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• How to Draft an Effective Business Plan Considering the Legal Implications

The road to the creation of a new business is a long one that is often filled with unexpected challenges and accomplishments. While the unpredictable nature of starting a business can be appealing to some, for many there is value in developing a plan to help guide new owners through the first months and years of operation. For this reason, one of the most important steps that entrepreneurs can take when starting out is to carefully and thoughtfully develop a comprehensive business plan.

What Is a Business Plan?

A business plan is both a map and a marketing tool for your business. A business plan helps you carefully set forth the purpose, goals, and priorities of your new business, along with guideposts to help ensure that you stay on the right path. For instance, a business plan may require you to consider what the primary purpose of your business is, or the good or service you intend to provide, who your potential customers are, and how you intend to reach them in an effective and efficient manner. A business plan also allows you to make an honest evaluation of the current status of your business and what you will need to do to get to where you would like to be. This includes taking the time to compile your business balance sheet, analyze existing income and expenses, and determine anticipated financial needs.

Creating a detailed business plan can help business owners acquire outside funding .

In addition, a business plan serves as a marketing tool for new business owners who are attempting to gain financial backing, operational support, or mentoring for their new business. The financial aspects of a business plan lets potential funders or lenders analyze your current income streams and the likelihood of repayment, while the detailed explanation of your business objectives and operational plans helps to convince interested parties that you have taken the time to carefully plan your business endeavors and are invested in the success of your company.

How to Write a Business Plan

There is no one specific way to write a business plan. However, there are key components that most business plans should include, and these are good starting points when working on your own plan. It may also be worth reaching out to an experienced corporate attorney to help you review and revise your business plan before presenting it to others in the business community.

Business plans typically start with a summary of the business and its objectives, and then they describe the operations of the business, the good or service it will be providing, and potential income streams in more detail. Business plans should also include a detailed description of the proposed management structure of the business, including officers or directors and possibly the envisioned composition of the board. Additionally, business plans typically include extensive financial documentation, such as balance sheets, income projections or growth model projections, any pending loan applications, tax returns of the entity, and copies of any relevant legal agreements. If the business has already been in operation for some time, the business plan may also include financial records for the months of operation.

• Summarize the business and its objectives
• Outline how the business is organized and managed
• Describe what the business sells
• Identify potential income streams
• Include financial information, such as balance sheets and projections

Using Your Business Plan

Once you have completed a business plan that you are happy with, you will find that you will often continue to refer to your plan even months or years after it was initially completed. In the initial stages, you can use your business plan to attract investors, partners, board members, or other advisors who are interested in the model you have proposed and would like to contribute to its success. As your business develops, you can continue to refer to the plan to guide you in business decisions, as well as to track timelines or certain goals that you hoped to meet. Even after your business is well-developed, returning to your business plan can help guide your yearly planning for your company, allowing you to modify your goals as they are achieved.

Last reviewed October 2023

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How To Write a Winning Accounting and Bookkeeping Business Plan + Template

Creating a business plan is essential for any business, but it can be especially helpful for accounting and bookkeeping businesses who want to improve their strategy and/or raise funding.

A well-crafted business plan not only outlines the vision for your company, but also documents a step-by-step roadmap of how you are going to accomplish it. In order to create an effective business plan, you must first understand the components that are essential to its success.

This article provides an overview of the key elements that every accounting and bookkeeping business owner should include in their business plan.

Download the Ultimate Business Plan Template

What is an Accounting and Bookkeeping Business Plan?

An accounting and bookkeeping business plan is a formal written document that describes your company’s business strategy and its feasibility. It documents the reasons you will be successful, your areas of competitive advantage, and it includes information about your team members. Your business plan is a key document that will convince investors and lenders (if needed) that you are positioned to become a successful venture.

Why Write an Accounting and Bookkeeping Business Plan?

An accounting and bookkeeping business plan is required for banks and investors. The document is a clear and concise guide of your business idea and the steps you will take to make it profitable.

Entrepreneurs can also use this as a roadmap when starting their new company or venture, especially if they are inexperienced in starting a business.

Writing an Effective Accounting and Bookkeeping Business Plan

The following are the key components of a successful accounting and bookkeeping business plan:

Executive Summary

The executive summary of an accounting and bookkeeping business plan is a one to two page overview of your entire business plan. It should summarize the main points, which will be presented in full in the rest of your business plan.

• Start with a one-line description of your accounting and bookkeeping company
• Provide a short summary of the key points in each section of your business plan, which includes information about your company’s management team, industry analysis, competitive analysis, and financial forecast among others.

Company Description

This section should include a brief history of your company. Include a short description of how your company started, and provide a timeline of milestones your company has achieved.

If you are just starting your accounting and bookkeeping business, you may not have a long company history. Instead, you can include information about your professional experience in this industry and how and why you conceived your new venture. If you have worked for a similar company before or have been involved in an entrepreneurial venture before starting your accounting and bookkeeping firm, mention this.

Industry Analysis

The industry or market analysis is an important component of an accounting and bookkeeping business plan. Conduct thorough market research to determine industry trends and document the size of your market. 

Questions to answer include:

• What part of the accounting and bookkeeping industry are you targeting?
• How big is the market?
• What trends are happening in the industry right now (and if applicable, how do these trends support the success of your company)?

You should also include sources for the information you provide, such as published research reports and expert opinions.

Customer Analysis

This section should include a list of your target audience(s) with demographic and psychographic profiles (e.g., age, gender, income level, profession, job titles, interests). You will need to provide a profile of each customer segment separately, including their needs and wants.

For example, the customers of an accounting and bookkeeping business may include small-to-medium sized businesses and individuals.

You can include information about how your customers make the decision to buy from you as well as what keeps them buying from you.

Develop a strategy for targeting those customers who are most likely to buy from you, as well as those that might be influenced to buy your products or accounting and bookkeeping services with the right marketing.

Competitive Analysis

The competitive analysis helps you determine how your product or service will be different from competitors, and what your unique selling proposition (USP) might be that will set you apart in this industry.

For each competitor, list their strengths and weaknesses. Next, determine your areas of competitive differentiation and/or advantage; that is, in what ways are you different from and ideally better than your competitors.

Marketing Plan

This part of the business plan is where you determine and document your marketing plan. . Your plan should be clearly laid out, including the following 4 Ps.

• Product/Service : Detail your product/service offerings here. Document their features and benefits.
• Price : Document your pricing strategy here. In addition to stating the prices for your products/services, mention how your pricing compares to your competition.
• Place : Where will your customers find you? What channels of distribution (e.g., partnerships) will you use to reach them if applicable?
• Promotion : How will you reach your target customers? For example, you may use social media, write blog posts, create an email marketing campaign, use pay-per-click advertising, launch a direct mail campaign. Or, you may promote your accounting and bookkeeping business via word of mouth.

Operations Plan

This part of your accounting and bookkeeping business plan should include the following information:

• How will you deliver your product/service to customers? For example, will you do it in person or over the phone only?
• What infrastructure, equipment, and resources are needed to operate successfully? How can you meet those requirements within budget constraints?

The operations plan is where you also need to include your company’s business policies. You will want to establish policies related to everything from customer service to pricing, to the overall brand image you are trying to present.

Finally, and most importantly, in your Operations Plan, you will lay out the milestones your company hopes to achieve within the next five years. Create a chart that shows the key milestone(s) you hope to achieve each quarter for the next four quarters, and then each year for the following four years. Examples of milestones for an accounting and bookkeeping business include reaching $X in sales. Other examples include signing on a certain number of new clients or increasing your client retention rate by a certain amount.

