Governments at all levels impose special taxes and
"user fees" for certain types of transactions. Listed below are the
most common types of special taxes. Please peruse this list to see if you may
have overlooked any licensing or tax requirements that apply to you. Failure to
have the proper special licenses and taxes can subject you to fines, and
possibly allow the government to close your business.
If you are a corporation or limited liability company, you must file articles
of incorporation or organization along with a fee for setting up the company.
Many business owners forget that the Secretary of State wants you to keep filing
an annual report updating officers, directors and registered agents. There will
be an annual fee. Failure to pay the fee can cause your charter to be revoked.
You must file with the Secretary of State in every state you have a place of
business. The state you are chartered in will call you a domestic corporation or
company. Other states will call you a foreign corporation or company. Businesses
chartered in other countries are referred to as alien corporations or companies.
Each corporation is also charged a franchise tax. Picture this as a tax on
the right to exist. Some states base the tax upon the net worth of the
stockholders' equity section of your balance sheet (i.e. it has nothing to do
with whether you made or lost money that year). Other states base it upon the
amount of shares or stated capital authorized (whether you issued all the shares
or not).
Many cities and/or counties require licenses to conduct business. Some are
flat fees, while others are based upon revenues collected. In addition, some
occupations require state licenses. In some states, the possession of certain
state professional licenses can exempt you from city and county licenses. Check
with your local city, county and state tax and licensing agencies.
Some retailers are subject to recycling taxes, which are becoming more
popular. Examples are tire taxes, "white goods" taxes for freon
disposal, etc. Other specialized taxes are so-called sin taxes - taxes on
alcohol, cigarettes, and other products that are considered harmful to people.
If you sell these types of items, you may need to obtain federal and state
licenses, and pay special taxes in addition to sales taxes. Check with your
state department of taxation for a listing of taxes, then check the requirements
to see if they refer to a license also.
Some states, mostly in the southeastern USA and some states with no income
tax, charge intangibles taxes. While most people think of intangibles as stocks,
bonds and mutual funds, intangibles can also be accounts and notes receivable
for a business. Filing deadlines vary from the Spring (March or April) to as
late as June (in Florida). If your state imposes an intangibles tax, you may
want to make a year end push to collect receivables so you do not have to pay
tax on money you have not received.
Personal property taxes are another type of tax imposed in many parts of the
country. Personal property is business property (furniture, equipment, vehicles,
etc.). It is called personal rather than real property to distinguish things
that are not affixed to the land. If your state or county imposes such a tax on
businesses, you should make sure that your depreciation schedule for income tax
purposes matches the list of depreciable items on the personal property tax
return.
There are a few other common government charges that small business owners
typically pay. The government refers to these as user fees rather than taxes.
Examples are registration of trademark, fictitious names (i.e. a trade name as
opposed to your business' legal name, such as Smith Inc. trading as AAA
Transmissions), and some other government document filings to protect your
business name from use by others.
The IRS also charges user fees (often in the $200 to $500 range) for things
such as private letter rulings. Private letter rulings are special legal
determinations as to how to handle a particular tax issue. Both the IRS and you
will be bound by whatever they decide. You submit the facts and your
interpretation, and ask them to rule on whether they agree. If they do, then the
IRS cannot later hurt you on that issue in an audit. Examples might be asking
the IRS to reinstate a faulty S election, changing an accounting method or year
end to a different month, or deciding if specific situations would qualify as
independent contractors rather than employees.