Legal requirements for starting a small business

A practical checklist of the registrations, licenses, tax accounts and employer obligations most new US businesses need, in the order you usually tackle them.

What this guide covers: The legal setup with a focus on becoming an employer: what to have in place before the first hire, which employment laws apply as headcount grows, workplace safety and worker classification. For the general setup checklist (zoning, insurance, contracts), see legal requirements for starting a business: a 10-step checklist.
In shortMost new US small businesses need to choose a legal structure, register the business name with the state or county, get an EIN from the IRS, obtain federal, state and local licenses and permits, register for state taxes such as sales tax, open a separate bank account and buy appropriate insurance. Once you hire, you also need state payroll tax accounts, workers’ compensation in most states, Form I-9 for every employee, new hire reporting and workplace posters, and you must follow wage, hour and safety laws.

Step 1: Choose a business structure

Common structures
Structure Key points
Sole proprietorship Simplest; no separate legal entity, so the owner is personally liable
General partnership Two or more owners; partners share liability
Limited liability company (LLC) Separate entity that can limit personal liability; flexible tax treatment
S corporation (tax election) Pass-through taxation with eligibility limits on owners and shares
C corporation Separate taxpayer; suits businesses planning to raise outside investment

Structure affects liability, taxes and paperwork. Our guides to sole proprietorships and C corps vs S corps explain the differences. Many owners speak with an accountant or attorney before choosing.

Step 2: Register the business

Step 3: Get an EIN

An Employer Identification Number (EIN) is the federal tax ID for your business. You need one if you hire employees, operate as a corporation or partnership, or meet other IRS criteria, and banks usually ask for one to open a business account. It is free from the IRS. See our step-by-step guide on how to apply for an EIN.

Step 4: Licenses and permits

Common license types
Level Examples
Federal Required only for certain activities, such as alcohol production, firearms, aviation, commercial fishing or some transportation
State Professional and occupational licenses (contractors, cosmetology, healthcare), sales tax permits, industry-specific licenses
County and city General business license, zoning approval, building permits, health permits, signage permits, home occupation permits
Industry-specific Food service health permits, liquor licenses, pesticide application, security guard licenses

Requirements vary widely by location and industry, so check with your state and local government. Our guide on how to get a business license explains where to look.

Step 5: Register for state and local taxes

Set up bookkeeping from day one so you can file accurately and on time.

Step 6: Separate your finances

Open a business bank account and keep business and personal money separate. This makes bookkeeping and tax filing easier and, for LLCs and corporations, helps preserve the liability protection of the entity. See how to open a business bank account.

Step 7: Insurance

Step 8: Before you hire your first employee

Employer obligations checklist
Requirement What it involves
State payroll tax accounts Register for state unemployment insurance and, where applicable, state income tax withholding
Federal payroll taxes Withhold income tax and FICA, pay employer taxes and file payroll tax returns
Form W-4 Collect a federal W-4 (and any state form) from each employee
Form I-9 Verify identity and work authorization within three business days of the start date; see our Form I-9 guide
E-Verify Required for some employers by state law or federal contract
New hire reporting Report new hires to the state directory, generally within 20 days
Workers’ compensation Buy coverage or qualify to self-insure, as required by your state
Posters Display required federal and state workplace notices
Wage and hour rules Pay at least the applicable minimum wage, overtime to non-exempt employees and on time
Recordkeeping Keep payroll and time records for required periods; see our record retention guide

Our new hire paperwork checklist covers the forms in detail.

Employment laws that grow with your headcount

Selected federal thresholds
Law Generally applies to employers with
Fair Labor Standards Act (minimum wage, overtime) Most employers, regardless of size
Equal Pay Act Most employers covered by the FLSA
Title VII (discrimination) 15 or more employees
Americans with Disabilities Act (employment) 15 or more employees
Age Discrimination in Employment Act 20 or more employees
COBRA (continuation coverage) 20 or more employees with a group health plan
Family and Medical Leave Act 50 or more employees
WARN Act (layoff notice) 100 or more employees

Many state laws apply to smaller employers, sometimes from the first employee. Our federal employment laws guide explains each law.

Workplace safety

The Occupational Safety and Health Act covers most private employers. You must keep the workplace free of recognized serious hazards, follow OSHA standards that apply to your work, train employees on hazards and, depending on industry and size, keep injury and illness records. Some states run their own OSHA-approved plans with additional rules. See our workplace safety guide.

Classify workers correctly

Deciding whether someone is an employee or an independent contractor, and whether an employee is exempt or non-exempt from overtime, are two of the most important early decisions. Getting them wrong can lead to back wages, taxes and penalties. See our guides on contractors vs employees and exempt vs non-exempt employees.

Common legal mistakes new businesses make

Ongoing compliance calendar

Setting up for your first hires with EZTime

Accurate time records are a legal requirement for non-exempt employees and the basis for correct pay. EZTime gives small businesses an attendance clock on mobile, tablet or NFC, scheduling software and a digital employee file with e-signatures for onboarding documents, so time and paperwork are organized from your first hire.

Frequently asked questions

What do I legally need to start a small business?

Usually a business structure, state or local registration, an EIN, licenses and permits, tax registrations, a business bank account and insurance.

Do I need an EIN if I have no employees?

Not always. Sole proprietors without employees can often use their SSN, but an EIN is required for employers, corporations and partnerships, and many banks ask for one.

Is workers’ compensation required?

Most states require it once you have employees, with some exceptions. Check your state’s rules.

When must I complete Form I-9?

The employee completes Section 1 by the first day of work, and the employer completes Section 2 within three business days of the start date.

Which employment laws apply to very small businesses?

The FLSA applies to most employers regardless of size, and many state laws apply from the first employee. Other federal laws start at 15, 20, 50 or more employees.

Do I need a business license to work from home?

Often yes. Many cities require a general business license and sometimes a home occupation permit.

Where to go next

You may also need

Expiry reminders for documents

EZTime’s digital employee file keeps documents such as certificates and sends reminders before they expire.

Disclaimer: This guide is general information only and is not legal, tax or financial advice. Requirements vary by state, city and industry and change over time. Consult a qualified attorney or accountant before starting your business.