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Utah Business Formation Questions & Answers
1 Answer | Asked in Business Formation and Business Law for Utah on
Q: How do you start a self-employed private service provider?

I would like to start teaching cello but not accidentally commit tax fraud.

Wesley Winsor
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Wesley Winsor
answered on Mar 5, 2024

It's great to hear about your interest in teaching cello! To ensure you navigate this new venture without any tax-related issues, it's crucial to meticulously record all your expenses and income. This will not only help you manage your finances better but also simplify your tax filings.... View More

1 Answer | Asked in Business Formation, Business Law and Government Contracts for Utah on
Q: When referring to a DBA, is there any other legal term that can be used instead of "a company of.."? Like for websites?
Wesley Winsor
PREMIUM
Wesley Winsor
answered on Jan 9, 2024

It seems like you're inquiring about alternative legal terminology for "a company of..." in the context of a DBA, which stands for "doing business as." Just to clarify, a DBA is simply a declared alias that a company or an individual is using for their business activities.... View More

1 Answer | Asked in Business Formation, Business Law and Tax Law for Utah on
Q: Can I start a business entity that offers analytics services for free? Just for experience now, but may charge later on.

Hello! I would like to start a business entity that offers business analytics services and business process recommendations for free. I'm doing this because I want experience doing analytics and consulting not to make money right now. Is there a business entity I can set up that reports no... View More

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Aug 16, 2023

yes, you can provide free services to people. Tax returns are required for businesses and individuals who make income.

A simple business to set up would be a single member LLC.

3 Answers | Asked in Tax Law, Business Formation and Business Law for Utah on
Q: how do I sign on behalf of an LLC if my Scorp is the member?
Michael Ray Smith
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Michael Ray Smith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 17, 2023

Here’s one way, assuming the LLC is member managed:

NAME OF LLC

By its member, Name of Member

By. _________________

Your typed name

Your title

The idea is to make it clear that the member signs on behalf of the LLC and you sign on behalf of the member.

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1 Answer | Asked in Business Formation and Business Law for Utah on
Q: I’d like to know if a company can go after you for essentially doing the same thing that they do?

For example, could Airbnb sue me if I created my own property rental app?

Kenneth Prigmore
Kenneth Prigmore
answered on Jan 30, 2023

The answer depends on a few things. First, if you copy a product, you can sometimes get sued for breach of Patent or Copyright. There are several companies offering similar services, so it is unlikely they could sue you for offering the same or similar services. But if you reverse engineer their... View More

1 Answer | Asked in Arbitration / Mediation Law, Business Formation and Contracts for Utah on
Q: I live in Utah and signed a contract with an LLC located in Nevada. Where do I file for arbitration?

They have not fulfilled their end of the contract and now owe me $12,000. They are no longer answering my messages and I would like to get this money back as soon as possible.

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Nov 21, 2022

You will first need to look to the contract provisions to see what they say about arbitration. If the other party is nonresponsive, then you could likely set up the arbitrator, give them notice of the time and place of arbitration and if they don't show up then the arbitrator can give you a... View More

1 Answer | Asked in Business Formation, Business Law and Tax Law for Utah on
Q: I want to register an anonymous business in Wy, then in Ut where I live. When I register in Ut, will I lose anonymity?

I have an e-learning business. I want it to remain as anonymous as possible. So I plan on registering in Wy. I do all the work out of Ut, which means I probably need to register here as well.

1. Do I need to register in both states if I do all the work in Utah, or can I just register in... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Jan 25, 2022

It is not necessary to register in two states. In Utah, you can register a new business without revealing the names of the owners. To do this, you will need help from a third party like an attorney or registered agent services.

The newly created company will need an address, contact info,...
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1 Answer | Asked in Agricultural Law, Business Formation, Business Law and Communications Law for Utah on
Q: Threaten me with a cop to my house

I used to asked for a ride for about a week to this lady about 56 she said yes I them needed another ride for two weeks I asked she said yes. I willingly start giving her money for gas so I won’t feel bad even though it is on the way. We started being friends and started going out after work... View More

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Oct 22, 2021

No,

If anything, this would be a civil matter. A cop will not get involved in this capacity. If she feels her claim is strong enough, she will sue you. Until then just ignore it and or block her number if she continues to harass you.

I hope this helps.

Wes

1 Answer | Asked in Business Formation for Utah on
Q: How do I acquire an abandoned patent? I need this patent for my company
Kenneth Prigmore
Kenneth Prigmore
answered on Sep 21, 2020

You will need the help of a Patent Attorney. A google search will bring up several.

