Legal Question in Business Law in Georgia

Hello, i have recently purchased, without loan, all equipment to start a vinyl decal and design business. My current status is head of household, with full time job, and i plan on running vinyl business from home to make a profit. As business grows, my plan is to branch into small store front with employees depending on scale of business growth. Im wondering what steps i need to take on getting a DBA business name in state of GA, or if that business structure is suitable for me? Are there any specific requirements or laws that apply to designs and graphics in GA?

Asked on 3/20/18, 4:24 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You're about to make a mess. No one should start a business without spending time, in person, with a CPA and also a lawyer. You can't Google, or LawGuru the answers as they are fact dependent. Not spending the consultation money could be VERY costly.

There is no such thing as a DBA business name. To use any business name you must either register the trade name in every county where you do business, or incorporate and use that name, or something similar. You may want to secure trademarks. You'll need contracts to use with clients. The decisions you make can affect your taxes (Subchapter S, regular corporations, LLCs and solepropietorships are taxed differently, and business at home expenses are hard to deduct and make you audit bait, especially when your business is part time.

You will likely also need a local business license and your local zoning may not permit an at home business.

Both a lawyer and CPA will give you invaluable input and save you money and problems.

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Answered on 3/20/18, 4:37 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

I agree with the other Glen. A DBA is not a separate entity and will not afford you any liability protection.

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Answered on 3/21/18, 9:09 am

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