INFORMATIONAL MATERIAL TENNESSEE SMALL BUSINESS DEVELOPMENT CENTERS CLEVELAND STATE COMMUNITY COLLEGE 3535 ADKISSON DRIVE, CLEVELAND, TN 37312 TECHNOLOGY BUILDING, ROOM 126 PHONE: 423-478-6247 FAX: 423-478-6251 WWW.SBDCEMPOWERS.ORG The Tennessee Small Business Development Center Network is funded in part through a cooperative agreement with the U.S. Small Business Administration. Additional funding is provided by the Tennessee Board of Regents and the State of Tennessee. All opinions, conclusions or recommendations expressed are those of the authors(s) and do not necessarily reflect the view of the SBA. All TSBDC programs and services are nondiscriminatory and available to individuals with disabilities. For special needs, please contact the TSBDC at (423) 478-6247 two weeks prior to an event for which you would like to register. Formulating & Evaluating Your Business Concept: What business are you in? Researching the following web sites could prove helpful: http://www.sba.gov http://www.toolkit.com http://www.tn.gov http://www.tech2020.org Ask yourself…. What business am I in? What are my goals and objectives? Can I reach them? What products and services will I offer? What are the needs my products and services meet? Who are my target customers? What are the characteristics of my “ideal” customer? What benefits will my customers get from my products and services? What needs do my products and/or services fulfill? What makes my products and services unique to my customers? What will the customer pay for my products and services? How big is my trade area? How will I reach, recruit, and retain my customers? How much demand is there for my products and services? Am I capable of delivering the service? Producing the product? How much of the market can I capture? Where will I locate my business? So you must do a lot of research… Visit the Business Resource Center of the TSBDC for reference material, guides, and assistance on researching your market and business Consider the following ways to research your market: Interview potential customers Observe your competitors Visit competitors that operate outside your target area and be observant Talk to existing or previous business owners Talk to trade buyers or suppliers Read trade publications Visit websites of competitors SITES FOR SMALL BUSINESS ASSISTANCE TSBDC – Cleveland US Small Business Administration TN Small Business Development Centers Small Business Development Centers Small Business Legal Guide Low cost corporate/LLC filings online SBA financing your business/loans Federal grant resources Entrepreneur Magazine’s Small Bus. Online Inc. Magazine’s Small Business online Business Week online Business plans by Business Plan Pro http://www.sbdcempowers.org http://www.sba.gov http://www.tsbdc.org http://sbdcnet.org http://smallbusiness.findlaw.com http://mycorporation.com http://www.sba.gov/financing http://www.sba.gov/expanding/grants.html http://www.entrepreneurmag.com http://www.inc.com http://www.businessweek.com/smallbiz http://www.bplans.com DEMOGRAPHIC INFORMATION US Census Easi Demographics Maptitude Demographics New Strategist Demographic Books http://www.census.gov http://www.easidemographics.com http://www.caliper.com http://www.newstrategist.com IRS INFORMATION Internal Revenue Service Small Business IRS Forms/Publications http://www.irs.gov/smallbiz http://www.irs.gov/formspubs FOR PATENT AND TRADEMARK US Patents and Trade Marks Office Trademark Center US Copyright Office http://www.uspto.gov http://www.tmcenter.com http://www.loc.gov/copyright FOR OTHER REQUIREMENTS AND INFORMATION US Citizenship and Immigration Services Business forms “Lectric Law” legal forms and help Mobile credit card processing http://www.uscis.gov http://findforms.com http://www.lectlaw.com http://squareup.com SBA WEBSITES FOR SMALL BUSINESS http://www.sba.gov SBA LOAN PROGRAMS http://www.sba.gov/financing FEDERAL ASSISTANCE PROGRAMS 8(a) Business Development Program HUBZone SUB-Net Small Business Investment Com. (SBIC) USDA Loan and Grant Programs http://www.sba.gov/8abd/ https://eweb1.sba.gov/hubzone/internet http://web.sba.gov/subnet http://www.sba.gov/content/sbic-program-0 http://www.rurdev.usda.gov/rbs/busp/bprogs.htm WEBSITES FOR DOING BUSINESS IN TENNESSEE: http://tn.gov Tennessee Small Business Development Centers Cleveland State Small Bus. Dev. Center Economic Community Development SBDC International Trade Center TN Secretary of State TN Business Name Search TN Fee Schedule for Corporations, LLC and Partnerships TN Dept. of Revenue Sales and Use Tax Guide TN Trademarks Information TN Division of Regulatory Boards TN Dept. of Labor and Workforce Development TN Workers Compensation TN Unemployment Services TN Worker’s Comp., Unemployment Insurance Forms TN New Hire Reporting UT Center for Industrial Services and the Tennessee Manufacturers Extension Program http://www.tsbdc.org http://www.sbdcempowers.org http://www.state.tn.us/ecd http://website.iexportimport.com/ http://www.tn.gov/sos http://tnbear.tn.gov/ECommerce/NameAvailability.aspx http://www.state.tn.us/sos/forms/corpfeeschedules.pdf http://www.state.tn.us/revenue/taxguides/salesanduse.pdf http://state.tn.us/sos/bus_svc/trademarks.htm http://tn.gov/commerce/boards/index.shtml http://www.state.tn.us/labor-wfd http://www.state.tn.us/labor-wfd/wcomp.html http://www.state.tn.us/labor-wfd/esdiv.html http://www.state.tn.us/labor-wfd/mainforms.html http://www.tnnewhire.com http://www.cis.tennessee.edu/ FORMING YOUR ORGANIZATION WHAT LEGAL FORM IS BEST FOR ME? One of the first executive decisions you’ll