MyBB members and readers, this why I started this thread:
"I'm now thoroughly disgusted by all of this "red tape".
Do any of you webmasters feel the same?"
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labrocca,
Very generous of you to take the time and offer your assistance. Thank you.
(2012-05-06, 03:33 AM)labrocca Wrote: [ -> ]What legal red-tape are you referring to?
I am disgusted by all of the red tape that needs to be dealt with before starting and monetizing a forum. I covered what I meant by this in earlier posts. But clarifying here - red tape: federal, state and local legal requirements. And now it makes sense to include whatever else may be needed as a consequence of those legal requirements. A few examples: hire an attorney, hire an accountant, read a ton of legal stuff, deal with government entities, and pay state and local fees.
(2012-05-06, 03:33 AM)labrocca Wrote: [ -> ]Likely they won't know anything about a web based business. Your local county clerk can tell you a lot about what you require for a local business but a website is actually more regulated by Federal regulations.
To the contrary and as posted earlier, I found out what I needed in a very detailed phone call with a well versed local official.
(2012-05-06, 03:33 AM)labrocca Wrote: [ -> ]It's tax concerns you need to worry about more than legal ones. And you only really have to worry about taxes if you're actually making money.
And be aware most non-compliance issues result in small fines and requirements to comply. Which means if you make a mistake it's not really going to result in a big problem.
Believe it or not your local bank might have some decent info for you about start a business based account and what they require. With a business bank account you can often have tax services for paying local, state, and federal require taxes through them.
But again if you're just starting off you're really not making money. In which case you can be a sole-proprietor and run it with your SSN instead of an EIN. End of year make sure to properly do your taxes. As long as you're not employing people it's all mostly straight forward.
No doubt you mean well, but the devil is in the details, which obviously can differ between jurisdictions. And like I posted earlier about not being one to bank on the "ignorance is bliss" business plan, I endeavor to comply with all legal considerations before starting and monetizing a forum.
Thus, it makes little if any sense for me to take legal advice over the internet - by you or anyone. Accordingly, I would not offer the same to any USA MyBB member, other than as I posted earlier. "
I suggest checking with your local authorities (city / county) to find out the required legal considerations (red tape and fees) before starting and monetizing any forum or website. Short of this or hiring an attorney, I suggest not taking legal advise over the internet. Edit: And of course don't forget checking with your state."
(2012-05-06, 03:33 AM)labrocca Wrote: [ -> ]What state are you in?
I am currently not seeking legal advice, nor have I requested this in any post. My purpose for this thread is stated in my original post and at the beginning of this post.
(2012-05-06, 03:33 AM)labrocca Wrote: [ -> ]Honestly you have should worry about making money more than legal hurdles. It's not a REAL business until you make REAL income. Otherwise it's a hobby. You can worry about regulations once you're a proven business.
What you've advised here, in short, is exactly what I found not to be the case for where I reside.
(2012-05-06, 03:33 AM)labrocca Wrote: [ -> ]I assume you're just making a guess on that. I have started multiple business, been incorporated twice, and done so in 3 different states. You're not required to do very much if anything to make a buck in America.
Right, I guessed at least 75% of the USA population is required by their state and / or local jurisidction to do something before starting and monetizing a forum.
But your characterization of doing business in America makes me think of how things were earlier in our country's history - not nearly as regulated. We seem to share this same ideal or desire - to be free to do business in the USA. And I'm guessing most MyBB members would like to see less red tape (rather than more) that is required before starting and monetizing a forum.
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And while I have no reason to doubt your estimate regarding 99% of MyBB members, I do not consider this a sound basis for any MyBB member to use when deciding whether to consider their state and local legal requirements before starting and monetizing a forum."
(2012-05-06, 03:33 AM)labrocca Wrote: [ -> ]What are you basing this on?
Legal research for where I live, education and life experiences. Tom K. estimated 99% of MyBB members with monetized forums don't run them as a business (or home business). And, Tom K. posted that a business is not needed in order to start and monetize a forum. Good thing I wasn't paying Tom K. for legal advice.
Had I gone forward as he advised, my venture(s) would have been illegal or not in compliance right from the start.
(2012-05-06, 03:33 AM)labrocca Wrote: [ -> ]Yeah..like I said...your taxes but that's at the end of the year and that's federal. Your state and local may require tax too but again...end of the year. And that's IF you actually make money.
I wasn't incorporated until Jan 2011 when I really started to make substantial income and I was getting hurt with the 15% self-employment tax. But to clarify I was incorporated for 6 years with my retail business in NYC a decade ago.
Taxes really are not a concern for me - no problem doing the books and taxes. My primary concern and reason for this thread pertains to the legal considerations before starting and monetizing a forum.
(2012-05-06, 03:33 AM)labrocca Wrote: [ -> ]You can fail and then all the efforts to be an official business will not only be pointless but costly.
Right. So perhaps you now can better appreciate the level of disgust that I have for the red tape that I am encountering.
(2012-05-06, 03:33 AM)labrocca Wrote: [ -> ]In America we still have one of the friendliest business environments in the world. We're encouraged to go make money. Just make sure when you do you pay your Uncle Sam.
I instead maintain that USA MyBB members are better advised to check with their state and local authorities before starting and monetizing a forum.
"
I called the city today and learned I'm instead under the county's jurisdiction (I just moved). So now thinking I might be getting a break, I call the county but then found even more red tape and fees - to include an inspection of my bedroom (where I type) by the fire department. I kid you not. Perhaps the county wants to prevent me from setting the internet on fire as I type in my forum."
(2012-05-06, 03:33 AM)labrocca Wrote: [ -> ]Bullshit. If you have a home office where people do not come visit you're normally exempt from those type of regulations.
