How to Register a Business (in 5 Easy Steps)
April 20, 2022
April 20, 2022
One of the most challenging aspects of starting a business is the step or small business registration. It involves multiple local, state, and federal organizations to register a company, but UpFlip is here to make it easy to understand how to register as a small business.
We walk you through the steps to verify a business name, choose a business structure, how to register a small business as a limited liability company, and how to register your business with the IRS to get an EIN.
Before we begin, I think it’s important to discuss the Small Business Administration.
The Small Business Administration office is the best place to go to get a good introduction to your county or city governments’ requirements for business licensing. When we were living in Texas, my significant other was able to have them help her with the formation of her business without charging extra.
They offered an in-person class that went through the specific requirement for registering separate entities, the business’s legal requirements that would need to be met, and what local government websites or offices to use. She found it much easier than when we created businesses in other locations.
In addition, they will often offer classes to help make you a better business person. If you are starting your first business, I would strongly recommend going to talk with them first. Alternatively, you can check out our guide on how to get started.
Let’s get into researching if the legal business name is available.
The first step to register as a small business is to verify the business name is available. You’ll perform this step of registering a business name online with your state’s business license search.
The picture below is for Washington’s business license search, but you can find where to search your state’s business licenses by searching “my state’s business license verification.”
Most states will let you search registered small business names by related topics including:
For this scenario, you just want to use the business name. Put in the company name. I used the name “Super Awesome Clothes,” verified that “I am human” and pushed the search button. This confirmed that the name is available in Washington. See the screenshot above.
You also want to check domain availability on Name Cheap. In the picture above, SuperAwesomeClothes.com is available for $1,800 a year, which seems outrageous to me. The price is that high because someone wants to make a profit from it.
I could buy SuperAwesomeClothes.clothing for $3.48 per year which is reasonable. That sounds like an awkward domain to remember so I checked to see if SuperAwesome.clothing is available for the same price. It is so we’ll buy it and go back to register the business with the state.
The most common business structures are limited liability companies, limited liability partnerships, corporations, sole proprietorships, and partnerships. Choosing which one you want is fairly simple. Ask yourself these questions to decide which will work best?
Every type of business entity, except for sole proprietorships and general partnerships, is considered a separate legal entity, which means:
Most business structures allow pass-through income, meaning the business income counts as personal income, but a C-Corp has to pay taxes on income separately from personal income.
A limited liability corporation can choose whether they want to adopt the corporate tax code, but the default business structure is as a pass-through entity, meaning their owners only have to pay federal tax with their personal income.
Registering a business will be slightly different for each type of business, but to help you best understand how to set up a business, we are going to use a limited liability company to walk you through the registration requirements.
The process will normally involve several state agencies and federal government agencies. The most common agencies you will have to interact with during the business registration process include:
If you’re wondering how to register a business name for free, there aren’t many options. When I was researching how to register my business name in 2017, I found Nevada allows sole proprietorships to register for free, but it is under the person’s name.
If a prospective business wants a fictitious business name, commonly referred to as DBA (Doing Business As), it will cost extra. Some states include it in the costs to obtain business licenses or business structures, but some will also charge for it separately.
This section will walk you through how to start a limited liability company in the State of Washington. There will be some notes throughout regarding other types of business structures and different states because it is hard to create a one-size-fits-all blog for 50 states plus Washington DC. We’ll be adding more state specific blogs in the future.
Depending on the state, you may need to register for an account with the website before beginning. That was the case in our example using Washington to register a limited liability company.
The next step in the business registration process is to sign up for an account with the appropriate Secretary of State Office. Here is Washington’s SOS, but you can find others on USA.gov.
It takes approximately five minutes to set up, requires verifying email, and then takes you to a page that looks something like the picture below once you can sign in.
We want to register your business, so we’ll choose that option, which is the 6th option on the left-side menu. This takes you to a page that asks if you are going to be a Washington-based business owner or one from another state or country.
Because most business owners using this guide will conduct business in their home state, we’ll register as a Washington business for this example. After you make that decision, it will ask you to choose from 11 business structure options, which you can see in the picture below. If you aren’t sure which to choose, read our article about how to choose a business structure.
For this example, we’re going to choose a WA Limited Liability Company and defer the initial report for 120 days.
The following questions will be asked when registering a business in the application:
After you add all the information to the page, it gives you a chance to review it on the next page. Then to check out. You’ll want to check out, which in this example would be $200.