1 Answer | Asked in Business Formation and Business Law for Utah on
Q: Which business structure should I choose?

A close friend and I are trying to start a business. It's based around an iOS app with services in the Pet Industry. We are trying to choose a business structure, and are unsure of which to pick. We are currently looking between an LLC or LLP. Is this the right choice for us?

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Jun 5, 2020

LLC's are simpler. Unless you need to split up liability between you and your friend or one of you is only a passive investor, I would recommend an LLC.

2 Answers | Asked in Business Formation, Business Law and Gov & Administrative Law for Utah on
Q: Wondering if starting a website geared to provide information about state boards and their licensing processes is legal?

I am about to launch a website that will help Physician Assistants and Nurse Practitioners get the information they need/want to help with the medical license processes. I have been working at a medical staffing firm for a while and I have some great inside knowledge about these processes, but I... View More

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Mar 29, 2019

Hi,

I like what you are doing. If your question is whether or not you are committing some sort of crime by posting information regarding how to get licensed, the answer is no. Even if your information is false, there is no crime to publishing false information although it would be highly...
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1 Answer | Asked in Business Formation for Utah on
Q: I have a simple business question:

I live in the state of Utah. My father owns an online store called the root beer store. My mother made him close is 5 locations and only operate online. I wish to open up a location and add pizza. With my OWN LLC, insurance, lease agreement, website, etc... everything separate I would like to call... View More

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Jan 4, 2019

Hi,

Sounds like a great place to eat. If the only thing you share is the recipe for the rootbeer, your father has nothing to worry about.

I would imagine that you will want to capitalize on some of the brand awareness that your father has. I would set up a licensing agreement...
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1 Answer | Asked in Business Formation, Copyright, Entertainment / Sports and Trademark for Utah on
Q: Hello, Can you me setup an entity like Hot Pancakes has with Bella Forrest and maintain privacy for my author business?

I am the only person in my business and I really want to keep it that way. If possible. I am using ghostwriters to create the books. I handle everything else.

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Jan 4, 2019

I am sorry, I do not understand your question. Please explain more.

Wes

1 Answer | Asked in Real Estate Law and Business Formation for Utah on
Q: When starting a Real Estate business involving flipping houses will an LLC do, or should we look into an S Corp? Thanks

We are looking for the best asset protection vehicle for this venture. Thank you.

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Dec 29, 2017

First off, the big difference between LLC's and S Corps are the way that they are taxed and the formalities that have to be observed. They both offer the same liability protection. Some attorneys may argue that LLC's are relatively new and because they are relatively new, the body of... View More

1 Answer | Asked in Business Formation for Utah on
Q: I'm a sole proprietorship and registered my DBA. I sell pottery online. Where do I file for a sales and use number?

I have no employees and work out of my house.

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Nov 1, 2017

Here is some information:

http://tax.utah.gov/sales

1 Answer | Asked in Business Formation for Utah on
Q: if i already registered as a DBA do I still need to register with the state and get a tax #.

I just registered with the county for a business license and I have an IRS tax ID now

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Nov 1, 2017

If you registered a DBA you probably registered the DBA with the state. I don't know where else you would have registered. If your company is a sole proprietorship, then you don't need to another EIN you will use your social security number and just fill out a schedule C with your 1040.... View More

1 Answer | Asked in Business Formation for Utah on
Q: Is it ever a good idea to create an LLC if multiple family members want to purchase property and build on it (we don't

necessarily want to form a business)?

Wesley Winsor
PREMIUM
Wesley Winsor
answered on May 9, 2017

An LLC is good for liability protection. If you feel like it is too much risk when there are several owners and their guests on your property, then it would be a good idea to create an LLC. This would limit your exposure to the assets of the business.

A second reason you might want to...
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1 Answer | Asked in Business Formation for Utah on
Q: I would like to start a business for back scratching in Utah. Do I need any special lisencing?
Wesley Winsor
PREMIUM
Wesley Winsor
answered on Apr 28, 2017

Is this an April Fool's joke? Probably, but I will play along. As long as you are trying to be a chiropractor or market that your services are medical services then you probably won't need anything except for a normal state business license and one for your city if it requires one.

1 Answer | Asked in Business Formation for Utah on
Q: I am looking to start a business to bring boardgames only available in Europe to the North American market.

I plan to do this through acquiring exclusive distribution rights with European gaming companies. What kind of lawyer should I be looking for? Any help would be greatly appreciated. Thanks!

Adam Studnicki
Adam Studnicki
answered on Feb 6, 2016

A business lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a...
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