Management Team

List your team members here including their names and titles, as well as their expertise and experience relevant to your specific accounting and bookkeeping industry. Include brief biography sketches for each team member.

Particularly if you are seeking funding, the goal of this section is to convince investors and lenders that your team has the expertise and experience to execute on your plan. If you are missing key team members, document the roles and responsibilities you plan to hire for in the future.

Financial Plan

Here you will include a summary of your complete and detailed financial plan (your full financial projections go in the Appendix). 

This includes the following three financial statements:

Income Statement

Your income statement should include:

• Revenue : how much revenue you generate.
• Cost of Goods Sold : These are your direct costs associated with generating revenue. This includes labor costs, as well as the cost of any equipment and supplies used to deliver the product/service offering.
• Net Income (or loss) : Once expenses and revenue are totaled and deducted from each other, this is the net income or loss.

Sample Income Statement for a Startup Accounting and Bookkeeping Company

Balance sheet.

Include a balance sheet that shows your assets, liabilities, and equity. Your balance sheet should include:

• Assets : All of the things you own (including cash).
• Liabilities : This is what you owe against your company’s assets, such as accounts payable or loans.
• Equity : The worth of your business after all liabilities and assets are totaled and deducted from each other.

Sample Balance Sheet for a Startup Accounting and Bookkeeping Company

Cash flow statement.

Include a cash flow statement showing how much cash comes in, how much cash goes out and a net cash flow for each year. The cash flow statement should include:

• Cash Flow From Operations
• Cash Flow From Investments
• Cash Flow From Financing

Below is a sample of a projected cash flow statement for a startup accounting and bookkeeping business.

Sample Cash Flow Statement for a Startup Accounting and Bookkeeping Company

You will also want to include an appendix section which will include:

• Your complete financial projections
• A complete list of your company’s business policies and procedures related to the rest of the business plan (marketing, operations, etc.)
• Any other documentation which supports what you included in the body of your business plan.

Writing a good business plan gives you the advantage of being fully prepared to launch and/or grow your accounting and bookkeeping company. It not only outlines your business vision but also provides a step-by-step process of how you are going to accomplish it.

A well-written accounting and bookkeeping business plan is a critical document for any new business. If you seek funding or investors, it can help you obtain each successfully.  

Finish Your Accounting and Bookkeeping Business Plan in 1 Day!

BREAKING NEWS: Soluno has been acquired by ActionStep. Learn more about our exciting future here .

Legal Accounting 101: What You Need to Know About the Business of Law

What does legal accounting involve? How is it different from practice management? What can your law firm do to ensure its financial success? Your path to legal accounting knowledge starts here.

The legal world has many different moving parts that lawyers and law firms have to navigate on a daily basis. Between cases, clients, and negotiations, and the daily ups and downs of running a legal business it is easy to overlook legal accounting. It goes without saying that legal accounting plays a pivotal role for a law firm; it ensures financial integrity, compliance, and efficiency when done well and can jeopardize a firm’s success and reputation when done poorly. Still, law firms don’t seem to re-evaluate their legal accounting applications as frequently as they do other practice management tools. 

Understanding Legal Accounting

Let’s start with the basics: when one refers to legal accounting, what does that entail? The general answer is that legal accounting encompasses the management of financial transactions, bookkeeping, compliance and regulatory guidelines, and reporting within the legal industry. Legal accounting differs from other buzzwords in the industry such as ‘practice management’ as its sole focus is on the financial and regulatory health of a law firm, and deals less with client intake and document management. Legal accounting is used in all areas of the legal industry from individual attorneys, to legal departments within other organizations, and has strict guidelines often mandated by governing legal bodies such as State Bars or Law Societies. 

Core Functions of Legal Accounting

A law firm with good legal accounting will be able to efficiently and competently run the following day-to-day and year-end accounting tasks:

1. Trust Accounting

As an attorney, you often hold funds in trust for your clients such as advance payments, settlements, or retainer fees. Trust accounting is a fundamental aspect of legal accounting that allows legal professionals - including bookkeepers and clerks - to meticulously track these funds; ensure compliance with legal and ethical requirements; get accurate record-keeping for both business and audit needs; and provide transparent reports to their clients.

2. Time and Billing Management

When it comes to client matters, your law firm will need to track numerous different financial details including billable hours, flat fees, expenses, disbursements, and discounts. Effective legal accounting systems enable accurate timekeeping and detailed expense keeping so that reconciling accounts is simple and law firms can send comprehensive invoices to their clients.

3. Financial Reporting and Compliance

Law firms must maintain compliance with their local governing body’s legal accounting rules and regulations. Practices with proper legal accounting are able to easily produce the required financial reports and documentation. However, good accounting practices should stop there; savvy law firms should use other financial and productivity reports to check in on their financial performance, and to make informed decisions that will grow the success of their business.

4. Expense Tracking and Budgeting

Not every law firm has a dedicated accountant, and the business of running a law firm is not always taught to attorneys. Legal accounting can help practices and individual lawyers manage expenses, track the costs related to a case, formulate a budget for their business, optimize resources, and identify potential areas where costs can be streamlined.

5. Tax Planning and Preparation

End-of-year taxes for law firms face complex requirements which, if not adhered to, can lead to financial or legal consequences for your practice. When done right, legal accounting is able to make the process of closing your year; producing all your key financial statements; and collecting the necessary reports simple. 

Want to know what’s involved with End Of Year Legal Accounting? Check out this eBook !

The Power of Legal Accounting Tools

Legal accounting is a law firm’s backbone. While practice management tools focus on ‘front-of-office’ processes such as client intake or document management, only a tool dedicated to legal accounting is able to manage your practice’s compliance, expenses, and trust effectively. Law firms with up-to-date financial information gain an advantage over others as they are able to monitor cash flow, strategize for long-term success, and ultimately maximize their profitability.

Legal accounting systems that can automate timekeeping, billing, and financial processes reduce manual effort and save valuable time; which allows legal professionals to focus more on their core competencies; legal analysis, case management, and client representation.

Want to move your legal accounting to the cloud? Learn about switching legal software.

At the end of the day, legal accounting is an indispensable aspect of the legal profession. Embracing legal accounting safeguards the future of your business. While all law firms must have some level of legal accounting to operate, the performance of your practice’s accounting process can help or hinder its financial integrity, compliance, and efficiency. Now that you understand what legal accounting means within the industry, the next step to a successful legal practice is to evaluate your law firm’s software and tools on how effectively it manages your trust accounting, time and billing, financial reporting, expense tracking, and tax matters.

Soluno is user-friendly, cloud-based billing, accounting and time tracking software made for law firms of all sizes. Confidently manage your firm’s business all in one place; with matter management, time/expense entry, billing, accounting, trust banking, and reporting that’s accessible from anywhere. Soluno empowers law firms to be more efficient and profitable than ever; combining the advanced features and customizable workflows of on-premise software with the freedom, security, and convenience of a cloud solution.

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Table of Contents

Your business’s legal structure has many ramifications. It can determine how much liability your company faces during lawsuits. It can put up a barrier between your personal and business taxes – or ensure this barrier doesn’t exist. It can also determine how often your board of directors must file paperwork – or if you even need a board. [Related article: What to Do if Your Business Gets Sued ]

We’ll explore business legal structures and how to choose the right structure for your organization. 

What is a business legal structure?

A business legal structure, also known as a business entity, is a government classification that regulates certain aspects of your business. On a federal level, your business legal structure determines your tax burden. On a state level, it can have liability ramifications.

