephone number is used) and the fee ranges from $15
to $200.
2. Health, fire and other special permits.
Food-related businesses are often subject to special inspections and require
a health department permit. Some states have a "commercial kitchen
law" that prohibits setting-up of a food related business in your home;
although some states like Iowa has a "home bakery provision" that
makes a distinction on commercial food businesses and small operations like
bake sales. Businesses that handle flammable materials or dangerous
materials, or those that have large numbers of people on their premises may
also be required to have a fire department permit. If you expect to
discharge any substances into the air, sewer system, or the local waterways,
you may have to obtain a special permit from agencies controlling pollution
and environmental health. Day care centers also need to conform to local and
state regulations as well.
3. Occupational permits. Most states
require special licensing, which may require a written or oral examination,
for businesses in certain categories such as:
- Occupations that involve direct physical contact with customers, such
as hairdressing, cosmetology, massage, or medical treatment
- Occupations that call for special technical expertise that may be
related to customer safety or health. Plumbing, electrical work, auto
repairs, pest control, engineering, dry cleaning, accountants, TV
repairers are some examples of home occupations that require licenses.
- Real estate agencies, insurance agencies and collection agencies also
require occupational permits.
4. Sales tax permits. Those who sell
products directly to the public usually must collect a sales tax. In
addition to state sales taxes, there are local state taxes as well. If you
sell products only to wholesalers, retailers or other middlemen, you may not
be required to collect a sales tax, but must maintain tax exemption forms.
Some states also require those who sell services to collect a sales tax;
while many states require that you pay a bond or an advance deposit against
sales taxes to be collected when you first apply for a permit. Constantly
check your state's regulations on this area, as debate on what should be
covered by a sales tax are on the forefront particularly with the growth of
e-commerce.
5. Federal licensing. Required for
gun dealership, security and investment brokers and advisers, radio and
television stations, and drug manufacturers.
About the Author:
George Rodriguez is the a staff
writer for Power Homebiz Guides.
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