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San Diego Small Business Law Blog

San Diego Business Law

Last Build Date: Thu, 09 Feb 2017 08:48:23 +0000


Doing Business in California

Fri, 10 Oct 2014 22:01:34 +0000

I get asked all the time, “If I incorporate a business that will be located in California and will be strictly online with no principal office location, do I still have to register to do business in California?”  This is an important question, most importantly for tax reasons. Before you even make your first sale, […]

Out of State LLCs Treated as “Doing Business” in California

Tue, 07 Oct 2014 00:41:29 +0000

Individuals and entities, including those from outside California, who invest in or do business through an out-of-state limited liability company (“LLC”) may be surprised to find out that they have filing obligations and tax liabilities in California as a result of California’s far-reaching rules and interpretations related to when an LLC is treated as “doing […]

LLC Members: Can They Be Paid As Employees Of The Business?

Fri, 03 Oct 2014 01:33:17 +0000

A limited liability company (LLC) is quickly becoming the most popular entity to form in order to shield personal assets from business liabilities. This is because this type of entity offers flexibility when organizing the management and economic structure of the company.  One of the areas where LLCs offer flexibility is how to structure payments […]

Written contracts and the delivery requirement

Thu, 24 Jul 2014 01:45:16 +0000

As a small business owner you undoubtedly enter into many contracts, most of them written.  Some may be contracts others initiate to enter into with you.  Some may be contracts you seek out.  In either case, any written contract you enter into, must be “delivered to the party in whose favor it is made.” California […]

Has your landlord shifted American Disabilities Act liability to you?

Wed, 11 Jan 2012 09:41:42 +0000

The American With Disabilities Act is a civil rights law, designed to prevent discrimination against the disabled. Although passed with good intentions, the application of the act has proven controversial, opportunistic for some plaintiffs (and their lawyers), and for some small businesses, very costly. It is a federal act but gives great leeway to states […]

A proper buy-sell agreement for your San Diego small business

Mon, 19 Sep 2011 05:44:59 +0000

If you own a company with anyone other than your spouse, you need a buy sell agreement. Also called a buyout agreement, or a business pre-nupt. A proper buy-sell agreement, will protect all business owners when one of the co-owners wants to leave the company. It will protect the remaining business owners as well as […]

Incorporate your business too … avoid an IRS audit?

Thu, 25 Aug 2011 09:41:03 +0000

According to a IRS statistics, those who incorporate their business is 10 times less likely to be audited than those who run a business and report that income on a Schedule C form. Schedule C is for sole proprietors who report that income directly to their personal 1040 tax form. Now, correlation does not equal […]

When Do I Incorporate My Company?

Sat, 11 Jun 2011 02:00:06 +0000

As soon as possible. If you are starting up a small business and plan to incorporate sooner or later, than it should be sooner. There are some pitfalls that you must watch out for if you do not incorporate early. If there is more than one founder, you should definitely incorporate early. Partnerships are generally […]

A sole shareholder is not an “employer”

Thu, 19 May 2011 05:11:10 +0000

A California Court of Appeals has determined that being a sole shareholder does not make you an employer. This is important for cases involving the California Family Rights Act because recovery under that act is only available from the employer. The employer in that case being the corporation. Plaintiffs argue that the shareholder should also […]

S-Corporation Explained

Wed, 27 Apr 2011 23:35:51 +0000

Most people have heard of an S-Corporation or an S-Corp, but not many people really know what it really is and more importantly, what it isn’t. I get asked a lot by potential clients, if I can form an S-Corp for them. I have to inform them that you do not form an S-Corp, you […]