make for your new business is deciding what type of business organization is best for you. Listed from the simplest to the more sophisticated, the four types are: SOLE PROPRIETORSHIP is a business with one owner and the most common. A business organized as a sole proprietorship is not separate from its owner, but merely a different name with which the owner represents him/herself to the public. The owner is the business and the business is the owner. They’re inseparable. Thus, a sole proprietorship is known as a pass-through entity. This means that all income and expenses pass through to and are filed as part of the owner’s personal tax return. If there is a business loss, the owner will enjoy a deduction to offset personal income. However, if the business makes a profit, the owner is responsible for any taxes due. With few legal requirements, sole proprietorships are easy to form and operate. They can also be more affordable since no legal documents need to be filed in most cases. Basically all one has to do to form a sole proprietorship is get a business license and begin operations. Although the sole proprietorship does have the advantage of simplicity, the negatives can steer entrepreneurs away from this form of business organization. The disadvantages of a sole proprietorship stem from its very nature – the business and the business owner are inseparable. This leads to three potential problems. First, owners can lose some lucrative tax-free fringe benefits because they cannot participate in company funded employee benefit plans like medical insurance and retirement plans. Second, whoever sues the business actually sues the owner. The owner’s personal exposure is unlimited. Finally, the business owner is personally liable for the debts of the company, and unfortunately, personal assets can be taken to pay company obligations. PARTNERSHIP is similar to a sole proprietorship but has two or more owners and is not a separate legal entity from its owners. Unlike the sole proprietorship however, the partnership can hold property and incur debt in its name. In general, the partnership shares the same advantages and disadvantages as the sole proprietorship. However, the partnership has an additional drawback. A partner can be held liable for the acts of the other partners, increasing personal liability. Tax treatment of the partnership is also slightly different. Although it is a pass-through entity and does not pay its own income tax, the partnership does file an informational tax return with the IRS. The pro-rata share of its income and expenses are shown on each partner’s personal return. Taxes due are paid by the partners. CORPORATIONS were conceived to solve the typical problems of the partnership. Incorporating allows a group of entrepreneurs to act as one, much the way a partnership does, with one important advantage. Since the corporation is a separate legal entity capable of being sued, it can protect its owners by absorbing the liability if something goes wrong. In recent years, the corporation has developed as a a tax reduction and planning tool. A corporation is essentially an “artificial person” created and operated with the permission of the state where it is incorporated. It is a person like you but only on paper. A corporation is brought to life when a person, the incorporator, files a form with a state known as the articles of incorporation. The owner of a corporation is known as a shareholder. Since a corporation is a separate legal entity, the corporation actually owns and operates the business on behalf of the shareholder, under the shareholder’s total control. This separation provides a legal distinction between the owner and the business and provides three important benefits. First, it allows you, the owner, to hire yourself as an employee (typically as the president) and then participate in company funded employee benefit plans like medical insurance and retirement plans. Second, since you and your company are now two separate legal entities, lawsuits can be brought against your company instead of you personally. Third, when debt is incurred in the company name, a separate legal entity, you are not personally liable and your assets cannot be taken to settle company obligations. S CORPORATIONS are the same as any other business corporation with one important difference – the IRS allows it to be taxed like a partnership, a pass-through entity. When business corporations are created, they are all regular “C” corporations. This special filing status is elected by filing the IRS Form 2553. Many people begin corporate life as an S corporation when there are losses to offset their “paycheck” income and then revert to Corporation status when the corporation begins to make taxable profits. It is important to remember that being an S corporation is a tax matter only. LIMITED LIABILITY COMPANIES are the newest form of business organization. Available in 49 states, it is a hybrid entity that blends favorable aspects of the corporation and partnership. The LLC features pass through taxation of the partnership and limited liability of the corporation. You may choose to see it like this – the LLC is a partnership that offers the limited liability protection of a corporation. Or conversely, it is a corporation that is taxed like a partnership. Yes, it is much like an S corporation without the shareholder limitation. The limited liability company is a promising type of business entity, but it does have a couple of disadvantages. First, its newness means that law regarding the LLC is still