Why is a business legal structure important?

Choosing the right business structure from the start is among the most crucial decisions you can make. Here are some factors to consider:

• Taxes: Sole proprietors, partnership owners and S corporation owners categorize their business income as personal income. C corporation income is business income separate from an owner’s personal income. Given the different tax rates for business and personal incomes, your structure choice can significantly impact your tax burden.
• Liability: Limited liability company (LLC) structures can protect your personal assets in the event of a lawsuit. That said, the federal government does not recognize LLC structures; they exist only on a state level. C corporations are a federal business structure that includes the liability protection of LLCs.
• Paperwork: Each business legal structure has unique tax forms. Additionally, if you structure your company as a corporation, you’ll need to submit articles of incorporation and regularly file certain government reports. If you start a business partnership and do business under a fictitious name, you’ll need to file special paperwork for that as well.
• Hierarchy: Corporations must have a board of directors. In certain states, this board must meet a certain number of times per year. Corporate hierarchies also prevent business closure if an owner transfers shares or exits the company, or when a founder dies . Other structures lack this closure protection.
• Registration: A business legal structure is also a prerequisite for registering your business in your state. You can’t apply for an employer identification number (EIN) or all your necessary licenses and permits without a business structure.
• Fundraising: Your structure can also block you from raising funds in certain ways. For example, sole proprietorships generally can’t offer stocks. That right is primarily reserved for corporations.
• Potential consequences for choosing the wrong structure: Your initial choice of business structure is crucial, although you can change your business structure in the future. However, changing your business structure can be a disorganized, confusing process that can lead to tax consequences and the unintended dissolution of your business. 

If you have to expand your business to another state , you won’t have to create a new company or structure, but you may have to register it as a “foreign entity.”

Types of business structures

The most common business entity types are sole proprietorships, partnerships, limited liability companies, corporations and cooperatives. Here’s more about each type of legal structure.

Sole proprietorship

A sole proprietorship is the simplest business entity. When you set up a sole proprietorship , one person is responsible for all a company’s profits and debts.

“If you want to be your own boss and run a business from home without a physical storefront, a sole proprietorship allows you to be in complete control,” said Deborah Sweeney, vice president and general manager of business acquisitions at Deluxe Corp. “This entity does not offer the separation or protection of personal and professional assets, which could prove to become an issue later on as your business grows and more aspects hold you liable.”

Proprietorship costs vary by market. Generally, early expenses will include state and federal fees, taxes, business equipment leases , office space, banking fees, and any professional services your business contracts. Some examples of these businesses are freelance writers, tutors, bookkeepers , cleaning service providers and babysitters.

A sole proprietorship business structure has several advantages.

• Easy setup: A sole proprietorship is the simplest legal structure to set up. If you – and only you – own your business, this might be the best structure. There is very little paperwork since you have no partners or executive boards.
• Low cost: Costs vary by state, but generally, license fees and business taxes are the only fees associated with a proprietorship.
• Tax deduction: Since you and your business are a single entity, you may be eligible for specific business sole proprietor tax deductions , such as a health insurance deduction.
• Easy exit: Forming a proprietorship is easy, and so is ending one. As a single owner, you can dissolve your business at any time with no formal paperwork required. For example, if you start a day care center and wish to fold the business, refrain from operating the day care and advertising your services.

The sole proprietorship is also one of the most common small business legal structures. Many famous companies started as sole proprietorships and eventually grew into multimillion-dollar businesses. These are a few examples:

• Marriott Hotels

Partnership 

A partnership is owned by two or more individuals. There are two types: a general partnership, where all is shared equally, and a limited partnership, where only one partner has control of operations and the other person (or persons) contributes to and receives part of the profits. Partnerships can operate as sole proprietorships, where there’s no separation between the partners and the business, or limited liability partnerships (LLPs), depending on the entity’s funding and liability structure.

“This entity is ideal for anyone who wants to go into business with a family member, friend or business partner – like running a restaurant or agency together,” Sweeney said. “A partnership allows the partners to share profits and losses and make decisions together within the business structure. Remember that you will be held liable for the decisions made as well as those actions made by your business partner.”

General partnership costs vary, but this structure is more expensive than a sole proprietorship because an attorney should review your partnership agreement. The attorney’s experience and location can affect the cost. 

A business partnership agreement must be a win-win for both sides to succeed. Google is an excellent example of this. In 1995, co-founders Larry Page and Sergey Brin created a small search engine and turned it into the leading global search engine. The co-founders met at Stanford University while pursuing their doctorates and later left to develop a beta version of their search engine. Soon after, they raised $1 million in funding from investors, and Google began receiving thousands of visitors a day. Having a combined ownership of 11.4% of Google provides them with a total net worth of nearly $226.4 billion.

Business partnerships have many advantages. 

• Easy formation: As with a sole proprietorship, there is little paperwork to file for a business partnership. If your state requires you to operate under a fictitious name ( “doing business as,” or DBA ), you’ll need to file a Certificate of Conducting Business as Partners and draft an Articles of Partnership agreement, both of which have additional fees. You’ll usually need a business license as well.
• Growth potential: You’re more likely to obtain a business loan with more than one owner. Bankers can consider two credit histories rather than one, which can be helpful if you have a less-than-stellar credit score.
• Special taxation: General partnerships must file federal tax Form 1065 and state returns, but they do not usually pay income tax. Both partners report their shared income or loss on their individual income tax returns. For example, if you opened a bakery with a friend and structured the business as a general partnership, you and your friend are co-owners. Each owner brings a certain level of experience and working capital to the business, affecting each partner’s business share and contribution. If you brought the most seed capital for the business, you and your partner may agree that you’ll retain a higher share percentage, making you the majority owner.

Partnerships are one of the most common business structures. These are some examples of successful partnerships:

• Warner Bros.
• Hewlett-Packard
• Ben & Jerry’s

Limited liability company 

A limited liability company (LLC) is a hybrid structure that allows owners, partners or shareholders to limit their personal liabilities while enjoying a partnership’s tax and flexibility benefits. Under an LLC, members are shielded from personal liability for the business’s debts if it can’t be proven that they acted in a negligent or wrongful manner that results in injury to another in carrying out the activities of the business.

“Limited liability companies were created to provide business owners with the liability protection that corporations enjoy while allowing earnings and losses to pass through to the owners as income on their personal tax returns,” said Brian Cairns, CEO of ProStrategix Consulting. “LLCs can have one or more members, and profits and losses do not have to be divided equally among members.”

According to Wolters Kluwer , the cost of forming an LLC comprises the state filing fee and can vary depending on your state. For example, if you file an LLC in New York, you must pay a $200 filing fee, a $9 biennial fee, and file a biennial statement with the New York Department of State .

Although small businesses can be LLCs, some large businesses choose this legal structure. The structure is typical among accounting, tax, and law firms, but other types of companies also file as LLCs. One example of an LLC is Anheuser-Busch, one of the leaders in the U.S. beer industry. Headquartered in St. Louis, Anheuser-Busch is a wholly owned subsidiary of Anheuser-Busch InBev, a multinational brewing company based in Leuven, Belgium.

Here some other well-known examples of LLCs:

• Hertz Rent-a-Car

To learn more about LLCs, read our LLC tax guide , our comprehensive overview of starting an LLC , and our guide to creating an LLC operating agreement.

Corporation 

The law regards a corporation as separate from its owners, with legal rights independent of its owners. It can sue, be sued, own and sell property, and sell the rights of ownership in the form of stocks. Corporation filing fees vary by state and fee category. 

