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I'm a Fashion Designer and looking to register my Business. What type of Business: LLC, Sole Proprietorship or Corporation?

Atlanta, GA |

My business is home based with no employees. I mainly want to sell online and have Events showcasing my work. what do i have to register it under?

Attorney Answers 4


If someone asked you, as a fashion person, whether a particular tie goes with their outfit, you might answer that for free. If someone asked you to design their entire wardrobe from scratch, I think you'd expect to be paid.

This is more like the second than the first. It is a very important question, and one that requires lots of questions on the part of a competent business lawyer to answer.

It is NOT a question that lends itself well to a simple answer on, and certainly not one that will (or should!!) be answered for free.

Answers to legal questions are usually fact-dependent; my answers are general and based on the facts as you describe them and necessarily includes assumptions. More specific answers can be provided only after researching the appropriate law and a comprehensive consultation in which all relevant facts are disclosed. Until both a retainer agreement is executed and we have a consultation, I am not your lawyer and you are not my client. Moreover, I cannot be your attorney unless you are located in Missouri, the only state in which I am licensed. If you are not in Missouri, please consult an attorney in your state for assistance, as my advice may be incorrect or incomplete. This uncompensated answer is provided for informational purposes only, as a free public service; any reliance thereupon is at your sole risk.

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John Joseph Westerhaus

John Joseph Westerhaus


(That said, based on the extremely limited information you provided, I'd spend time focusing on whether a LLC or sole proprietorship is ideal, and drop "corporation" from contention.)


While an LLC is most likely the best choice due to its flexible tax treatment and ease of maintenance, you should speak with a local business attorney to determine which entity and tax treatment is best. Most do not charge for this type of consultation.

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You need to consult with an accountant to analyse the tax consequence of each potential entity.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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If someone came to my office with this type of question, we likely would end up with either an S corporation or an LLC. There is no "best" answer, and what is recommended for you will depend on many factors. Not only will you be registered with the Georgia Secretary of State, but also with the Internal Revenue Service and, for sales tax reasons, the Georgia Department of Revenue. If you do business under a trade name, you will also have to register with your county of residence. You can call our office if you would like to come in and discuss these options.

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