Once you have paid, it will be two days, according to this site, for the business structure to be approved or request more information. Once the business structure is approved you will have a UBI that you can use to get:
Then you’ll need to get an employer identification number.
Before we begin, it is important that you have everything prepared before you start this step.
The application has to be done in one sitting.
It cannot be saved. The IRS says you need to understand the following items before you register your business:
If you need more than one EIN for companies controlled by the same person, it will take multiple days due to the one EIN per day per person limit.
You can start the EIN application on the IRS website. Once you click the “apply now” button, you’ll be directed to the screen below. Remember to read and accept the conditions. Then continue.
The first question that the system will ask is about the business structure. I chose LLC because it is the most common, other than a sole proprietorship.
Then, it gives you some information about an LLC.
On the next page it will ask:
Answer them, and it will provide some information about the business structure. In this example, I used one member and it informs us that we can not be a partnership, but that we can file a Form 8832 to be taxed as a C-Corp or Form 2553 to be taxed as an S-Corp. I have provided links to both forms.
Then, the system will ask why you need an EIN.
Next, it will ask for your name, SSN, or ITIN of one of the owners, or a third party. Input the information.
Then, it will ask for the address of the LLC and if you want the mail to be sent to a different address. Input the information based on your LLC.
Then it will ask about the LLC name, and where it is located. Answer them.
On the next page it will ask the following questions:
Under most scenarios, I would expect the answers to be “no” except for the last question. If you are engaged in those fields, there will be other requirements, which you can find by searching: “IRS special requirements for businesses that involve (gambling, vehicles over 55,000 pounds, alcohol, tobacco, firearms)”.
Each one you select will have a page like the one below that I marked for the number of employees Super Awesome Clothes LLC will have in the next year.
Then, the system asks “What does your business or organization do?” Depending on your answers, the pages after this one will change. I chose retail, then clicked next.
The next step is for you to answer what type of retail, online, storefront, auction house, direct sales, or other. If you will be doing more than one under the same business name select “other “and list the ones the business will engage in.
At this point, you will choose how you want them to provide the EIN. You can choose electronically or by mail. Whichever you choose, the next step is important.
After you complete the previous steps, the system will give you an opportunity to review the information. If everything is correct, click submit and the system will provide your EIN.
When you get documents from each of the agencies, it is important to print them out and save both a physical and electronic copy. I would suggest posting the legal documents in a frame on the wall in your business because some are required to be publicly viewable. I would also suggest saving them in a cloud platform like Google Drive.
Now you know how to register an online company or brick-and-mortar store. Don’t forget to buy business cards! Check out our business card reviews.
The process for where to register a business name has never been easier because your state’s office probably upgraded their systems because of the pandemic.
If you need to register a new business and have difficulty locating your local requirements after using the site USA.gov, ask our preferred partner, Better Legal to help. They help set up small businesses as LLCs and C-Corps all day long and offer $30 off to UpFlip readers when they need to register a new business.
As we produce more content, we plan to start doing more state-specific blogs based on the results of our analytics software and readers’ requests. If you went through the process as you were reading this article, what state are you registering your business in? Did you find the process easy or difficult?
Brandon Boushy
"Approximately half of all deals fall apart during the formal due diligence stage, and one of the most common reasons this happens is due to the buyer uncovering an issue which the seller did not disclose earlier."
"...we observed that the value of a firm is a function of three variables—its capacity to generate cash flows, its expected growth in these cash flows, and the uncertainty associated with these cash flows."
Ever wondered how to start wholesaling real estate?
Todd Baldwin started Baldwin Capital by buying new homes and renting them out—then quickly realized he could make way more money with wholesale property. Today he brings in about $15K/month renting rooms and nearly $2 million annually.
Todd explained to us his wholesale real estate strategies that you can duplicate to make millions with just a few real estate transactions per year.
[su_note note_color="#dbeafc"]
By the time you’re done reading this blog, you’ll be ready for your first wholesale real estate transaction. Click on any of the links below to jump ahead.
Want to learn all about wholesale real estate? Maybe you’ve asked some of these questions: What is real estate wholesaling?, What is wholesaling real estate (RE)?, Wholesale Definition?, Wholesale Meaning? What is Wholesale?, Wholesaler definition?
Real estate wholesaling is the process of finding sellable homes that aren't on the market, negotiating to find a seller, and making a profit by selling to a real estate investor before a certain date.