There are several types of corporations, including C corporations , S corporations, B corporations, closed corporations, and nonprofit corporations.

• C corporations: C corporations, owned by shareholders, are taxed as separate entities. JPMorgan Chase & Co. is a multinational investment bank and financial services holding company listed as a C corporation. Since C corporations allow an unlimited number of investors, many larger companies – including Apple, Bank of America and Amazon – file for this tax status.
• B corporations: B corporations, otherwise known as benefit corporations, are for-profit entities committed to corporate social responsibility and structured to positively impact society. For example, skincare and cosmetics company The Body Shop has proven its long-term commitment to supporting environmental and social movements, resulting in an awarded B corporation status. The Body Shop uses its presence to advocate for permanent change on issues like human trafficking, domestic violence, climate change, deforestation and animal testing in the cosmetic industry.
• Closed corporations: Closed corporations, typically run by a few shareholders, are not publicly traded and benefit from limited liability protection. Closed corporations, sometimes referred to as privately held companies, have more flexibility than publicly traded companies. For example, Hobby Lobby is a closed corporation – a privately held, family-owned business. Stocks associated with Hobby Lobby are not publicly traded; instead, the stocks have been allocated to family members.
• Open corporations: Open corporations are available for trade on a public market. Many well-known companies, including Microsoft and Ford Motor Co., are open corporations. Each corporation has taken ownership of the company and allows anyone to invest.
• Nonprofit corporations: Nonprofit corporations exist to help others in some way and are rewarded by tax exemption. Some examples of nonprofits are the Salvation Army, American Heart Association and American Red Cross. These organizations all focus on something other than turning a profit.

Corporations enjoy several advantages. 

• Limited liability: Stockholders are not personally liable for claims against your corporation; they are liable only for their personal investments.
• Continuity: Corporations are not affected by death or the transferring of shares by their owners. Your business continues to operate indefinitely, which investors, creditors and consumers prefer.
• Capital: It’s much easier to raise large amounts of capital from multiple investors when your business is incorporated.

This structure is ideal for businesses that are further along in their growth, rather than a startup based in a living room. For example, if you’ve started a shoe company and have already named your business, appointed directors and raised capital through shareholders, the next step is to become incorporated. You’re essentially conducting business at a riskier, yet more lucrative, rate. Additionally, your business could file as an S corporation for the tax benefits. Once your business grows to a certain level, it’s likely in your best interest to incorporate it.

These are some popular examples of corporations:

• General Motors
• Exxon Mobil Corp.
• Domino’s Pizza
• JPMorgan Chase

Learn more about how to become a corporation .

Cooperative 

A cooperative (co-op) is owned by the same people it serves. Its offerings benefit the company’s members, also called user-owners, who vote on the organization’s mission and direction and share profits.

Cooperatives offer a couple main advantages.

• Increased funding: Cooperatives may be eligible for federal grants to help them get started.
• Discounts and better service: Cooperatives can leverage their business size, thus obtaining discounts on products and services for their members.

Forming a cooperative is complex and requires you to choose a business name that indicates whether the co-op is a corporation (e.g., Inc. or Ltd.). The filing fee associated with a co-op agreement varies by state. 

An example of a co-op is CHS Inc., a Fortune 100 business owned by U.S. agricultural cooperatives. As the nation’s leading agribusiness cooperative, CHS reported a net income of $422.4 million for fiscal year 2020. These are some other notable examples of co-ops:

• Land O’Lakes
• Navy Federal Credit Union
• Ace Hardware

The five types of business structures are sole proprietorship, partnership, limited liability company, corporation and cooperative. The right structure depends mainly on your business type.

Factors to consider before choosing a business structure

For new businesses that could fall into two or more of these categories, it’s not always easy to decide which structure to choose. Consider your startup’s financial needs, risk and ability to grow. It can be challenging to switch your legal structure after registering your business, so give it careful analysis in the early stages of forming your business. 

Here are some crucial factors to consider as you choose your business’s legal structure. You should also consult a CPA for advice.

Flexibility 

Where is your company headed, and which type of legal structure allows for the growth you envision? Turn to your business plan to review your goals and see which structure best aligns with those objectives. Your entity should support the possibility for growth and change, not hold it back from its potential. [Learn how to write a business plan with this template .]

When it comes to startup and operational complexity, nothing is more straightforward than a sole proprietorship. Register your name, start doing business, report the profits and pay taxes on it as personal income. However, it can be difficult to procure outside funding. Partnerships, on the other hand, require a signed agreement to define the roles and percentages of profits. Corporations and LLCs have various reporting requirements with state governments and the federal government.

A corporation carries the least amount of personal liability since the law holds that it is its own entity. This means creditors and customers can sue the corporation, but they can’t gain access to any personal assets of the officers or shareholders. An LLC offers the same protection but with the tax benefits of a sole proprietorship. Partnerships share the liability between the partners as defined by their partnership agreement.

An owner of an LLC pays taxes just as a sole proprietor does: All profit is considered personal income and taxed accordingly at the end of the year.

“As a small business owner, you want to avoid double taxation in the early stages,” said Jennifer Friedman, principal at Rivetr. “The LLC structure prevents that and makes sure you’re not taxed as a company, but as an individual.”

Individuals in a partnership also claim their share of the profits as personal income. Your accountant may suggest quarterly or biannual advance payments to minimize the effect on your return. 

A corporation files its own tax returns each year, paying taxes on profits after expenses, including payroll. If you pay yourself from the corporation, you will pay personal taxes, such as those for Social Security and Medicare, on your personal return. 

To simplify payroll complexities and taxation issues, consider using a payroll service. Check out our reviews of the best payroll services to find a partner that fits your needs and budget.

If you want sole or primary control of the business and its activities, a sole proprietorship or an LLC might be the best choice. You can negotiate such control in a partnership agreement as well.

A corporation is constructed to have a board of directors that makes the major decisions that guide the company. A single person can control a corporation, especially at its inception, but as it grows, so does the need to operate it as a board-directed entity. Even for a small corporation, the rules intended for larger organizations – such as keeping notes of every major decision that affects the company – still apply.

Capital investment

If you need to obtain outside funding from an investor, venture capitalist or bank, you may be better off establishing a corporation. Corporations have an easier time obtaining outside funding than sole proprietorships.

Corporations can sell shares of stock and secure additional funding for growth, while sole proprietors can obtain funds only through their personal accounts, using their personal credit or taking on partners. An LLC can face similar struggles, although, as its own entity, it’s not always necessary for the owner to use their personal credit or assets.

Licenses, permits and regulations

In addition to legally registering your business entity, you may need specific licenses and permits to operate. Depending on the type of business and its activities, it may need to be licensed at the local, state and federal levels.

“States have different requirements for different business structures,” Friedman said. “Depending on where you set up, there could be different requirements at the municipal level as well. As you choose your structure, understand the state and industry you’re in. It’s not ‘one size fits all,’ and businesses may not be aware of what’s applicable to them.”

The structures discussed here apply only to for-profit businesses. If you’ve done your research and you’re still unsure which business structure is right for you, Friedman advises speaking with a specialist in business law.

Max Freedman and Matt D’Angelo contributed to the writing and reporting in this article. Source interviews were conducted for a previous version of this article.

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9.1 Understand legal considerations in business and accounting

Rina Dhillon

There are usually three legal considerations in business and accounting: (1) Sources of Law; (2) Contracts and (3) Consumer Protection. This section will briefly address each of these legal considerations and its implications for business.

