Jack A. Coleman Jr.

Certified Public Accountant

Palestine, Texas

903-723-6064

 

Starting a New Business

 

General Recommendations for Setting Up Your Business

 

All these elements should be addressed in your BUSINESS PLAN

 

·        Organization

o       Consult with your lawyer for advice and creation of a Texas legal entity (L.L.C., Inc., Ltd, P.A., P.C. or similar entity)

o       Complete a request for Taxpayer Identification Number, Form SS-4 online at www.irs.gov.  A number will be assigned online and a CP-575 letter issued as an online document.  IMPORTANT:  Save the pdf file and print extra copies!  The CP-575 letter is the equivalent to a social security card.  It is frequently requested as proof of identity.  Retain it as a permanent business document in a safe place.

o       Open a bank account (minimum opening deposit of $1,000 to comply with minimum capitalization requirements).  This cannot be done without the corporation showing up as a registered entity in the Texas Secretary of State’s website and the IRS-issued Taxpayer Identification Number Assignment Letter, Form CP-575.  Don’t order checks from the bank if you plan to use QuickBooks.  You will need voucher checks to avoid duplication of bookkeeping work.

o       Consider the election to be treated as a small business (S) corporation.  File IRS form 1023 to make this election.  The form is available at www.irs.gov  LLCs cannot make this election unless there is an entity classification election to be treated as a corporation for tax purposes (IRS form 8832) made in advance of the S election.

·        Business or Occupational Licenses and Taxes

o       Some business occupations require licensing and the payment of occupational taxes or fees.  Discuss these requirements with your attorney, accountant, or the appropriate licensing agency.

·        Accounting Controls

o       Accounting Controls should be a consideration from the onset of developing the business. 

o       Any good accounting control system will be designed to do four basic things:

1.    Protect assets to make sure that the inventory, equipment, computers, buildings, and cash of the business are used as the owner(s) intended.

2.    Produce reliable accounting information to make certain that the accounting and business information systems provide the owner with information which can be trusted and relied upon.

3.    Promote efficient operations to help the owner and the employees make the best use of time, money, information, and the other resources of the business.

4.    Require adherence to company policies to make it difficult to “beat the system” by not following the owner’s rules and directions for running the business.

 

Basic Tools to Set Up A System Of Accounting Control

 

o       Establish responsibilities

o       Maintain adequate records

o       Insure assets and bond key employees

o       Separate recordkeeping from custody of assets

o       Divide responsibility for related transactions

o       Apply technological controls

o       Perform regular, independent reviews or audits of the information contained in the financial records.

 

Remember:  The more removed the owner of a business is from its operations, the greater the need for accounting controls and the ability to acquire independent verification of information contained in financial records.  If something does not fit the expected pattern, then ask for an explanation. If the explanation is logical and reasonable, leave it alone. If the explanation is not logical or reasonable, then investigate further. Further investigation will confirm the logic or reasonableness of the information or point to the need for more detailed information.

 

·        Bookkeeping

o       Use QuickBooks!

o       Create the simplest chart of accounts as possible modeled after the tax reporting form requirements.  Modify the accounting system once specific information requirements are identified.

o       Use pre-printed voucher checks.  Manually preparing checks and later entering them in QuickBooks doubles the work and the chances for error. 

o       Use pre-printed deposit slips

o       Automate as many payments as possible.

o       The officers and directors of a corporation are responsible for ensuring the corporation’s accounting practices are maintained in a proper and timely fashion.

·        Payroll

o       Pay “reasonable” salaries

o       Payroll tax filing and deposit requirements may be found in IRS Publication 15 or on the IRS website. Make payroll deposits via EFTPS www.eftps.gov  The EFTPS application may be completed online.

o       File quarterly reports. 

o       File a Texas Workforce Commission Status Report with your first quarterly report.  File the first report with the Tyler or Longview Field Offices.  File all future reports online via the Texas Workforce Commission website.

o       Warning: The 100% penalty.  If your business fails to pay over withheld taxes, the persons responsible for payment of such taxes or those with the capacity to cause the payments may be held personally liable.  This includes officers, managers, bookkeeper, or any person whose name appears on the bank signature card.  Pay your payroll taxes on time, every time!

  • Data Security
    • Routinely back up your business data
    • Verify the backups will restore
    • Set rules about personal use of business computers and restrict downloads

 

General Disclaimer:  This web document does not represent the consulting work product of an accountant or attorney. The information in this document is a generalization of the processes relating to the creation of a new business entity.  The organizational type, entity form, and filing requirements vary among the different options available.  Consult with your attorney and certified public accountant before making decisions relating to entity form, regulatory requirements, tax elections, and other requirements IN ADVANCE of making any filings with any governmental agency.