A question from a reader, “I want to start a business in Los Angeles, is it true that I can get my first year’s licensing fees waived? Anything else I need to know, Kim?”
My answer is that yes, generally, because most first year businesses don’t make money, and even those a few years later on still may be struggling to make a profit, the City of Los Angeles generally waives or has minimal business tax and licensing issues. Be aware though that it depends on the type of business, rules and regulations, safety, health requirements – things like that which overlap other agencies. For the City of Los Angeles and business licensing I would go here and search within the site for “Business Tax license”. The only reason I didn’t link to a drill down deeper in the site is because sometimes city, county and state websites rename and change links around. I figured the City home page was a good place to get you in. Next, you need to make sure that you have any resale licenses from the State Board of Equalization. Make sure that you fill out the applications properly. That is a lead in to something else that has been happening for a year and looks to continue.
There is a program, Statewide Compliance and Outreach Program (SCOP) from the California State Board of Equalization (BOE) that is now going out and looking for businesses that sell tangible personal property in California without a seller’s permit. If you are selling anything intangible, there are still licensing and taxing issues (such as if you are a computer consultant who sells his or her expertise on a special system) but SCOP is after resellers.
Besides checking for a seller’s permit, the Board of Equalization SCOP team may require that you get any additional licenses, permits and the like that you would need for your business. For example, let us say that you have a cow and you sell freshly made milk each day. You will need a zoning permit for your moo cow, probably a bunch of health certificates as well as clean working conditions for the milk processing and your moo cow’s living evironment.
From what I have read, SCOP is going to target 8000 businesses in 7 different ZIP codes, starting with Van Nuys. Makes sense to me because of all the shops and stores there and it is reselling heaven. So after they hit the 7 Van Nuys ZIP codes they will see how things went and move on.
The audits, if you don’t have a license, will be a surprise inspection. If you have a license, you will get a courtey notice or letter prior to the visit. The BOE will be working with local law enforcement and business agencies to crack down on unregistered businesses. That means for all you Schedule C resellers that you need to make sure your documentation is in order.
While you are at it make sure you have your records for inventory purchasing in order and the standard rules of the road will apply in terms of keep a separate business account for your income from your business. If you are depositing business money into your personal account, you better have your statements from the bank ready and your sales records. You are saving your receipts for everything, too, aren’t you?
What happens if you don’t have a license and are visited by SCOP? You will get from the investigator or specialist whatever applications you need to apply for your licenses. You will have one week to file them. That is pretty generous considering you are operating in the City of Los Angeles without a license.
You can visit our good friends at the State Board of Equalization or call (800)400-7115 for more information.
Will this take off statewide? If the program goes well, you can bet your business dollar that it will be expanded throughout the State of California.
The best way to handle things from visits from the SCOP would be the same way you would handle things from a cop pulling you over on the freeway. Just show him or her your license.
So, to answer your question, the city of Los Angeles and the State of California are pretty reasonable if you are upfront and honest with them in your business planning. I would suggest though that you don’t put down that you expect to make $100,000 in sales your first year because you run the risk that the BOE might expect to see sales tax collected from that kind of projected income. You will have a lot of explaining to do if you have unreasonable business expectations. Don’t go on the super low side either. If you will be making money and they ask what your sales are, be conservative, but be honest. It makes good tax and business sense.
Hopefully there will be some positive encouraging business development news from the State of California as well. By the way, I still haven’t gotten back my State of California income tax refund yet either…
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Kim Isaac Greenblatt
SCOP is the new tax cop.