Sources of Law

There are two main sources of law in Australia, statutory law, the law made by Parliament, and case law or common law, based on the decisions of judges in the superior courts. The dominant source is parliament, where elected politicians make laws. Laws made by parliaments are called statutes, Acts or legislation. Australia has a federal system of government. There is the Commonwealth Parliament (in Canberra) and a separate parliament in each of the states and territories. All parliaments make laws.

There are also two court systems. The federal court system comprises the Federal Circuit Court, Federal Court, Family Court and High Court. The state court system consists of Magistrates’, County and Supreme Courts. As well, there are a range of tribunals and boards that make decisions about individual disputes, but they do not have the same power as courts to ‘make law’. For example, in the New South Wales, the NSW Civil and Administrative Tribunal provides affordable access to justice for civil matters. Judges make law through their decisions in court cases. Judges usually decide each similar case along the lines of earlier decisions made. If the facts of the earlier cases were not exactly the same, the judge could still compare the situations and apply a common principle or develop a new, reasonably similar principle for the new facts – known as the doctrine of precedent. The principles and rules contained in the collection of judgments and court procedures is also known as the common law. Each part of the system – the courts, the parliament and the executive (ministers and public service) – has a separate role to play. In particular, the courts are independent of the parliament.

These sources of law fit together to create the Australian legal system.  Students who would like a more in-depth understanding of the sources of law in Australia can turn to the following optional reading resource: The Australian Legal System .

A contract is a promise (or a set of promises) that is legally binding and can be anything from a formal written document to a verbal promise, as well as implied by conduct. Contracts reflect the set of expectations of each party within a business relationship. A business is essentially a ‘nexus of contracts’ and thus contract law is applicable and relevant, especially in the event of a breach.

Contract law defines the elements of a contract (i.e. contractual formation -what we need to do to create a contract ), determines if contracts are valid and enforceable (i.e. scope and content of contracts), aids with the interpretation of contracts (i.e. avoidance of contractual obligations or  performance and termination of contracts – if they are unclear or there is a dispute) and determines what happens if contracts are breached (i.e. remedies for breach of contract – when one party fails to act out a promise).

Students who would like a more in-depth understanding of contract law can read the following optional resource: Australian contract law

Consumer Law

Since the early 70s, consumer legislation has seen a major shift from buyer beware to seller beware particularly for large organisations selling goods and services to a multitude of customers. The relevant legislation is the Competition and Consumer Act 2010 (Cth) (CCA) and is enforced by the Australian Competition & Consumer Commission (ACCC). The provisions within consumer law can be grouped into four broad categories:

• Product safety provisions, which provide for mandatory consumer standards, product information and notification of voluntary recalls, and the power to order mandatory recalls;
• Prohibitions against unconscionable, misleading or deceptive conduct in trade or commerce, which are extremely wide-ranging;
• A prohibition on the manufacture of defective products, which are restricted to consumer goods; and
• A strict liability prohibition on manufacturers and importers of defective goods.

Keeping It Real: ACCC takes action against Volkswagen over diesel emission claims

The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court of Australia against German company Volkswagen Aktiengesellschaft (VWAG) and its Australian subsidiary, Volkswagen Group Australia Pty Ltd (VGA) (together, Volkswagen), alleging they engaged in misleading or deceptive conduct, made false or misleading representations and engaged in conduct liable to mislead the public in relation to diesel vehicle emission claims.

The ACCC alleges that between 2011 and 2015:

• VWAG engaged in misleading conduct by installing and not disclosing the existence and operation of ‘defeat’ software, which controlled the operation of the vehicles’ exhaust gas recirculation system. The software caused the vehicles to produce lower nitrogen oxide (NOx) emissions when subject to test conditions in a laboratory, but switched to a different mode under normal on-road driving conditions resulting in significantly higher NOx emissions being produced by the vehicles.
• Both VGA and VWAG engaged in misleading conduct by representing that the vehicles complied with Australian and European standards and all Australian regulatory requirements when, because of the defeat software, that was not the case.
• Using information provided by VWAG, VGA marketed the vehicles in Australia as being environmentally friendly, clean burning, low emission and compliant with stringent European standards when this was not the case under normal driving conditions.

“The ACCC alleges that Volkswagen engaged in multiple breaches of the Australian Consumer Law by concealing software in their vehicles to cheat emissions testing and misleading consumers about the vehicle’s compliance with standards and emission levels during on-road conditions,” ACCC Chairman Rod Sims said.

“Consumers rightly expect that their vehicle’s emissions would operate as advertised during their day-to-day use and we allege that this was not the case with more than 57 000 vehicles sold in Australia by Volkswagen over a five-year period.”

“These allegations involve extraordinary conduct of a serious and deliberate nature by a global corporation and its Australian subsidiary misleading consumers and the Australian public. We expect higher standards of behaviour from all companies that supply to Australian consumers,” Mr Sims said.

The ACCC is seeking declarations, pecuniary penalties, corrective advertising, findings of fact and costs.

Keeping It Real: Optus in court for allegedly misleading 20,000 customers about moving to the NBN

The ACCC has instituted proceedings in the Federal Court against Optus Internet Pty Ltd (Optus), alleging it misled customers about the need to move quickly from its existing HFC network to the National Broadband Network (NBN).

The ACCC alleges that between October 2015 and March 2017, Optus made false and misleading representations by writing to its customers to advise it would disconnect their HFC service within a specified time period as the NBN was coming to their area.

However, the timeframes were earlier than Optus was contractually allowed to cancel the customers’ services.

“We allege that Optus’ misrepresentations put pressure on customers to move to the NBN sooner than they were required to. This is particularly concerning as Optus received a significant financial payment from NBN Co for each customer that moved from its cable network to the NBN,” ACCC Chairman Rod Sims said.

It is also alleged that between October 2015 and September 2016, Optus misled some of its customers about their options for purchasing an NBN plan.

“Optus created the impression that its customers were required to obtain NBN services from Optus, when they could have chosen to switch to any internet service provider.”

“We are also concerned that Optus cut off some of its customers’ internet services when it had no contractual right to do so. Telephone and internet are essential utilities and it is unacceptable for Optus to treat its customers this way,” Mr Sims said.

“As the NBN rollout continues throughout Australia, people will be making decisions about which provider to go with. ISPs must not mislead consumers when competing for business. We are keeping a close eye on this sector and will take action where we see wrongdoing.”

The ACCC is seeking declarations, injunctions, pecuniary penalties, a publication order, compliance orders and costs.

In addition to goods and services, Australian Consumer Law also apply to  Financial Products and Services. Failure by financial professionals to provide timely and accurate information to those they bear responsibility toward is also an offence. This includes false or misleading statements, inappropriate financial advice and insider trading and apply to financial statements, forecasts and other disclosures made by accountants, which are required to be a complete, true and fair reflection of the company’s financial performance. Investigations are brought by the Australian corporate regulator, the Australian Securities and Investments Commission (ASIC).

Keeping It Real:

21-063MR ASIC sues CBA for misleading conduct over monthly access fees

ASIC has commenced civil penalty proceedings in the Federal Court against the Commonwealth Bank of Australia (CBA), alleging that it charged monthly access fees to customers when it was not entitled to do so.

ASIC alleges that, between 1 June 2010 and 11 September 2019, CBA incorrectly charged monthly access fees to customers who were entitled to fee waivers because they met certain criteria under their contracts with the bank. Almost $55 million in fees were charged to nearly one million customers and more than 800,000 accounts.