Real estate wholesaling may be focused on:
Todd Baldwin told us:
[su_quote]The main thing you need to close a wholesale real estate deal is a long list of people looking for other real estate investments.[/su_quote]
A real estate wholesaling business is a real estate investing strategy that people will commonly use when they don't have the funds or credit for real estate investing but want to get into the real estate industry.
Real estate wholesaling requires a bit of creativity when it comes to NAICS. Depending on how you operate within the real estate market, you might fall into the following categories:
• 531390: Real Estate Management and Consulting
• 53121: Real Estate Sales and Brokerage
• 425120: Wholesale Trade Agents and Brokers
If you are a licensed real estate agent, you might want to stick with the 53121 NAICS classification.
Otherwise, use classification 531390. Wholesale real estate would fall into the subcategory “other” in the IBIS database. From those figures, we know that this industry’s revenue was nearly $3.7 billion in 2021 and is expected to grow 1.8% per year until 2026.
You'll find it difficult to find exact data on wholesalers, but these are the largest wholesalers online:
Like Keller Offers, many major players in Real Estate Sales and Brokerage have divisions that are similar to wholesalers and house flippers.
The real estate industry has a variety of views on real estate wholesalers. They are effectively competing with real estate agents because real estate wholesalers pursue home buyers to help them sell homes.
Some agents love the wholesale real estate business because it provides another opportunity to increase their revenue. Todd falls into this category. He told us:
[su_quote]I make a lot more money through the wholesaling process! It’s nearly 100% profit. I’ve made up to $50K in 4 hours.[/su_quote]
Other real estate agents don't like wholesale real estate strategies because wholesalers primarily sell to real estate (RE) investors who are cash buyers looking to drive up local market prices by providing long-term or short-term rental properties.
Todd told us:
[su_quote]I made a commitment when I started renting homes that I would never raise rents on people. Today, I rent some spaces for less than half of the current market value. I still make $700 to $1,300 per room, though.[/su_quote]
Check out our interview with him below.
[su_youtube url="https://www.youtube.com/watch?v=jeO1dIv5k5k"]
Unless they’re house flipping, which involves buying and fixing up a distressed property, real estate wholesalers don't actually buy properties. Both wholesalers and house flippers might do repairs before the property sells, but the wholesaler has a much shorter time to find potential buyers.
When the wholesaler sells the property, they will make their profit based on the difference between the contract price + repair value and the fair market value. Flipping houses works the same way but can be a more lucrative business because flippers can rent out the property as well.
Another wholesaler, Santino Fillipelli, does a little bit of both wholesaling and house flipping. He will occasionally be a wholesale buyer if the property looks like something he can repair with one of his construction companies. He told us:
[su_quote]Basically, we look at, first of all, [and ask] 'What are the margins here?' If this looks like it's a property where we're not gonna hit that $50,000 mark but we see that it's a really good area and there's a lot of people coming in, good tourist attraction, basically we say, ‘Let's turn this into an Airbnb.'
But if we say, ‘Hey, we can make $100,000 off this in five months,' that's not bad. We'll take that. So, it just depends. Interest rates play a role as well.[/su_quote]
A wholesaling business is highly beneficial for several reasons:
So, what kind of risks are there when working with distressed properties?
Some of the risks of becoming a real estate wholesaler include:
• You might not find an end buyer
• Often takes time to become profitable
• Lots of research and math
• Lots of networking (or SEO for virtual wholesalers)
• Difficulty finding motivated sellers
• Inability to gain access to the property
• Fewer revenue options than other real estate investors
• Short contract duration
You might want to consider whether you are a prolific networker. Todd told us:
[su_quote]I like to look for real estate transactions in up-and-coming neighborhoods. Distressed properties may have a low market value, but if the property’s fair market value isn’t likely to increase, it might not be a great deal.[/su_quote]
Like any real estate job, real estate wholesalers rely on their people skills to find and close wholesale deals. Having solid communication skills to win over potential sellers and buyers can be crucial in this business.
If you're wondering how to get into wholesale real estate, consider these basics:
Get ready to learn how to wholesale real estate as we further break down this process.
Santino described the process like this:
[su_quote]1. The first thing you wanna do is figure out how your risk tolerance is gonna be. Do you want to pay everything (in) cash? Do you wanna finance it? Where is your money [coming from]?
2. And then after you figured that out, I would begin to look for a deal. I would start out really small and start to leverage.
