Legal Question in Business Law in New York

Business Commitment, the next step, an online business!

Hello! I would like to know what the next steps are to take my business to the next level. I am here in New York, a heavily taxed state yet I have an online business on Ebay that I started as a hobby but now is doing well. What is best for my online situation, what legalities do I need, NYS Tax and all,and how DO you use a tax ID and collect taxes online if I am forced to do so. Isn't the Internet a unique situation? I have more people in other areas who buy from me than in NY. Also, I DID fill out a schedule C last year because I made more money in my hobby so I thought it best to declare it. THANKS for your expertise and professionalism!


Asked on 9/04/07, 3:05 pm

2 Answers from Attorneys

John Friedman Law Office of John K. Friedman

Re: Business Commitment, the next step, an online business!

You should ideally sit down with both a tax professional and an attorney to determine your best course. You'll need to analyze different business organization forms (corporation, LLC, sole proprietor, etc.) in light of the company's capitalization and the risks to your existing assets. While your customers may be outside NYS you indicate that you are not and, accordingly, you'll have to abide by NYS' business laws (though if you have no employees besides yourself you will have few if any too egregious obligations in this regard). You can, of course, organize the business outside of NYS but if you are doing any significant business here (i.e. running your business here) you'll still come under the jurisdiction of the NYS laws.

If you'd like to discuss this further, please feel free to call the office or drop a line via e-mail.

JF

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Answered on 9/04/07, 3:12 pm
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: Business Commitment, the next step, an online business!

I represent a number of Internet business. There are a variety of factors you need to consider. You will probably want to form a business entity in order to protect your personal assets. In order to determine your potential tax liability, the best type of business structure for you and the most appropriate state to be establishing your business I would require additional information. Please feel free to contact me if I can be of any assistance.

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Answered on 9/04/07, 3:27 pm


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