Legal Question in Business Law in New York

Re: incorporating

You may or may not need to incorporate/form an LLC (that is a question that cannot be answered without a thorough analysis of your individual situation, taking several things, such as taxes, geographical range of the business, level of risk, internet presence and other factors), but you do at the VERY least need to form a county-based DBA (register your business with the county clerk) and get an Employer ID number for that DBA. Do NOT go handing out your social security number to your contractor writers!!!!!!!!!!!! Doing that is an invitation to anyone to steal your identity. EINs are available for sole proprietorships at www.irs.gov; click on the Business tab at the top of the page, then click through to the EIN form (SS-4). You can receive your number immediately online.

Also, be sure you are not liable for state income tax. And, finally, make sure that, unless you employ your writers as W-2 employees, they meet the requirements set by the IRS for contract employees.

The long and short of this is GET YOURSELF A BUSINESS LAWYER and USE him or her. You're welcome to call me if you'd like for a half-hour consultation at no cost to you.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Re: incorporating

An entity is not necessarily required but strongly recommended, given your multiplying exposure by taking on contractors/employees. Also take care to recognize the difference between "contractors" and "employees" as the latter has a great deal more requirements, such as payroll taxes, worker's compensation, etc. As another attorney wisely recommended at the very least you should get an EIN to enable you to hire "employees."