Are you by chance in California? That's an idiot state with regulations up the lime.
No BS - nothing but the confirmed truth. But there's no need to discuss California or a state in which I reside because this piece of red tape is required by my local authority (county) - a county of a major USA city.
(2012-05-06, 03:33 AM)labrocca Wrote: [ -> ]You should find out what the fines are for non-compliance. You'd be surprised to find them at $50-$500. And often they are waived if you comply within a certain timeframe.
Glad I'm not paying you for legal advice.
Instead I'm interested in complying with the required legal considerations before starting and monetizing a forum. My thorough disgust for all of the red tape is not likely to convert me into someone who would look for ways to shirk the law.
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To clarify this with the county official, I asked, without a state business license would I be in violation for going off property, taking a picture, and then posting it to my forum. This official without deviation or hesitation and as if having answered this question hundreds of times before told me this or any business related activity done outside my home office would be in violation. And that to be in compliance and conduct any business related activity outside my "home office", I instead would need a state business license."
(2012-05-06, 03:33 AM)labrocca Wrote: [ -> ]Of course they're going to say some dumb orange like that.
You'd have to be fabricating an understanding of law to consider this as anything but an accurate interpretation of the applicable code or law. Of course you cannot be guilty of doing so because you have not even read the applicable legal requirements. I used this extreme example with them to confirm "proof positive" that my prior understanding of the written requirements and what that official was telling me were the same - regarding "ANY" business related activity.
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And Tom K., just to be clear, I confirmed that for where I live there is no "just report income to the tax-man" option. For me to start and monetize a forum, I must first establish a home based business with an exemption from a state business license, or 2) establish a business with a state business license."
(2012-05-06, 03:33 AM)labrocca Wrote: [ -> ]Ask what happens if you don't. And big question..who's gonna report you? Honestly non-compliance means a fine. And I think you need to ask them to define a business for you. Attempting to earn money does not make you a business.
No need to ask since I'm not seeking a way to skirt the law, but instead I'm attempting to comply with it. Your definition of a business is simply not consistent with what is required for where I live.
(2012-05-06, 03:33 AM)labrocca Wrote: [ -> ]If you can PM me your state or county. I'd be more than happy to do research because I'm curious what you're fussing about. Oh btw..I have a lawyer and 2 accountants that advise me.
While I appreciate your curiosity, obvious nature to help and generous offer, I seriously doubt I could benefit from your legal council. No offense intended. Thanks, but no.
(2012-05-06, 03:33 AM)labrocca Wrote: [ -> ]I think most of what you're saying is amusing. You're saying if I start a blog with some adsense income making $50 a month and I take a picture and post it that I'm under a pile of red-tape and I need the fire department to approve my living room where I post from my laptop. Ludicrous.
Again, the devil is in the details - the ludicrous red taped details. You've drawn this conclusion and made similar comments earlier without even having read the applicable legal requirements for where I live - which to me seems, well - - ludicrous.
(2012-05-06, 03:33 AM)labrocca Wrote: [ -> ]BTW: I take it all back if you live in Los Angeles or somewhere in California. But almost everywhere else what I said is fine.
EDIT: Check this site out: http://www.municode.com/Library
So California with the largest economy in the USA is business unfriendly, but nearly every other jurisdiction in the other 49 states is business friendly. Doesn't help me any, and I can't imagine how that could help any USA MyBB member wanting to start and monetize a forum. Still seems plainly obvious - it's best to first check with the state and local authorities, and / or hire an attorney.
I looked at that muni-code site and I was struck by two things. It clearly states up front that their codes may not be up to date, and it's about a lot of red tape.
(2012-05-05, 07:02 PM)pavemen Wrote: [ -> ] (2012-05-05, 05:36 PM)BR549 Wrote: [ -> ]pavemen,
Good thing I'm not paying you for legal advice . Much of your post does not apply where I live - in a county of a major USA city.
I live in california one of top anti-business states in the union. but if you are going to run it as a business with a DBA and all that, then yes you are going to have to jump through hoops.
pavemen,
For where I live, doing a DBA or not does not necessitate another legal change or requirement - doesn't affect a sole proprietor business, home or state licensed. That's apparently different than where you live.
(2012-05-06, 04:41 AM)Imad Jomaa Wrote: [ -> ]Exactly. To me it seems as if he is trying to kill an ant with a machine gun. I've done my fair research and calls, and certainly haven't come across such (in California). In addition, asking about specific applications, forums for example, you'll get a round about answer of complete rubbish. They can barely answer questions about internet businesses let alone understand specific applications and provide a reasonable response (through my experience anyway.)
Anyway, as Labrocca said, treat it as a hobby for now until it actually generates income. There is really no point in enduring expenses that are completely unnecessary (imo). Especially since building a solid active forum takes time.
Imad Jomaa,
Take a read through my reply to labrocca, if you will, since that reply addresses much of what you're commenting here.
I apologize to all for not making this clear up front. I had not posted my specific jurisdiction with the intent of keeping this thread on a much larger topic - in order to help many more readers and MyBB members. With the thread only being about my jurisdiction, it would best help only a few who lived in that jurisdiction.
(2012-05-18, 11:07 PM)labrocca Wrote: [ -> ]I mean is posting his county or just state really going to cause him harm?
I refute everything he says until he can confirm any regulation that adheres to his statements.
I can't find a single place forcing a $200 fee for a home business fire inspection.
Every single search comes up only with California counties.
labrocca,
Please allow me to interject.
I am all for refuting what is being claimed until verifyable proof to the contrary is posted. But at the same time please realize that no one else in this thread has posted such proof of their claims either (not that I'm asking for it). I trust that everyone here is just as helpful or moreso than most everyone else posting at MyBB.