evolving and some issues regarding its operation remain unsettled. Also, if the LLC is taxed as a partnership, business owners will lose some company-funded benefits. SELF-ASSESSMENT: DO YOU HAVE THE RIGHT STUFF? The following website may prove helpful in your self-evaluation: http://www.sba.gov/starting_business/startup/areyouready.html Ask yourself these important questions! How will my business affect my family? How much of my personal resources am I willing to risk? Do I have the physical stamina to run a business? Do I have the emotional stamina to run a business? Is my drive strong enough to maintain my motivation? Am I a self-starter? What are my objectives? What are my goals? Are they attainable? (Identify 5) How will I know I have attained my goals? What skills and experience do I bring to the business? How well do I plan and organize? How good am I at decision-making? Do I get along with different people/personalities? Am I a good listener? Do I listen to “respond” or to “identify” needs? What customer need will my product or service fill? Do I understand the relationship between product cost, price, and value? Do I understand the various operations needed to conduct my business? Why do I think I will be successful in my business? What is my exit strategy? Whom do I want on my advisory board and why? Compile the following: Credit report: http://www.myfico.com http://www.consumer.ftc.gov/articles/0155-free-credit-reports Ask yourself: Do I need to improve my credit rating and how? Tax filings for the last 3-4 years Current/updated resumé List of assets and value/documentation List of liabilities/documentation BUSINESS PLAN OUTLINE There are no hard-and-fast format requirements for a business plan. The length and the content will vary depending on the complexity of the business and the market. The following is a typical format that is effective for both startup and expanding businesses. EXECUTIVE SUMMARY Key elements of the business plan in one or two pages Brief description of the business and the market Brief description of the management team & related experience Summary of financial projections Amount of investment requested, the form and how the proceeds will be used PRODUCTION Facilities and equipment required Capacity and output targets Sources of raw material and supplies Labor requirements – skills, numbers, unions Outsourcing or subcontracting considerations Quality control and customer service Packaging and shipping COMPANY AND INDUSTRY DESCRIPTION The concept – what is the product and/or service Principals and the roles they will play Legal form of business Short-term and long-term goals History of the industry Number and kinds of firms in the industry Major influences, government regulation, etc. PERSONNEL Individuals responsible for finance, marketing, production and management Who is accountable to whom Anticipated needs for additional personnel Personnel policies MARKETING Description of market – size, growth rate Description of the segments to be pursued Who makes the buying decision and on what basis – price, service, features, etc. Comparison of important aspects of the product with the principal competitors – price, service, features, etc. What are the key competitive advantages? Marketing schedule – who is to do what by when and the projected cost Results expected and contingency plans FINANCE Include underlying assumptions, i.e.: continuation of trends, competitors’ responses, technologic changes, customer needs, etc. A. Funding Request Desired financing – sources of funds/uses of funds Future financing B. Past & Current Financial Statements Profit & Loss Balance sheet Cash flow Personal Financial Statement COUNTY CLERK’S OFFICES Bradley County County Clerk: Donna Simpson 155 Ocoee St., Room 101 (Courthouse) Cleveland, TN 37311 Phone: (423) 728-7226 Fax: (423) 478-8845 Hours of Operation: M-Th, 8:30 a.m. - 4:30 p.m.; Fri., 8:30 a.m. - 5 p.m. McMinn County County Clerk: Evonne Hoback 5 South Hill St., Suite A Athens, TN 37303 Phone: (423) 745-4440 Fax: (423) 744-1657 Hours of Operation: M-F, 8:30 a.m. - 4 p.m.; Sat., 8:30 a.m. - noon Meigs County County Clerk: Janie Myers 17214 State Highway 58 N. Decatur, TN 37322 Phone: (423) 334-5747 Hours of Operation: M-Tu & Th-F, 8:30 a.m. - 4:30 p.m. (Closed Wed.); Sat., 8:30 a.m. - noon Monroe County County Clerk: Larry Sloan 103 College St. S., Suite 1 Madisonville, TN 37354 Phone: (423) 442-2220 Fax: (423) 442-9542 Hours of Operation: M-Tu & Th-F, 8:30 a.m. - 4:30 p.m.; Wed. & Sat., 8:30 a.m. - noon Polk County County Clerk: Angie Sanford P.O. Box 158 6239 Hwy 411, Office #102 Benton, TN 37307 Phone: (423) 338-4526 Fax: (423) 338-4551 Hours of Operation: M-F, 8:30 a.m. - 4:30 p.m. Chambers of Commerce Athens Area Chamber of Commerce 13 N. Jackson Street Athens, TN 37303 Phone: 423-745-0334 Fax: 423-745-0335 www.athenschamber.org Cleveland/Bradley Chamber of Commerce 2145 Keith St. P.O. Box 2275 Cleveland, TN 37320 Phone: 423-472-6587 Fax: 423-472-2019 www.clevelandchamber.com Etowah Area Chamber of Commerce L&N Depot P.O. Box 458 Etowah, TN 37331 Phone: 423-263-2228 Meigs County – Decatur Chamber of Commerce P.O. Box 1301 Decatur, TN 37322 (423)334-5496 meigstnchamber@gmail.com http://www.meigscountytnchamber.org/ Monroe County Chamber of Commerce 520 Cook St Madisonville, TN 37354 (423) 442-4588 www.monroecountychamber.org/ Polk County Chamber of Commerce Phone (423) 338-5040 or 1-800-633-7655 e-mail: westoffice@ocoeecountry.com P.O. Drawer 560 Benton, TN 37307 Location: 1697 Highway 64, Benton, TN 37307 www.ocoeecountry.com