business license

#1 10-01-2004, 12:13 PM

here is a opinion question. if i wanted to start a business in my city, which method would you guys recommend for getting around the business license requirment. there are several avenues to take: state cannot impose a charge for a enjoyment of a right case law,(go to court and fight them over that), tender a promissary note to pay the fee (which brings in the lawful money thing but tells them they have the right to license you. any input on this? its right up there with the drivers license issue. just wanted different opinions on the topic.

Bird · #2 10-01-2004, 01:18 PM

Here is my opinion answer.

One could just start contracting, and let that be that. There is no need to start what they would consider a fight (trying to educate them is an uphill battle). One has the right to contract with whomever they wish for any lawful purpose.

A business license from the city is also known as a Tax Registration Certificate (those are the actual words printed on the "license"). I believe that terminology is self expanatory. One could think of a business license as a Tax Enrollment Program.

#3 08-23-2005, 09:56 PM

I take the position that if I am not working through a legal fiction but am performing services for hire (1099 activity) in my own name, than they cannot priviledge me with a licensing requirement. I wouldn't hire anybody but would maybe subcontract.

If I am working through a DBA then I would get a business license and try to operate out of a commercially zoned site. Now that might be a "virtual office" with a mail drop, in which case my address for records keeping is the residence, but I'm still not putting that on the license.

The city could make the argument that their municipal codes are contract stipulations that have jurisdiction through my residence within the limits of the incorporated area. I would then request a written copy of that unsigned contract and get my ink pen ready. ;)