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STARTING AND OPERATING A
BUSINESS IN CALIFORNIA

Customized Edition for: Acme Dynamite Company


NOTE: LINKS DISABLED!   All links to the e-book are disabled in this sample table of contents, since the e-book chapters and content are not posted on the Internet.

(This is a sample for a California edition for a hypothetical California manufacturer, "Acme Dynamite Company." Each state edition's table of contents is slightly different, depending on the state's laws and the facts of your business.)


Copyright © 2024, Michael D. Jenkins
All Rights Reserved


“This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher and author are not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.” -- from a Declaration of Principles jointly adopted by a committee of the American Bar Association and a committee of publishers.


TABLE OF CONTENTS

PREFACE: Recent Developments and Overview of Doing Business in California

PART I -- STARTING YOUR BUSINESS

Chapter 1: Deciding to Go into Business

1.1 - Taking the Plunge
1.2 - Advantages and Disadvantages of Owning a Business
1.3 - Characteristics of the Successful Entrepreneur
1.4 - Know the Business
1.5 - Know Your Market -- And Create a Business Plan
1.6 - Know How Much Money You Need To Succeed
1.7 - Finding the Best Location
1.8 - Signing a Lease: A Major Commitment
1.9 - Will You Hire Employees?
1.10 - Choosing Professional Advisers
1.11 - Small Business Startup Checklist for Acme Dynamite Company

Chapter 2: Choosing the Legal Form of the Business

2.1 - General Considerations -- Federal and California Aspects
2.2 - Advantages and Disadvantages of Sole Proprietorships
2.3 - Advantages and Disadvantages of Partnerships
2.4 - Advantages and Disadvantages of C Corporations
2.5 - Advantages and Disadvantages of S Corporations
2.6 - Advantages and Disadvantages of Limited Liability Companies
2.7 - Major California Taxes on Businesses
2.8 - Entity Choices for Specific Types of Businesses
2.9 - Should You Incorporate Outside Your Home State?

Chapter 3: Buying an Existing Business

3.1 - Buy vs. Build
3.2 - Finding a Business for Sale
3.3 - What to Look for Before You Leap
3.4 - Should You Consider a Franchise Operation?
3.5 - Negotiating the Purchase
3.6 - Closing the Deal

Chapter 4: Selecting the Right Location

4.1 - Location, Location, Location
4.2 - Steps in Selecting a Site for a Retail Business
4.3 - Site Selection Factors for a Non-Retail Business

PART II -- OPERATING YOUR BUSINESS

Chapter 5: A Trip through the Red Tape Jungle: Requirements That Apply to Nearly All New Businesses

5.1 - Choosing a Name for the Business
5.2 - Local Business Licenses
5.3 - State Licenses
5.4 - Federal Licenses
5.5 - Income Taxes -- Federal and California
5.6 - Self-Employment Tax
5.7 - Miscellaneous Tax Information Returns
5.8 - California Sales and Use Taxes
5.9 - Property Taxes
5.10 - Using a Fictitious or Assumed Business Name
5.11 - Insurance - A Practical Necessity for Businesses
5.12 - Federal and California Excise Taxes
5.13 - Federal Corporate Transparency Act Registration
5.14 - Requirements Specific to the Legal Form of the Business

Chapter 6: The Thicket Thickens: Additional Requirements for Businesses with Employees

6.1 - Social Security and Income Tax Withholding
6.2 - Unemployment Taxes -- Federal and California
6.3 - California Workers’ Compensation Insurance
6.4 - Compliance with ERISA - Employee Benefit Plans
6.5 - Employee Safety and Health Regulations
6.6 - Employee Wage-Hour and Child Labor Laws -- Federal and California
6.7 - Fair Employment Practices -- Federal and California Laws
6.8 - Immigration Law Restrictions on Hiring
6.9 - Restrictions on Layoffs of Employees -- Federal and State
6.10 - The Americans with Disabilities Act
6.11 - Mandatory Family and Medical Leave Requirements
6.12 - Performance Evaluations - Your Legal Exposure as an Employer
6.13 - Employee or Independent Contractor?
6.14 - Reporting Newly Hired Employees in California
6.15 - Military Leave for Employees
6.16 - The “Union Shop” and Right-To-Work Laws
6.17 - Employee Polygraph Protection Act Requirements
6.18 - Wage Payment and Other California Labor Laws
6.19 - Catch-22 for Employers: Giving References
6.20 - COBRA Requirements for Employers
6.21 - Health Care Reform Requirements for Employers

