Posted by BrendaTx on 8/22/08 7:57pm
Msg #261332

Business Licenses - who needs them?

In my area you don't need a business "license" to operate a d/b/a. I had a Know-It-All-Notary (KIAN) tell me that I better get with the program and get squared up to have one...of course, she lived five states away from Texas but KIANs have a deep need to be helpful (ahem, controlling and meddlesome) to others.

Who on this board needs a business license to operate?

What I have to have is a DBA filed with the county clerk's office or to use my own name.

Anyone care to share what they have to do in their state?

Henry Davidson's suspended entity made me think of this.

Reply by Linda_H/FL on 8/22/08 8:06pm
Msg #261335

I have a business license - it's a county requirement...

I'm not a d/b/a, Corp, Inc or LLC though...just me, Notary Public...

Reply by Linda_H/FL on 8/22/08 8:07pm
Msg #261336

Oh..and in addition...I can't conduct business on my

property because of the zoning...

Reply by BrendaTx on 8/22/08 8:08pm
Msg #261338

Yep...Zoning or Restrictions are important little things to

worry about, too.

Reply by Julie/IL on 8/22/08 8:19pm
Msg #261339

Re: I have a business license - it's a county requirement...

We chose to file with the county clerk for d/b/a, however it is not a requirement. Up until that point we were just Notary Publics.

Reply by Becca_FL on 8/22/08 8:19pm
Msg #261340

In my county, any home operated business is suppose to have a business license. That being said, the first time I went to the tax office to obtain a county business license, the woman I was dealing with told me "You don't need a business license to be a notary." I explained to her what I was doing and she said it again. I held a license for three years, but finally got tired of the lady in the tax office laughing at me while she collected her $37.50. I will be getting a license for my wedding biz in September. In my county, they will not prorate the annual fee that runs from September-September the next year.

Reply by jba/fl on 8/22/08 8:24pm
Msg #261342

I was told the same as Becca -

Reply by Linda_H/FL on 8/22/08 8:40pm
Msg #261348

Not my county ...

"I went to the tax office to obtain a county business license, the woman I was dealing with told me "You don't need a business license to be a notary." I explained to her what I was doing and she said it again. "

When I called to see if I needed one they said "absolutely"...when I went in they not only took the info but also questioned me as to exactly what I did AND where I did it. They also checked my zoning so they could advise me that I couldn't conduct business here (which I already knew and never intended to do anyway..)\

BTW...my license is only $22....<G>

Reply by Linda_H/FL on 8/22/08 9:37pm
Msg #261354

Woops..."couldn't conduct business here"

should be "couldn't conduct business on my property"...hehe..

Reply by Becca_FL on 8/22/08 9:45pm
Msg #261355

I think it has more to do with tax base in Florida...

then anything else. I live in a county that has consistently ranked in the the top three highest tax revenue collecting counties after Lee and Palm Beach. I think they just don't care and don't want to be bothered.

Reply by NJ_Notary on 8/22/08 11:00pm
Msg #261373

And I thought NJ had issues lol Thanks Becca you just made me feel slightly better about NJ LOL

Reply by PAW on 8/23/08 9:16am
Msg #261395

In FL, a NOTARY does not need a business license

Since a Notary Public is a commissioned state officer, though not explicitly exempt by F.S.A. Chatper 205, no business license is needed in most, if not all counties in FL. However, we do lots more than just being a Notary. Therefore, many counties and cities in Florida require business licenses or occupational permits of some sort (pursuant to Chapter 205) because we are more than just a notary.

Reply by Becca_FL on 8/22/08 8:27pm
Msg #261344

Oh, and...

Fictitious names are filed with the state and only necessary if you choose a business name that does not include your name.

Reply by LKT/CA on 8/22/08 8:29pm
Msg #261345

This question is for anyone reading: I have a "friend" <wink> that has an LLC from Delaware but lives/does business in California, DBA as Her Name, Notary Public. This "friend" wants to know if she needs to file a Qualification Order or is the fact that her commission grants her the right to do business as a Notary Public enough?

Let me know so I can tell my "friend".

Reply by BrendaTx on 8/22/08 8:37pm
Msg #261347

Dang...that's a deep question for your "friend" to get an

answer to. I don't have a clue.

Reply by John_NorCal on 8/22/08 10:39pm
Msg #261371

Not sure what you mean by a "Qualification Order" but the fact that your "friend" has a Delaware corporation does not exempt her from California corporate taxes. California charges LLC's and corporations a minimum of $800.00 per year. Your "friend" probably intended to shield herself from liability, but as any "Philadelphia" lawyer will tell you, there is little protection afforded to a personal service operation like a notary or signing agent. Speaking from a tax perspective incorporating will afford benefits as far as retirement planning goes, whether your "friend" has that type of volume to warrant incorporating is another matter. She should also be aware that the FTB is setting their sights on people who do as she has done. They want their pound of flesh!

Reply by Michelle/AL on 8/22/08 9:15pm
Msg #261350

I hold a business license

I live in Huntsville, Alabama and in the county of Madison. I have both a city license and a county license. I was required to meet with some city official - it was a 15 minute meeting - in order for him to approve me working from my home. According to the county clerk, since I'm doing more than notary work I must have a license. Next year I plan on verifying whether I need a license for each of the counties where I frequently conduct business (signing and inspections).

Reply by JulieD/KS on 8/22/08 10:27pm
Msg #261368

In my current city (Overland Park) I don't need a business license to have a home-based business. In the city I used to live in (Lenexa...four miles west of where I am now) I did have to have a business license. It cost me $25 a year.

Reply by John_NorCal on 8/22/08 10:45pm
Msg #261372

In California a fictitious business name (d.b.a.) filing for an individual or partnership is done at the county clerks office. The filing will protect the name from use by others for 5 years, however that protection is only in the county where filed. A corporations name is filed with the Secretary of State. Business licenses are required by individual cities/and or counties and they are usually required for home businesses. Depending on the type of business there might or might not be zoning regulations to contend with.

Reply by Dennis D Broadbooks on 8/23/08 5:38am
Msg #261386

It Depends on Where You Live...

...& whether there are county or city ordinances which govern business activity from your home. I reside in the City of Wildwood which requires me to obtain a business license for what I do. The cost is only $25.00 per year.

Reply by BrendaTx on 8/23/08 6:54am
Msg #261387

Thanks everyone...

It's been awhile since I saw that discussed. Awhile back it used to be something that was talked about quite a bit.

Reply by Doris_CO on 8/23/08 1:03pm
Msg #261447

I have another question to add to this. Whether you have a business license or not, but especially if you do, are you required to pay a sales tax (for those areas that have a sales tax) on the part of your service that isn't a notary fee?

Reply by PAW on 8/23/08 7:50pm
Msg #261505

Here, if you are a retail merchant, selling material goods, then the state, county and possibly city sales taxes must be collected at POS and submitted. Services are not usually subject to sales tax in FL.

Business information for Florida businesses can be found on the Florida Department of Revenue's website (http://dor.myflorida.com). They also have a 'owner's guide' for new business owners in Florida that covers things like taxes. Every NSA in Florida should have a copy of this. (http://pawnotary.com/documents/Florida_Business_Owner_Guide.pdf)

Reply by Michelle/AL on 8/23/08 10:43pm
Msg #261530

No Sales Tax

In Alabama, no sales tax for the services we provide as signing agents. Our license fees aren't cheap though. I'm too sleepy to get up and look to tell you what it is but it's more than $25/year.