RuntheDamnBall Posted September 6, 2006 Posted September 6, 2006 I know there are a few good legal minds on the board and I'm not asking for any free legal advice, just a simple request on what's the best way to file for Doing Business As (DBA) in NY. Google's turned up a few sites but I have no clue as to what's reliable and what isn't. Any PM or posted pointers would be perfect.
PTS Posted September 6, 2006 Posted September 6, 2006 I know there are a few good legal minds on the board and I'm not asking for any free legal advice, just a simple request on what's the best way to file for Doing Business As (DBA) in NY. Google's turned up a few sites but I have no clue as to what's reliable and what isn't. Any PM or posted pointers would be perfect. 763002[/snapback] Go to the County Clerks office. Fill out the paywork, pay the small fee and presto.
smokinandjokin Posted September 6, 2006 Posted September 6, 2006 The best advice I can offer is to go Inc instead of DBA if at all possible.
RunTheBall Posted September 6, 2006 Posted September 6, 2006 Sue the shiat out of them! Sue who?? Sue everybody! For the punitive damages that you're giving me! RTB
rockpile Posted September 6, 2006 Posted September 6, 2006 Go to the County Clerks office. Fill out the paywork, pay the small fee and presto. 763011[/snapback] Yes, that is all you need. That makes the DBA a legal "entity". Depending on what you are doing, incorporation may be overkill.
RuntheDamnBall Posted September 6, 2006 Author Posted September 6, 2006 Yes, that is all you need. That makes the DBA a legal "entity". Depending on what you are doing, incorporation may be overkill. 763031[/snapback] I'm working as a freelance sound engineer. BTW, thanks everyone so far. I'd love to hear about the advantages/disadvantages to incorporating vs. DBA.
eSJayDee Posted September 6, 2006 Posted September 6, 2006 IANAL, but I believe one of the primary benefits of an S-Corp is that liability doesn't automatically transfer to the ownership. i.e. Someone tries to sue RTDB Enterprises for $10m for hearing loss due to one of your concerts, all they could get was what was held by the company rather than your personal assets. Depending on the business, I could see how you would still potentially have personal liability due to freud, legligence, fiduciary duty, etc.
erynthered Posted September 6, 2006 Posted September 6, 2006 The best advice I can offer is to go Inc instead of DBA if at all possible. 763027[/snapback] Good advice.
RayFinkle Posted September 6, 2006 Posted September 6, 2006 The best advice I can offer is to go Inc instead of DBA if at all possible. 763027[/snapback] That would depend on the type of operation he is planning to run.
RuntheDamnBall Posted September 6, 2006 Author Posted September 6, 2006 That would depend on the type of operation he is planning to run. 763064[/snapback] It's pretty much solo, out of home, editing work and I have most of the equipment I need, and I bill production houses for the work out of my place. I do some run-out recording gigs here and there. Aside from the liability risks of not incorporating, is there anything else major that going INC buys you as compared to DBA?
Taro T Posted September 6, 2006 Posted September 6, 2006 It's pretty much solo, out of home, editing work and I have most of the equipment I need, and I bill production houses for the work out of my place. I do some run-out recording gigs here and there. Aside from the liability risks of not incorporating, is there anything else major that going INC buys you as compared to DBA? 763069[/snapback] Another thing to look at besides the S-Corp is going LLC. You actually can be either a sole proprietor or a corporation and be an LLC in NYS. You can find information about how the various business entities are treated in NYS by following the links at NY hearts Small Business. (Specifically, click on 'Starting Your Small Business' and then the 'Business Organization', 'Licenses and Regulations', and 'Taxes' links on the left menu.) You'd still be best off talking to a lawyer when you are serious about getting started, but that site links to some real good ones at NY IRS and NY DoS. Good luck with it.
RayFinkle Posted September 6, 2006 Posted September 6, 2006 It's pretty much solo, out of home, editing work and I have most of the equipment I need, and I bill production houses for the work out of my place. I do some run-out recording gigs here and there. Aside from the liability risks of not incorporating, is there anything else major that going INC buys you as compared to DBA? 763069[/snapback] The primary reason to incorporate for a small operation would be for liability reasons. There are also LLCs (Limited Liability Companys) which offer some similar advantages. For a solo gig, where it sounds like you'll be carrying a minimal amount of liabilty at most, I wouldn't worry about it. If it goes well and you start expanding, picking up employees, more equipment, etc, I would sit down with a lawyer who can outline the specific benefits and pitfalls for each type of legal structure. For now, save your coin, you'll need it.
Chef Jim Posted September 7, 2006 Posted September 7, 2006 So the plan is to lure all the TBD lawyers to this thread and we blow it up. Good job, I'll keep quite and pass the word.
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