Chapter 7: Environmental Laws Affecting Your Business

7.1 - Liability under Environmental Clean-up Laws
7.2 - Community Right-To-Know Notification
7.3 - Water Pollution Laws
7.4 - Air Pollution Laws
7.5 - Toxic Substances Control Act
7.6 - Environmental Impact Statements
7.7 - Miscellaneous Environmental Regulations
7.8 - EPA Contact Information
7.9 - California Environmental Tax on Businesses

Chapter 8: Miscellaneous Legal and Regulatory Issues

8.1 - Protecting Your Assets from Creditors
8.2 - Protecting Trade Names and Intellectual Property
8.3 - Mail Order Sales and Telemarketing Regulations
8.4 - Consumer Credit Laws Affecting Your Business
8.5 - Multilevel Marketing Programs -- Look Before You Leap
8.6 - Reporting Foreign Investments in U.S. Businesses
8.7 - Exporting Your Product or Service
8.8 - Electronic Marketing Restrictions
8.9 - Internet Taxation and Regulation
8.10 - New! (2024) FTC Ban on Non-Compete Agreements

PART III -- MONEY AND TAX MATTERS

Chapter 9: Accounting

9.1 - Overview of Accounting
9.2 - Depreciating or Expensing Assets
9.3 - Selecting Tax Accounting Methods
9.4 - Cash-Flow Management
9.5 - Don't Be a Victim of Accounting Fraud

Chapter 10: Employee Fringe Benefits and Stock Options

10.1 - Introduction
10.2 - Fringe Benefits
10.3 - Retirement Plans
10.4 - Stock Option Plans
10.5 - Nonqualified Deferred Compensation Plans
10.6 - Restricted Stock Plans
10.7 - Play or Pay -- Complying with ObamaCare
10.8 - Overview of Fringe Benefits

Chapter 11: Business Expense Tax Deductions and Tax Credits

11.1 - Travel, Entertainment, and Meal Expenses
11.2 - Automobile Expenses
11.3 - Start-Up Losses Must Be Capitalized, But Some Now Deductible Immediately
11.4 - Office in the Home Expenses
11.5 - Business Tax Credits
11.6 - Tax Rules for Cell Phones Provided To Employees
11.7 - The Tax Cuts and Jobs Act of 2017 Expires (Mostly) After 2025!

Chapter 12: Additional Tax Savings Strategies

12.1 - Introduction
12.2 - Choosing the Best Taxable Year for a Corporation
12.3 - Using a Corporation as a Tax Shelter
12.4 - Tax Problems Unique to Corporations
12.5 - Planning for Withdrawal of Funds from a C Corporation at Minimum Tax Cost
12.6 - Post-Incorporation Planning
12.7 - How the 20% "Qualified Business Income" Deduction Works
12.8 - Should You Incorporate, After the 2017 Tax Reform?
12.9 - Hiring Your Spouse or Child as an Employee
12.10 - How to Save on Unemployment Taxes
12.11 - Section 1244 Stock
12.12 - Tax and Legal Implications of Doing Business in Other States
12.13 - Qualified Joint Ventures -- Husband and Wife
12.14 - Escaping IRS Penalties -- First Time Offender?

Chapter 13: Estate and Gift, Excise, and Other Taxes

13.1 - Introduction
13.2 - Federal Excise Taxes
13.3 - State Excise Taxes
13.4 - Federal Estate and Gift Taxes
13.5 - State Estate, Gift and Inheritance Taxes

PART IV -- GOVERNMENT CONTACT INFORMATION

Chapter 14: California and Federal Sources of Help and Information

14.1 - Where To Seek Help for Your Small Business in California
14.2 - Key California Agencies Contact Information
14.3 - Federal and California Agencies Internet Sites

APPENDICES

Appendix A: Start Up Checklist for Acme Dynamite Company
Appendix B: Business Plan Worksheet and Guide for Acme Dynamite Company
Appendix C: Commonly Used Tax and Other Forms

ORDERING INFORMATION



Send Mail to:   mdjenk@aol.com with questions or comments about this publication, or if you note any information that is inaccurate or out of date. We update all portions of this series at least once a year, and strive for accuracy, but we are not perfect, and welcome your input, either in the form of corrections or for any major changes that have occurred since our last annual update of the federal or state portions of this series. Please do not contact us for tax, business or legal advice.

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Last modified: January 1, 2024