When working
on your business, be sure to make time for administrative tasks. Many of these
tasks include filing quarterly estimated taxes. This quarterly estimated tax
depends on your total income all your sources of income including full time
jobs and businesses. This tax is also figuring FICA, Medicare and any profits
your business earns (total sales minus expenses). This applies for full time self-employment and
if you have a side business in addition to a full time job
Managing taxes is
sometimes and easier endeavor when filing as a sole proprietary entity,
especially where state jurisdictions are concerned. Limited Liability
Corporations (LLC) or other corporate entities are more complex and
administrative tasks will pull you from your primary business role. In addition
to consulting or providing other security products and services, you will have
to handle mundane but important administrative
responsibilities. So, as you form an LLC or other incorporated entity, do your
research up front. For example, I just recently converted my business into an
LLC. Red Bike Publishing, LLC has a new structure and is expected to maintain that
structure according to our state sales tax laws. Tax and business entity rules
vary according to where the business is formed as each state has its own
requirements. In my state, a business must pay $100 per year, regardless of
whether or not the business makes any money. This is called the business
privilege tax (BPT). Yes, it's a tax assessed for allowing my company to
perform business here.
Red Bike
Publishing, LLC only has to pay $100 per year because it does not exceed the
multimillion dollar sales threshold. If we did make that kind of money, we
would have to pay $200 per year or a percentage of revenue, at least that's how
the tax office justified it. Also, LLCs and incorporated business
entities must file sales taxes monthly or face a penalty, regardless of whether
or not the business actually makes sales within the state. File late and a $50
penalty is incurred. It is the business' responsibility to track sales and
collect local and state taxes. For internet businesses like Red Bike
Publishing, LLC, our sales are out of state, but we still have to file “$0.00”
or face penalties and fines.
Red Bike Publishing
as a sole proprietor did not have to worry about the BPT. But as soon as the
corporation was formed, Red Bike Publishing, LLC not only owed the tax, but
also owed two months of late fees since it took two months to get records back
from the state and set up an online tax account. By the time we filed our first
$0 sales tax return, we owed almost $200 in fines. Fortunately the state was
understanding and agreeable to waive the late fees. Another comparison is that
LLCs are also responsible for filing property tax on all office equipment and
supplies on hand; not a requirement for sole proprietorships.
When to charge
sales tax
Any time you do
business providing a service or product, you should pay sales tax to the local
and state government. However, if your business is an online business, you may
only have to pay sales tax to the local and state governments of where your
business is addressed. Since this is not one size fits all law, get advice from
your state about setting up an internet business. This is what Red Bike
Publishing, LLC has done. When we sell products online, we make arrangement to
pay state and local government sales tax for sales going to customers within
the state and local government jurisdiction where our business is registered.
Those in other states do not get charged sales tax.
As a self-employed
entity, you might be established to conduct business in state and pay the
privilege of doing business tax. Even though you might not have physical store,
your responsibility is to collect state and local taxes from local customers
and those located in state. For example,
you might be set up to sell security cameras. Customers within your state and
local area must pay sales tax. To apply appropriate sales tax, simply select
the sales tax options on your online shopping carts or other payment collection
options. Some shopping cart software will allow you to charge varying rates
based on selected zip codes. For example, for anyone in my area of zip codes
who buys my security books online, I must charge county tax, city and state
tax. Anyone from outside of the local area, but within the state, is only
required to pay state tax. Anyone purchasing from outside of the state do not
pay sales taxes.
However, if your
products also include performing a service in another state, you will have to
charge taxes for that state. For example, if you sell security cameras
installation services online, but travel to another state to do the
installation, you will have to apply the appropriate sales tax to where the
service is performed. It’s tricky to figure out, so be sure to know state tax
laws. In another example, I asked state
tax employees about providing security training in another state and whether or
not I would have to charge sales tax for that state. For example, if I travel to Los Angeles,
California to teach NISPOM training I would need to charge sales tax to
applicable students.
For those of you
experienced in self-employment, this may not be news to you. I hope this has
been a refresher. For those of you new to self employment or are contemplating
such a move, make sure you are prepared. There is a lot of opportunity for security
related business. Just make sure you do the research to avoid fines, penalties
and sleepless nights.
Jeffrey W. Bennett, ISP is the owner of Red Bike Publishing Red Bike Publishing . He regularly consults, presents security training, and recommends export compliance and intellectual property protection countermeasures. He is an accomplished writer of non-fiction books, novels and periodicals. Jeff is an expert in security and has written many security books including: "Insider's Guide to Security Clearances" and "DoD Security Clearances and Contracts Guidebook", "ISP Certification-The Industrial Security Professional Exam Manual", and NISPOM/FSO Training".
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