For the period between 1 April 2015 and 11 September 2019, the period for which the Court can impose a penalty, ASIC alleges that CBA incorrectly charged monthly access fees on approximately 2.4 million occasions, totaling around $11.5 million.

ASIC alleges that CBA incorrectly charged monthly access fees to customers entitled to fee waivers due to systems and processes that were inadequate or improperly configured in 30 different ways, as well as due to manual errors made by CBA staff.

ASIC also alleges that each time CBA charged the fees or notified a customer via bank statement of the charging of each fee, it made false or misleading representations that it was contractually entitled to charge the fees when it was not.

Further, ASIC alleges that each time CBA entered into a contract with a customer to establish an account where a fee waiver may apply, it made false or misleading representations that it would have adequate systems and processes in place to provide the fee waivers, when it did not.

By engaging in the above conduct, ASIC alleges that CBA also engaged in misleading or deceptive conduct and contravened its obligation as an Australian financial services licensee to comply with financial services laws.

ASIC also alleges that CBA failed to provide financial services efficiently, honestly and fairly by:

• failing to apply monthly access fee waivers to customer accounts after it had represented it would do so;
• failing to maintain systems and processes that were capable of meeting obligations to customers; and
• failing to undertake an appropriate review of the multiple systemic issues that contributed to the ongoing failure of its systems to apply monthly access fee waivers in accordance with the bank’s contract with its customers.

ASIC commenced this proceeding because financial institutions need to have robust compliance systems to meet their obligations to customers. Financial institutions need to put customers first, and customers should have confidence that the banks they deal with charge fees correctly.

The proceeding will be listed for a case management hearing on a date yet to be set.

21-364MR Mayfair 101 Group to pay $30 million penalty for misleading advertising

The Federal Court has ordered four companies in the Mayfair 101 Group to pay a combined penalty of $30 million for misleading advertising.

In March 2021, the Court found Mayfair Wealth Partners Pty Ltd and Online Investments Pty Ltd (trading as Mayfair 101), M101 Nominees Pty Ltd and M101 Holdings Pty Ltd engaged in misleading or deceptive conduct and made false or misleading representations when promoting the M+ and M Core Fixed Income Notes ( 21-055MR ).

Mayfair 101 Group products were advertised in newspapers, on websites and via Google search advertising, when potential investors searched for terms such as ‘bank term deposits’ and ‘best term deposit’.

ASIC Deputy Chair Sarah Court said ‘This penalty makes clear that firms must do the right thing by their investors, irrespective of whether they are wholesale or retail investors. Failing to accurately advertise financial products can result in significant penalties for firms.’

The Court found that the Mayfair companies represented that:

• the Notes were comparable to, and of similar risk profile to, bank term deposits, when they were of significantly higher risk,
• the Notes carried no risk of default, when in fact there was a risk that investors could lose some, or all, of their principal investment,
• the principal investment would be repaid in full on maturity, when this might not occur because Mayfair could extend the time for repayment for an indefinite period, and/or
• the M Core Notes were fully secured products when they were not.

The Court imposed the following penalties:

• Mayfair Wealth Partners: $10 million
• M101 Holdings: $8 million
• M101 Nominees (in liquidation): $8 million
• Online Investments: $4 million

James Mawhinney is the director of each of the Mayfair companies. In April 2021, the Federal Court restrained Mr Mawhinney from advertising and raising funds through financial products for 20 years ( 21-076MR ).

In handing down the decision, Justice Anderson found that, ‘the Defendants deliberately mislead investors into investing in the Mayfair Products under the belief that they would be of low risk when in fact the Mayfair Products were highly speculative and carried very substantial risk.’

His Honour also found that Mr Mawhinney had shown no remorse ‘for the loss and harm caused to investors in the Mayfair Products.’

The Court also permanently restrained the companies from using certain words and phrases (such as ‘term deposit’ and ‘certainty’) in any future advertising.

Students who would like a more in-depth understanding of consumer law can read the following optional resource: Australian Consumer Law

While this section has set out the legal expectations of businesses and accountants, they do not fully capture the scope of the accounting profession’s responsibility. The next section provides an understanding of the need for accountants to be ethical and independent.

Accounting Business and Society Copyright © by Rina Dhillon. All Rights Reserved.

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How to write the structure and ownership section of your business plan?

Business planning is vital to the success of any entrepreneur because it helps them secure funding and find competent business partners. The document itself contains a variety of key sections, including the presentation of the legal structure and ownership of the business.

This section details the legal structure of your business and helps interested parties such as lenders and investors understand who they will be doing business with if they decide to go ahead and finance your company.

In this guide, we’ll look at the objective of the structure and ownership section, deepdive into the information you should include, and cover the ideal length. We’ll also assess the tools that can help you write your business plan.

Ready? Let’s get started!

In this guide:

What is the objective of the structure and ownership section of your business plan?

What information should i include when presenting the legal structure and ownership of my company in my business plan.

• How long should the structure and ownership section of your business plan be?
• Example of structure and ownership in a business plan

What tools should I use to write my business plan?

The objective of this section is to provide potential investors, lenders, and strategic partners with a clear and transparent view of your business's legal form, ownership distribution, and registration details. 

It aims to build credibility and trust by showcasing your commitment to openness and compliance with regulations. Let's take a look at some of the key objectives:

Communicate the legal form and registration details

• You should explicitly state your business's legal form. For example, your business might be corporation, sole proprietorship, or limited liability company (LLC). 
• Clearly explaining your chosen legal form helps stakeholders understand your entity's liability, taxation, and management implications.
• It is also essential to disclose where your company is registered. This information is vital as it provides clarity on the jurisdiction under which your business operates. 
• It also helps investors and lenders assess any legal and regulatory implications specific to the location of registration.

Identify shareholders

• Potential investors and lenders need to know who owns the company and the percentage of ownership each party holds. 
• By providing this information, you instill confidence in your business and help identify what needs to be verified as part of Know Your Customer (KYC) and Anti-Money Laundering (ALM) checks down the line.

Transparency is the cornerstone of credibility for businesses. By openly presenting the legal structure and ownership, you signal to potential investors that your business operates with integrity and adherence to regulations. 

Notably, anti-money laundering regulations require investors to verify the identity of all shareholders before committing funds. By providing a clear picture of the parties involved, you can facilitate this process and build trust with investors.

Venture capitalists (VC) firms and angel investors in particular, may have specific criteria such as location and ownership mandates governing the companies they can finance. Being transparent about your company's structure and ownership enables potential investors to assess whether your business aligns with their investment preferences and requirements.

Need a convincing business plan?

The Business Plan Shop makes it easy to create a financial forecast to assess the potential profitability of your projects, and write a business plan that’ll wow investors.

The structure and ownership subsection arrives quite early in your business plan as it is the first part of the company section which is the second section of the document (after the executive summary) if you are following a standard business plan outline .

At this stage, the reader is still in the process of getting familiar with your business, and this section serves as a crucial foundation for potential investors and partners and helps them understand the core aspects of your business’s structure.

Here's what you should include:

Company registration details and registered office address

Provide information about when and where your company was registered and its registration number. This enables readers to understand the jurisdiction under which your business is operating and helps verify its legal existence.

Also, mention the registration date to showcase the company's longevity or recent establishment.

Include the registered office address of your company. This is the official address where the company can be contacted, and legal notices can be served. Providing this address demonstrates your commitment to compliance and transparency.

The information above needs to repeated for each subsidiary or joint venture owned by your business in order to provide a clear map of the coporate structure.