That would be my best advice to leverage early on. That way you're not risking a lot of your own money. That's the way I started. And for me, that was something that was really great.[/su_quote]
He explained that the leverage he uses to grow his business limits his losses to an original $6,000 investment and a bad credit score.
That's a bit oversimplified because most businesses rely on some extra steps. You'll want to:
1. Develop a list of cash buyers.
2. Form the business.
3. Create websites and social media.
4. Create a wholesale real estate contract template.
5. Identify opportunities.
6. Reach out to the property owner.
7. Sign a wholesale real estate contract.
8. Submit to escrow.
9. Close the deal.
Let’s look at each step of how to wholesale houses and other discounted property listings.
A successful real estate wholesaler needs relationships with potential cash buyers. You’ll want a cash buyer who is looking to invest before you start entering wholesale real estate transactions. You'll want to network with:
Todd explained:
[su_quote]I have a list of 15,000 RE investors that could be potential cash buyers for an investment property.[/su_quote]
Look for people buying properties at places like:
Next, you’ll want to create a business entity to keep your personal finance and business finances separate.
Before you start trying to approach homeowners of off-market properties, you'll want to form a business as either a limited liability company or corporation with your Secretary of State Office (SOS). This isn't absolutely required, but it will make it easier to find deals if you are a registered professional.
Also, remember to check if you need any local real estate or business licenses. Wholesaling laws vary from state to state, so check with your local business offices.
Most states don't require a wholesaler to be a real estate broker, real estate attorney, or real estate agent to get involved in real estate wholesaling, but you will have to describe yourself as a marketing company that helps buyers find, not sell, properties.
The following locations (and possibly others) have written laws regarding real estate wholesaling licenses:
Make sure you check with your local county clerk or business office to make sure there are no other requirements.
All states have different laws. Some states may require a business license to negotiate a wholesale deal, others may require a RE Agent or Broker License, and others do not require any licensing. You may be required to pay income taxes or business taxes depending on your state. You'll need to check on your state SOS website.
If you are wondering about the real estate agent license, Oklahoma, Illinois, and Philadelphia definitely require one. Other states may create wholesaling laws in the future.
Now that you’re up to date on licensure, one wholesale real estate strategy you’ll want to use is creating a website and social media.
Wholesale RE investors will need a website and social media presence to look professional when they're working on a wholesale deal. Without it, how will potential buyers or someone with a wholesale property find you?
When you wholesale houses online, having a website helps you find more cash buyers who can afford the upfront investment with less money going to direct marketing costs.
Todd told us one of the things that makes him different is that he is a social media fanatic. He shares key takeaways so property owners can benefit from each wholesale real estate deal he makes.
Check out our blog on how to build a website to learn how to create your own or hire a website builder on Fiverr.
Every wholesale real estate transaction is effectively two deals: one between you and the property owner and the other between you and the end buyer. Wholesale real estate contracts are necessary for every deal.
You'll want a purchase contract and a seller contract. There are three types of real estate wholesaling contracts:
A real estate wholesaling assignment contract is a contract where the wholesaler sells the right to purchase the house to an interested buyer. It includes a wholesale fee that is in addition to the price the homeowner agreed to sell the house.
You can download a free printable real estate wholesale contract template PDF online. Make sure to consult a licensed attorney in your state to verify that the template you develop is legally binding.
You will need this contract in conjunction with a wholesale real estate purchase agreement contract, which we'll discuss next.
A purchase agreement is a contract that can be used for wholesale deals between the motivated seller and the wholesaler. The contract will include:
• Seller and buyer information
• Property location
• Purchase price
• Payment method
• Zoning restrictions
• Closing costs and terms
• Prorated and delinquent tax terms
• Occupancy terms
• Access to property terms
• Assignment clause
• Terms of default
• Any additional terms
• Buyer and seller signature blocks
You'll use the purchase contract in conjunction with the assignment contract if other investors will be buying the home. Download our free purchase contract template.
Double closing in real estate investing involves two contracts and two closing costs: One deal is between the homeowner and the wholesaler, while the other is between the wholesaler and the real estate investor.
These are primarily used when wholesaling real estate if:
These contracts are basically identical to standard real estate contracts used when buying a home. Real estate agents are not allowed to share closing documents—otherwise, I'd provide a template.
