Legal Question in Business Law in California

Re: Business License-needed or not

Whether you need a business license or not is a matter of local ordinance, and you should ask the business license clerk at city hall where you live; or of you are in an unincorporated area, ask the county government. My guess is that you'll need one, but they're simple and cheap to obtain.

You don't need an EIN number as long as you operate as a sole proprietorship (rather than a partnership, corporation, LLC, etc.) and don't have paid employees. However, when you need one, an EIN is easy to obtain, and free. Go to the IRS Web site and look at downloadable Form SS-4 and its instructions. I understand an EIN can now be obtained on line.

Your business name would be a DBA. Another question you didn't ask is whether the name is a "fictitious business name" requiring publication and filing. See Business & Professions Code sections 17900 et seq., which defines a fictitious business name as one that does not contain the surname of the individual conducting the business or suggests additional owners.

Thus, Mary's Productions is fictitious, and Johnson's Productions is not. Johnson & Sons Productions is also fictitious.

Hope this answers your questions.