Overview of ownership

Offer a concise overview of the ownership structure of the company. Identify the shareholders, and specify their ownership percentages or shares. 

If there are numerous shareholders, list individuals or entities owning 5% or more, and highlight those with a controlling interest in the company or on the board.

If the business is controlled by another business, such as a holding company for example, it is also useful to explain who controls that business as well.

Roles and responsibilities of shareholders

In case of multiple shareholders, explain their respective roles and responsibilities within the organization. 

Differentiate between passive investors, board members, and executive or non-executive directors. 

Shareholders' agreement (if applicable)

If the business plan is presented for investment purposes, it is useful to clarify if a shareholders' agreement is in place between the existing investors. 

This agreement outlines the rights and obligations of shareholders and adds an extra layer of legal protection for investors and shareholders.

Expertise of co-shareholders

Highlight any shareholders who contribute more than just financial capital to the company. 

If, for instance, a shareholder is an industry expert and brings valuable advice, contacts, and credibility, emphasize this aspect. 

Doing so demonstrates the added value these shareholders bring to the business.

Group or franchise structure

If your company operates as part of a group or franchise, provide this information for each individual company receiving funds. 

Clarify the relationship between the main company and the individual entities within the group and their respective legal structures.

Addressing geographical restrictions

If some investors have geographical restrictions on their investments, clearly indicate whether your company meets their eligibility criteria. 

This helps investors quickly assess whether your business aligns with their investment mandates or not.

How long should the structure and ownership section of your business plan be? 

The length of your business plan's structure and ownership section requires a delicate balance. 

While a general rule of thumb suggests that it should be about 2 to 3 paragraphs, the actual length depends on several factors, including the complexity of your corporate structure and the number of shareholders involved.

The complexity of your corporate structure 

• A concise presentation may be sufficient if your company's legal structure is relatively straightforward, with a single owner or a small number of co-founders. 
• In such cases, aim to provide the necessary information without overwhelming the reader with unnecessary details. A paragraph or two may convey the key points effectively, ensuring clarity and brevity. 
• However, if you have a complex business structure, aim to provide details about members who play a key role in business continuity and profitability. 

The number of shareholders involved

• If your business involves multiple shareholders, each with significant ownership percentages or unique roles, you may need to dedicate more space to this section. 
• Do this by providing a comprehensive breakdown of ownership distribution and outlining each shareholder's contributions. 
• This may take up more space as you need to add additional information. However, if you have a pretty straightforward ownership structure, a paragraph or two will be sufficient enough.

Regardless of the complexity, striking the right balance between providing sufficient detail and avoiding excessive technical jargon is crucial. The structure and ownership section should be reader-friendly, allowing potential investors and stakeholders to understand the core aspects of your company without feeling overwhelmed by intricate legalities.

Repetition can dilute the impact of your message and unnecessarily lengthen the section. Ensure that you don't reiterate information that has already been covered in other parts of the business plan. Instead, focus on providing unique insights and details that enhance the reader's understanding of your corporate structure and ownership.

When crafting this section, prioritize the most critical points that investors or partners need to know about your company's structure and ownership. 

Focus on aspects that directly impact decision-making, such as the majority shareholder's influence, board composition, different classes of shares in issue, or any unique arrangements that set your business apart.

Example of structure and ownership section in a business plan 

Below is an example of what the structure and ownership section of your business plan might look like. As you can see, it is part of the overall company section and precedes the location and management team subsections.

The structure and ownership section of a business plan provides a detailed overview of how your company is organized and who holds ownership stakes in the business.

This example was taken from one of  our business plan templates .

In this section, we will review three solutions for creating a business plan for your business: using Word and Excel, hiring a consultant to write the business plan, and utilizing an online business plan software.

Create your business plan using Word and Excel

This is the old-fashioned way of creating a business plan (1990s style) and using Word and Excel has both pros and cons.

On the one hand, using either of these two programs is cheap and they are widely available. 

However, creating an error-free financial forecast with Excel is only possible if you have expertise in accounting and financial modeling.

Because of that investors and lenders might not trust the accuracy of your forecast unless you have a degree in finance or accounting.

Also, writing a business plan using Word means starting from scratch and formatting the document yourself once written - a process that can be quite tedious - especially when the numbers change and you need to manually update all the tables and text.

Ultimately, it's up to the business owner to decide which program is right for them and whether they have the expertise or resources needed to make Excel work. 

Hire a consultant to write your business plan

Outsourcing your business plan to a consultant can be a viable option, but it also presents certain drawbacks. 

On the plus side, consultants are experienced in writing business plans and adept at creating financial forecasts without errors. Furthermore, hiring a consultant can save you time and allow you to focus on the day-to-day operations of your business.

However, hiring consultants is expensive: budget at least £1.5k ($2.0k) for a complete business plan, more if you need to make changes after the initial version (which happens frequently after the first meetings with lenders).

For these reasons, outsourcing the plan to a consultant or accountant should be considered carefully, weighing both the advantages and disadvantages of hiring outside help.

Ultimately, it may be the right decision for some businesses, while others may find it beneficial to write their own business plan using an online software.

Use an online business plan software for your business plan

Another alternative is to use online business plan software .

There are several advantages to using specialized software:

• You are guided through the writing process by detailed instructions and examples for each part of the plan
• You can be inspired by already written business plan templates
• You can easily make your financial forecast by letting the software take care of the financial calculations for you without errors
• You get a professional document, formatted and ready to be sent to your bank
• The software will enable you to easily track your actual financial performance against your forecast and update your forecast as time goes by

If you're interested in using this type of solution, you can try our software for free by signing up here .

To sum it up, a well-written structure and ownership subsection is key to ensuring that the reader is clear on who controls the business, and whether or not it fits their investment criterias.

Also on The Business Plan Shop

• How to do a market analysis for a business plan
• How to present your management team in your business plan?
• Where to write the conclusion of your business plan?
• Executive Summary - The most crucial part of your business plan
• How to write the location section of your business plan?
• How to present the management team in your business plan?
• Definition of a business plan
• Business model and business plan: the difference explained

Know someone who needs help writing-up their business plan? Share this article with them and help them out!

Founder & CEO at The Business Plan Shop Ltd

Guillaume Le Brouster is a seasoned entrepreneur and financier.

Guillaume has been an entrepreneur for more than a decade and has first-hand experience of starting, running, and growing a successful business.

Prior to being a business owner, Guillaume worked in investment banking and private equity, where he spent most of his time creating complex financial forecasts, writing business plans, and analysing financial statements to make financing and investment decisions.

Guillaume holds a Master's Degree in Finance from ESCP Business School and a Bachelor of Science in Business & Management from Paris Dauphine University.

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How to start an accounting firm: Your checklist for successfully starting a firm

So, you're thinking of starting an accounting firm.

That's great. No doubt you have plenty of questions about how to set up a new firm and get off to a great start.

Thomson Reuters spoke with some of our industry experts to get answers to the big questions you may have.

Here's what they told us.    

Useful links

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• See all solutions

Starting your own accounting business sounds like a lot of work. Why would I want to start an accounting firm?   

Starting an accounting firm is like starting any small business – it requires a lot of work. However, industry and consulting firms list accounting firms as one of the single most profitable small businesses a person can start right now.

