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should I start a business, legally speaking?

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    should I start a business, legally speaking?

    Got a question for some of the makers here.

    Even though I've been doing pneumag jobs for people for years, I have never started a legal business for my paintball work. I consider it a side hustle, like mowing lawns as a kid. Even though I often charge $300-$400 for jobs, probably 80% of that goes into parts. I started keeping track a few years ago, and on average I don't profit that much...usually less than $1,000/year. I do report that on my taxes, but I haven't done anything else besides that.

    All that is about to change, though. Maybe. I'm going to release a MAC-33 pneumag kit soon, probably before summer, and this is going to be significantly different than building pneumags and SPARs for people. The kit is mostly off-the-shelf parts. I'm just acting as a middle-man, gathering the parts in bulk to make it all easier/cheaper, and then reselling everything at a profit. Usually I can only find the time to build about 1 pneumag a month, but since the kit is so much less labor intensive, I could see selling 10 or 20 a month, and that could maybe generate a LOT more money. Maybe $10,000 in a year? I don't know. It's all counting-before-the-eggs-hatch at this point, and the market is pretty limited. I mean...how many kits can I really sell before I've sold one to everyone who wants one? I have hopes, but honestly I'll be surprised if I sell more than 100.

    So anyway, at what point do I need to file paperwork and start a legit business for tax reasons? Is there an income threshold I need to pass first? Should I wait until I'm making enough to justify leasing a workspace and hiring employees? As it stands now, I don't have any employees. I probably have less than $2,000 of assets. I usually "work" less than 10 hours a week. I don't even have a dedicated workspace inside my house. All my machinery is crammed into a glorified closet that's mostly used for storage boxes full of old books and Christmas decorations.

    Or can I just consider myself a sole proprietorship and leave it at that? Obviously I'll keep track of everything for tax reasons, but I don't think I have to file anything with the local government if I'm only a sole proprietorship. Should I open a new business bank account just for pneumag stuff? Or am I just worrying about a whole lot of nothing?
    View my feedback or read about my Virginia woodsball club.

    Let me make you something. I build pneumags, auto-response frames, and wooden pill cases.

    #2
    I kind of ran down this path about a year ago. I wanted everything separate to help make sure my personal finances were not getting mixed in. I setup a business with just my wife and I, separate bank account, paypal, venmo etc. Helps to make it much more transparent when tax time rolls around that X went out and X came in. After a few other steps it allowed me to become a dealer for a few companies also. Though the amount of sales im making likely is a drop in the bucket compared to a store with a store front or field.
    BeardedWorks.com (Your Inception Designs and Shocktech Dealer)
    BW Youtube
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    I buy Automags and Mag Parts also.

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      #3
      It may not be of importance to you, but setup an LLC will/may shield the business liability from your personal liability.


      PS: im no layer or legal counsel in any way, just personal experience.
      Love my brass ... Love my SSR ... Hard choices ...

      XEMON's phantom double sided feed
      Keep your ATS going: Project rATS 2.0
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        #4
        Hey bud - I had the same convo with myself last year. My reason was more about risk & tax laws (they already changed in my state) but, end outcome is the same inn't it.

        A few musings:
        I assumed tehre was more to "being a business" myself, there really isnt at the base level.
        - If you file a Schedule C in your 1040, you're a sole proprietor business in the eyes of the IRS. This may be good enough. You might already BE a business? I was, apparently....
        - I see most of my peers doing LLC. A close friend doing a S-Corp LLC even. I didn't see the need; sole proprietorship filing is fine for me. I don't see big liability risk in what I do. Also in my state, such incorporations create additional tax burdens.
        - I hate hiring out for anything but, I have started using a tax guy with small biz experience for tax filing. Get a pro to help you navigate, and more importantly maximize filings/writeoffs

        Action items:
        - Get a EIN (tax ID) it's free and easy, takes 5min.
        - Isolate all money flows. Open up a business bank account and seed it, get a matching debit, a separate paypal & venmo, etc. And stick to this, keep money isolated!
        ------ I went with US BANK as they have a fair all-but-free offering and run a signup promo.

        Good luck, can't wait to see and maybe own

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          #5
          I agree with mueller, you're already a business. The advantage of LLC is that you have a layer of personal protection should someone take one of your parts, do something really stupid, and injure themself. It also makes it easier to open business accounts with banks, avoid paying sales tax on purchases as a reseller, and open distributor accounts.

          ^That is not a recommendation to create an LLC, those are just the advantages in my mind. Disadvantage is that it may increase the amount of scrutiny on your collection of sales tax from purchasers and your taxes in general, plus there's a small cost to creating AND dissolving an LLC. You'll also get a ton of junk mail from folks wanting to sell you business services.

          *I don't know anything and this is not advice*
          My Old Feedback (300+) https://web.archive.org/web/20180112...-feedback.html

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          • XEMON

            XEMON

            commented
            Editing a comment
            With an LLC, you definitely need a PO box ... it's cheap and become business expenses.
            One more layer of insolation 👍

          #6
          Good to know. I have been filing schedule Cs on my taxes the past few years, but I haven't thought about a separate bank account. That's a great idea.
          View my feedback or read about my Virginia woodsball club.

          Let me make you something. I build pneumags, auto-response frames, and wooden pill cases.

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