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  1. #1
    SitePoint Evangelist hpal's Avatar
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    llc formation question: using the house as the business address

    Can I use my home address as my business address in the llc formation application as that is where my ofice will be located, also I'll be hiring someone else on payroll, and he will be coming to my home office once in a while to do the projects.

    Also if so will my office part of rent from the house be tax dedictable ?
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  2. #2
    Follow Me On Twitter: @djg gold trophysilver trophybronze trophy Dan Grossman's Avatar
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    You can use any address in the state that you can accept legal documents at. I would ask an accountant about how to figure what you can take for a deduction on the home office, but you can take something.

  3. #3
    SitePoint Evangelist hpal's Avatar
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    thanks.

    Also would I need any permission from the city to do busines at my house, website business ?
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  4. #4
    Follow Me On Twitter: @djg gold trophysilver trophybronze trophy Dan Grossman's Avatar
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    Guess that depends on the city.

  5. #5
    SitePoint Wizard Lil_Red's Avatar
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    Quote Originally Posted by hpal
    thanks.

    Also would I need any permission from the city to do busines at my house, website business ?
    It depends. You'd have to contact your city council and find out.

  6. #6
    Non-Member demosfen's Avatar
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    Quote Originally Posted by hpal
    would I need any permission from the city to do busines at my house, website business ?
    You don't need any special permission to run your business from home, but if you get a lot of commercial traffic that annoys your neighbors that's another thing

  7. #7
    Life is short. Be happy today! silver trophybronze trophy Sagewing's Avatar
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    Quote Originally Posted by demosfen
    You don't need any special permission to run your business from home, but if you get a lot of commercial traffic that annoys your neighbors that's another thing
    Not necessarily true, and since you don't know where the house is located your advice is reckless.
    The fewer our wants, the nearer we resemble the gods. Socrates

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  8. #8
    Non-Member demosfen's Avatar
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    When/where is it not true?

  9. #9
    Life is short. Be happy today! silver trophybronze trophy Sagewing's Avatar
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    I won't get into a debate over your anonymous home-spun legal advice again.
    The fewer our wants, the nearer we resemble the gods. Socrates

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  10. #10
    Geek of all trades ... GORF's Avatar
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    Quote Originally Posted by hpal
    thanks.

    Also would I need any permission from the city to do busines at my house, website business ?
    Basicly not permission, they like you to register as doing business as (DBA) Your Company Name at that Address in that Town/City.

    On a related note, my bank required me to register the DBA with the town before they would open a commercial checking account for me - even though I had formed an LLC.
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  11. #11
    Non-Member demosfen's Avatar
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    Not looking to debate, I come here because of my interest in legal matters.

    Off-topic - I think it might be useful to put up a sticky that asks posters to specify where they are located when asking a question

  12. #12
    SitePoint Wizard Lil_Red's Avatar
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    Quote Originally Posted by demosfen
    You don't need any special permission to run your business from home, but if you get a lot of commercial traffic that annoys your neighbors that's another thing
    Yes, you do need to verify that you can run a business from home. Please refrain from giving dubious advice.

    Zoning may not allow the business to be run from home and the individual may live in an area with a home owner's association or an apartment complex.

  13. #13
    Non-Member demosfen's Avatar
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    Quote Originally Posted by Lil_Red
    Please refrain from giving dubious advice.
    I do. I never give advice, only an opinion. Because it's a misdemeanor where I live, I don't practice law without license (can't say the same about that unlincensed female friend of our leader he appointed to sit in Supreme court )

    Off Topic:

    It's nether against the law, Sitepoint guidelines, or my religious beliefs to post something you disagree with. If I bother you, and I think I do, use the ignore button rather than trying to censor me.

  14. #14
    King of Paralysis by Analysis bronze trophy
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    Quote Originally Posted by demosfen

    It's nether against the law, Sitepoint guidelines, or my religious beliefs to post something you disagree with. If I bother you, and I think I do, use the ignore button rather than trying to censor me.
    If everyone ignored you then who would call out your bad advice and save people potential problems down the road?

    No one is trying to censor you, people are trying to ensure that others don't take bad advice from you and get burned down the road.