Next, you'll want to identify investment property opportunities that you can get under fair market value and sell to cash buyers for a fair price. We asked Santino where to find opportunities and he told us:
[su_quote]…definitely not Redfin or Zillow.
You're probably looking for off-market deals. Some of the best platforms that you can find are Batch Leads, Batch Dialer, or Remine.com.
There are a lot of resources [for] being a real estate agent as well that you have to find off-market properties, so there are both ways.[/su_quote]
He went on to tell us what he looks for in the way of profit margins:
[su_quote]Anything over $50,000 and up. So, if we (do not have) at least a $50,000 profit margin, it's probably not the deal for us.
Or we'll take it, and if it has more of a long-term potential or it's in a really good downtown area, we'll take it and we'll turn it into an Airbnb. And we've kind of switched from long-term rentals to more short-term because they've been way more profitable.[/su_quote]
While real estate wholesaling is lower risk than other ways a real estate investor might invest, there are still risks in any real estate deal. You might struggle to attract sellers, or there may be low liquidity to buy houses depending on how the market is doing.
A house that needs a new roof and foundation presents a greater risk than a house that just needs a new air conditioner. Remember to price that into your offer. An air conditioner might justify a $20K to $30K discount, while a new roof and foundation could mean your offer should be for the land value minus demo costs.
Next, you'll want to reach out to the property owner. You can call them, run direct mail campaigns, or reach out in person. Santino told us you'll be a successful wholesaler:
[su_quote]…if you're willing to pick up a phone and knock on a door. The phone's a little bit faster, but knocking on a door, meeting someone face to face and say[ing]:
‘Hey, have you ever thought about selling?’
Or
‘You know, I'm in the neighborhood. Just saw your house, I really love it.’[/su_quote]
Some will be interested and some people won't.
Be prepared to offer them a real estate deal if they show interest. Most real estate investors expect to pay around 70% of the after repair value (ARV) when flipping homes, which means you'll need to calculate:
The repair value is based on the cost of a contractor or the cost of parts and the time to complete various upgrades. The maximum allowable offer will be equal to:
(70% x After Repair Value) − (Cost of Repairs) = MAO
Let's use an example of a $300,000 market value that needs $20K in repairs.
With that in mind, the highest offer you would want to make the homeowner is:
(70% x $300,000) – $20K = $190K
Anything more than $190K and you're unlikely to make a profit. But if you can negotiate to get the seller to accept a price of $140K, you'll definitely make a nice profit.
Once you have agreed upon the terms of the offer, you'll need to get it in writing with the homeowner so you can reach out to real estate investors to find a buyer.
This stage of wholesaling real estate will be handled by a title and escrow company. The title company will make sure that any liens and tax defaults are identified. They make sure that the deal is ready and that everything goes smoothly for the homeowner, the contract seller, and the end buyer.
After everything has been evaluated, there are closing costs when buying houses. They range from about $1,500 to $7,000 without taxes and can be as high as $30,000 with taxes. Rocket Mortgage has a great article on closing costs.
Once the deal has closed, the homeowner gets the money, you get your wholesale fee, and the buyer has a new property.
Now that you know the process, there are a variety of wholesale real estate resources you may wish to consider.
Santino emphasized the importance of increasing your knowledge in the industry to maximize your results. Some of the ways you can increase your knowledge include:
1. Find a wholesale real estate mentor.
2. Read wholesale real estate books.
3. Follow wholesale real estate websites and their trends.
Let's look at each of these.
If you are new to exploring how a wholesaler makes money, you'll want to find someone with experience to help teach you the market. While wholesaling doesn't require significant capital, the more upfront capital you have, the easier it will be.
If you can interact with someone who has already developed a process, you will learn how to do wholesale real estate faster. Some places you can find RE wholesaling mentors include:
This section contains sponsored Amazon links that earn UpFlip revenue when you make a purchase.
Check out some of the popular books for wholesale real estate including best-sellers like:
Check out other popular books about the real estate wholesaling process.
Looking at what the industry is doing well and what it is doing poorly can also be highly beneficial. Make sure to check out websites for real estate wholesaling to get a better idea of what other wholesalers are doing. Here are a few to check out:
Once you start looking, you'll encounter a ton of resources for wholesale real estate investing. You just have to decide you want to get into it, build a network, and close some deals. Once you build a little capital, you can start doing more advanced deals like home flipping or fixing up and renting Airbnbs.
What aspects of the real estate market would you like us to write more about?
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