Legal requirements for starting a business: a US checklist

The main legal steps to start a small business in the United States: business structure, registration, EIN, licenses and permits, taxes, zoning, insurance, contracts and, once you hire, employer obligations.

What this guide covers: The ten setup steps every new US business goes through, from structure and EIN to zoning, insurance and contracts, with a printable checklist. If you already plan to hire, read legal requirements for a small business that plans to hire for the employer side.
In shortTo start a business legally in the US, most owners need to choose a business structure, register the business name and entity with the state where required, get an EIN from the IRS, obtain federal, state and local licenses and permits that apply to their activity and location, register for state and local taxes such as sales tax, check zoning, buy appropriate insurance and keep business and personal finances separate. Hiring employees adds further obligations, including payroll taxes, Form I-9, new-hire reporting, workers’ compensation and posting requirements.

Step 1: Choose a business structure

Common business structures
Structure Key points
Sole proprietorship Simplest; no separate legal entity; owner is personally responsible for debts
Partnership Two or more owners; a written partnership agreement is strongly recommended
Limited liability company (LLC) Separate entity that can limit personal liability; flexible tax treatment
Corporation (C or S) Separate entity with more formalities; S corporation is a tax election with eligibility rules

The right structure depends on liability, taxes, how many owners you have and your plans for growth. Many small business owners talk to an accountant or attorney before deciding.

Step 2: Register the business

LLCs and corporations are formed by filing documents, such as articles of organization or incorporation, with the state, usually the secretary of state. Sole proprietors and partnerships operating under a name other than the owners’ legal names often need to register a trade name, sometimes called a DBA, with the state or county. Check that your chosen name is available and does not conflict with an existing trademark.

Step 3: Get an EIN

An Employer Identification Number from the IRS identifies your business for federal tax purposes. You need one if you have employees, operate as a corporation or partnership and in several other situations, and banks often ask for one to open a business account. The IRS issues EINs free of charge.

Step 4: Licenses and permits

See how to get a business license.

Step 5: Register for taxes

Beyond federal income tax, most businesses must register with state tax agencies. If you sell taxable goods or services, you will likely need a sales tax permit and must collect and remit sales tax. Some states and cities have gross receipts or business privilege taxes. Learn your filing deadlines, including estimated tax payments, and keep organized records from day one.

Step 6: Check zoning and location rules

Before signing a lease or running a business from home, confirm that zoning allows your activity at that address. Some businesses also need environmental, waste or parking approvals. Lease terms, landlord rules and homeowners’ association rules can add further restrictions.

Step 7: Get insured

Insurance needs depend on your industry. Common policies include general liability, professional liability, commercial property, commercial auto and, once you hire, workers’ compensation, which most states require for employees. Clients, landlords and lenders may require specific coverage.

Step 8: Separate finances and keep records

Step 9: Contracts and intellectual property

Use written contracts with customers, suppliers and partners. Protect your brand by checking trademarks before you commit to a name and consider registering your own. Add clear terms of service and a privacy policy if you sell online or collect customer data, and follow the privacy and consumer protection laws that apply to your business.

Step 10: When you hire employees

  1. Have each new hire complete Form I-9 and Form W-4, plus any state withholding form.
  2. Report new hires to your state’s new-hire registry.
  3. Set up payroll and withhold and pay federal and state payroll taxes.
  4. Register for state unemployment insurance.
  5. Get workers’ compensation insurance as required.
  6. Display required federal and state workplace posters.
  7. Pay at least the applicable minimum wage and follow overtime, break and recordkeeping rules.
  8. Classify workers correctly as employees or independent contractors.

Read hiring your first employee, the new-hire paperwork checklist, the federal employment laws guide and time record retention requirements.

Checklist

Legal setup checklist
Item Done?
Business structure chosen
Entity formed or trade name registered
EIN obtained
Local and state licenses and permits
Sales and other tax registrations
Zoning confirmed
Insurance in place
Business bank account opened
Contracts and terms prepared
Employer registrations (if hiring)

Home-based businesses

Many businesses start at home. Even then, you may need a local business license or home occupation permit, and some activities, such as preparing food for sale, have specific rules. Check whether customer visits, signage, deliveries or employees working at your home are allowed, and review your homeowners or renters insurance, since it often excludes business activities. Cottage food laws in many states allow limited sales of certain homemade foods under special conditions.

Common mistakes

Keep up with renewals and changes

Legal setup is not a one-time task. Licenses, permits and registrations often need annual renewal, minimum wages change, and new local rules appear. Keep a calendar of renewal dates and filing deadlines, review your obligations each year and whenever you add a location, start selling in a new state or hire your first employee in a new place.

How EZTime helps

Once you hire, EZTime helps with day-to-day employer obligations: an accurate time clock and records for hours worked, labor rule alerts for overtime and breaks, digital HR forms with e-signatures for onboarding paperwork and a digital employee file with expiry reminders for licenses and certifications. See EZTime for small business owners.

Frequently asked questions

What do I legally need to start a business?

Usually a business structure, state registration if required, an EIN, licenses and permits, tax registrations, zoning approval and insurance.

Do I need an LLC to start a business?

No. Sole proprietorships are legal in every state, but an LLC can help limit personal liability. Get advice for your situation.

Do I need an EIN?

You need one if you have employees or operate as a partnership or corporation, among other cases. Many banks also ask for one.

What licenses does my business need?

It depends on your activity and location. Check with your city, county and state licensing agencies.

What changes when I hire my first employee?

You take on payroll tax, I-9, new-hire reporting, unemployment insurance, workers’ compensation, posting and wage and hour obligations.

Where to go next

More on this topic

Start compliant, stay compliant

EZTime keeps hours, breaks and employee documents in order from your first hire.

Disclaimer: This guide is general information, not legal, tax or financial advice. Licensing, sales tax, health and employment rules vary by state, county and city. Check with local agencies and a qualified professional before you invest.