I have tourist visa
Can i have taxID?
Should i set up LLC or just get money from customers and pay taxes?
You have asked a series of questions that are very dependent on your facts. The best way to get accurate answers is to schedule a consultation with an attorney, review all of the facts with him or her and then get an opinion as to your options.
I agree with the previous answer--you have posed many questions that all depend upon a great many facts that are not provided in your question. You need to discuss these things in a face to face consultation with a business attorney in your own county. However, to provide just some general information, you cannot generally run a bakery business out of a residential neighborhood that is not zoned for it. You should check the zoning of the home in which you live and see what the permitted uses are in that zoning classification, and whether a special exception is attainable, or whether in that area mixed uses, such as both residential and business uses, are permitted. Such areas do exist so that is possible. However, running a bakery requires compliance with many health department rules and regulations and it is not as simple as you are assuming. As for whether you should set up an LLC, as a general rule, it is advisable for liability purposes, to create either an LLC or a Subchapter S corporation when you are engaged in a business, particularly one regarding food or personal services. You have numerous challenges in this situation: zoning, potential violation of homeowners association restrictions and covenants, compliance with health department rules and state agencies that govern operation of places that prepare or serve food, potential violation of your visa limitations, etc. Get a lawyer to advise you there in your own county. Trying to set up a business with just the help of this Avvo forum is not sufficient!! Good luck to you.
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I think that the first issue is your immigration designation. I am not an immigration attorney, but I do not believe that you can open a business with a Tourist Visa, and to do so would require some form of a Work Visa. I do believe that a certain investment threshold entitles immigration status to become citizenship, but that amount is in the several hundreds of thousands of dollars, I have even heard, one million dollars. However, I would suggest that you speak with an immigration attorney, first and foremost.
Once you confirm, or deny, your VISA status as allowing you to open a business, if permissable, then you should speak with an attorney who can assist with the incorporation or organization of your business. Regarding that prospect of opening your business, you will need someone to advise you on the type of business to incorporate/organize, you will need to operate your business from a location that affords the proper zoning for you to obtain the proper business licensing. Considering you are planning on opening this business in a house or apartment, if you own the residence, confirming that the Home Owner (HOA) or Condo Association (COA) permits the operation of a business within your residence. If you rent the home or apartment, then you need to review your lease to confirm that opening a business would not violate the terms of the lease. You may need written approval from your landlord. Even if the by-laws of the HOA or COA permit business operation at the residence, city and or county zoning may not permit licensing at that location.
If you are selling to the general public, then you will have to apply for a sales tax identification number with the Florida Department of Revenue, which will require you to collect sales tax, report the sales tax, and collect sales tax to submit to the Department of Revenue each quarter of the calendar year.
Setting up a business is an involved prospect of opening any business, and it would appear that there are many obstacles that you may have to overcome based on your VISA status, and the fact that you want to open the business in a residential unit. You can search for attorneys on Avvo that can assist you with setting up your business, either corporate law or business attorneys.
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