  15. #15
    Non-Member demosfen's Avatar
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    Whether he would be able to call out my bad advice is irrelevant, since I can't advise on legal matters due to local laws anyway. Back to topic, here is an interesting article -

    http://www.careerknowhow.com/officesurvey/outlaws.htm

    To sum it up, no victim, no crime. With web publishing I think it's unlikely to be an issue. In my building there is a man who builds furniture in his appartment, now that's a problem.

  16. #16
    Life is short. Be happy today! silver trophybronze trophy Sagewing's Avatar
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    Spew your legalese all you want. I have watched you providing advice to a variety of people on a variety of subjects, and I find your ideas to be frequently irresponsible and not necessarily in the interest of the party who asked the question. I won't debate whether you are 'legally' giving advice because I don't care, and it's just another convoluted dialog. However, I think that you most certainly DO give legal advice without basis and are dangerous to people who come here for proper advice from responsible people who are do their best to help as lay-people.

    And what's up with this? :

    Quote Originally Posted by demosfen
    http://www.careerknowhow.com/officesurvey/outlaws.htm
    To sum it up, no victim, no crime. With web publishing I think it's unlikely to be an issue. In my building there is a man who builds furniture in his appartment, now that's a problem.

    Even your analysis of that article is ridiculous. Did you read the article? I'm no lawyer but I can read and I don't see the 'no victim, no crime' message as a key point in that article.

    I think a representative quote is more like this one:

    So, what can you do to avoid run-ins with the law?

    Fighting zoning laws after the fact is costly and can destroy your business. One Maryland couple reportedly spent nearly $10,000 in legal fees and lost half their business income due to the time they spent battling zoning regulations.

    Therefore, your best bet is to find out what the regulations are before you start your business. If the regulations won't allow you to conduct the type of business you would like to from your home, find out if special permits or variances are obtainable and at what cost.
    Anyways, if you want to play lawyer you'll always find a place on the Internet to do it anonymously, unethically, and without much sensibility. Does your cute little legal disclaimer that you just put in your signature make you feel protected? It shouldn't.

    I will not accept or respect your advice and will continue to scrutinize it until you are more thoughtful and considerate towards other members.
    The fewer our wants, the nearer we resemble the gods. Socrates

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  17. #17
    Non-Member demosfen's Avatar
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    Sagewing (and all), accusations of wrongdoing are considered personal attack for the purposes of Sitepoint COMMUNITY GUIDELINES, see below (emphasis mine).

    Personal attacks, including accusations of wrongdoing, are not allowed in the public areas of the forums, even if they are well intentioned (ie, to "warn others"). SitePoint is not a place to air your grievances. If you have a dispute with somebody, please keep it in private or risk having your posts removed or being banned. Thank you.
    Please can we get this thread back on topic. Thanks.

  18. #18
    SitePoint Wizard Lil_Red's Avatar
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    Quote Originally Posted by Sagewing
    Therefore, your best bet is to find out what the regulations are before you start your business. If the regulations won't allow you to conduct the type of business you would like to from your home, find out if special permits or variances are obtainable and at what cost.
    As always, excellent and well thought out post. It's everyone's responsibility to ascertain whether they will be in violation of any regulations when running a business out of their home.

    Like the Maryland couple, finding out after the fact can be expensive and you could lose your business. It really doesn't matter if it's a web business or a tangible goods business.

  19. #19
    blonde.... Sarah's Avatar
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    Attention: Members, please remember that this is a forum for opinions and while you may find opinions useful, they don't take the place of professional legal advice. SitePoint suggests that you find professional legal help for all your legal questions.

    Please get this back on topic

    I would suggest you contacted someone in your local area for business and ask them
    Last edited by Sarah; Aug 11, 2006 at 08:11.
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  20. #20
    SitePoint Wizard bronze trophy
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    You may need to be careful just how much you try to claim off your home as a business expense - too much and you may be liable for additional taxes when you sell your home - this is the case in the UK at least. A work around is usually to never claim any room is used solely for business.

    Also be aware of insurance issues. For a start, many home policies forbid the running of a business from your home. If you have an employee working in your home, you will probably need some kind of employee insurance. You may also need to look at public liability insurance should you ever have clients visit your home - if they trip up on a rug and break their leg, you'll probably get sued.

    BTW: This is not qualified legal or tax advice, just some suggestions for you to investigate.

  21. #21
    SitePoint Evangelist hpal's Avatar
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    Just to clear things up, I found out that all the cities aroud me require a business license and city tax to operate in the city. I'm in southern california btw
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