Here are a few questions to consider when starting a firm:

• Do you want to be a cog in the machine or own a firm? Frankly, there isn’t a wrong answer to this question, but rather a preference. However, going out on your own comes with one significant benefit: you’re getting the profit from the firm, not just your wages. You go from employee to owner.
• What’s my business purpose? While perhaps a bit esoteric, defining your business’s purpose is crucial. Why am I doing this? What’s my goal behind this? It’s not just a philosophical exercise. Knowing why you’re starting a firm can help you define your target market, whether it’s helping small businesses, real estate, or another service area.
• Do you want to be nimble and cutting edge? Small firms tend to be much more agile and have a greater ability to do new things. From adopting new technology to discovering and implementing new software or other efficiency creating tools, running your own firm lets you make the decisions about what makes your business unique—and profitable.
• Should you start a legal entity? For some, a sole proprietorship won’t require incorporation – especially if the work is centered around less complex tasks such as basic tax preparation. However, there are certain liability protections by becoming an LLC, including limiting risk for your business. Assets become owned by your business and are distinguished from personal assets. When a business is not incorporated, it becomes harder to draw that line and the entire enterprise becomes at risk.

What are the requirements to open an accounting firm? What do I need?

Starting an accounting firm is no different from starting any other small business. And while there are accounting-specific requirements, it’s important to remember that you’re starting a business first.

Start by figuring out your purpose, goal, and market. This will influence many other decisions, including the function of the services you provide, whether you want a physical or virtual location, your target demographic, and the location of your business.

Once you’ve selected a location and determined your goals, it’s time to consider the nuts and bolts of owning a business.

You’ll need to:

• Obtain Employer Identification Number (EIN) and Tax ID number
• Investigate employment laws
• Determine startup costs
• Develop a pricing structure for services
• Decide on the legal structure of your business (S-Corp, L-Corp, LLC, Partnership, LLP )
• Look at business insurance
• Create a business bank account
• Develop internal policies and rules
• Hire employees

Additionally, you’ll have to think about the day-to-day needs of running a business, including managing risk, basic administrative tasks, and general questions of how and where you will meet clients. 

Will I need to get a new EIN from the federal government ?

In most cases, owning and running an accounting firm necessitates an Employer Identification Number (EIN). However, the IRS website provides an in-depth explanation of who is required to have an EIN and when. A good rule of thumb is: if you plan on hiring employees – or plan to in the future – you’ll probably need an EIN.

That said, even if you don’t think you need one – or the website says it isn’t a requirement– most businesses are probably better off acquiring an EIN.

Luckily, the online process is fast, easy, and free. 

If I’m not a Certified Public Accountant, do I need a CPA to open an accounting firm ?

It depends.

While all CPAs are accountants, not all accountants are CPAs. There are differences between the two, including education, experience, and certain opportunities. However, the answer goes back to the question, “What services do you want to offer?”

An accounting firm can do almost everything a CPA firm can do with one exception – audits and assurance services. So, if that is a part of your goals or your target market, then it’s probably wise to think about the steps needed to become a CPA.

However, if you are looking to focus on the multitude of other services accounting firms provide, it’s likely not a necessary credential to start. And while there are certain state-by-state exceptions about what can and cannot be undertaken by a CPA, they are not a requirement for starting an accounting firm.

However, if you want to call yourself a “CPA firm” – you will need a CPA.

Can accountants work from home ?

One of the benefits of starting an accounting firm is flexibility. So, the simple answer to the question is, yes—many accountants can and do work from a home office.

All the regulations that apply to a physical location also apply to virtual or home offices. So not having a physical office does not put an accounting firm at a disadvantage.

In fact, working from home is even easier with modern technology and software solutions that help bring vital aspects of your daily workflow into one dedicated (and usually online) space. For instance, Thomson Reuters makes its CS Professional Suite of tax and accounting software available as hosted online solutions and designed its Onvio products to run entirely in the cloud.

It’s important to note: an accounting firm must have a dedicated EFIN (Electronic Filing Identification Number) for every separate location where they perform work. So, if you have a physical location and do work in a home office, you’ll need to investigate whether you’ll need a separate EFIN for home office.

The answer largely depends on how much – and the extent of the work – you do from home. Check with the IRS for further guidance. 

If I’d prefer a home-based accounting business, what should I know about starting an accounting firm from home ?

Luckily, accounting firms don’t need a physical space to operate successfully. And like the traditional brick and mortar approach, having a home-based or virtual business brings both opportunities and challenges that are unique to that approach. When considering a home-based business, it’s important to think about the unique challenges and opportunities involved.

These include:

• Shared work locations. There are many co-working locations across the country, many of which include both space for professionals to perform their tasks, as well as providing a professional, on-demand space to meet with clients. While there is usually a monthly fee to use these spaces, the benefits they provide are often worth the cost (and are significantly cheaper than leasing or purchasing office space).
• Low costs. New businesses often struggle with overhead. As you build your client list, keeping costs low is a priority. Not only does it allow you to see a profit early, but it also allows you to adjust your service menu to attract clients with lower-than-normal prices.
• Liability issues. If you choose to meet clients in your home, liability and zoning can be an issue. If a client gets hurt inside your home office, or falls outside of it, it’s important to know the laws surrounding liability.
• Zoning laws. Most cities and counties have zoning regulations. Make sure you investigate and comply with any laws to ensure your home-based business isn’t operating illegally.
• Turn limitations into unique opportunities. While not having a physical space can be challenging at times, it can also be an advantage. Consider visiting clients onsite. Not only does it solve space concerns, it communicates a message to the client—you offer a higher level of service.    

What are the key services offered by accounting firm s? 

In many ways, this question can be answered by once again looking at your goals and target market. What are the key services needed by that population? How can you serve them better? Still, while many services will be dictated by the specifics of your clients and their business, there are a few standards most accounting firms offer, including:

• Assurance services
• Bookkeeping

While these are typically the core offerings – and the ones that will provide consistent business in most accounting firms – it’s also important to investigate emerging and buzz-worthy services that are attracting bigger and more progressive accounting businesses.

From consulting and advising to outsourced CFO services (serving as the embedded strategic financial decision-maker for a client), taking a cue from the bigger firms – and anticipating what trends might trickle down to smaller and independent businesses – can increase the clients you serve and put you steps ahead of your competition. 

What should I know about running an accounting firm ?

Starting a business is filled with new and challenging decisions. However, once the business is up and running, it’s common to be unprepared for typical day-to-day operations. Anticipating (and planning for) these concerns helps make sure you’re working as efficiently as possible.

Common questions and concerns include:

• Talent acquisition and development. Frankly, finding and keeping staff is a significant challenge, which is why hiring always leads industry surveys about common needs and concerns. Even if you aren’t ready to hire a team, it’s wise to start developing a strategy early.
• Going beyond the seasonal business . Every year it gets harder and harder to operate a seasonal accounting business, especially if you’re looking to offer a variety of services. Unless you’re doing just cookie-cutter tax prep – and you avoid complex returns – you won’t be able to operate on a seasonal basis. That said, prioritizing the season and maximizing your efficiency (and your profits) during the heavy times is critical to finding success.
• Keep on top of regulatory changes. Keeping up with major regulatory changes can be a challenge – especially if you add staff. Finding a solution that helps minimize the burden and risk that otherwise exists will help stave off the constant onslaught of new information.
• Rethink the traditional role of the accounting firm. Traditional accounting firms used to meet with clients just once a year to do their tax return. More progressive firms are moving to a year-round schedule, which not only allows them to expand services for current and future clients but implies a partnership relationship that goes beyond the “one touchpoint” per year model. 

How much should an accountant charge per hour? Or should accountants charge a fixed fee ?

This, in many ways, is an unanswerable question because the only reliable advice that can be given is, “It depends.” Every context is different and is swayed by factors such as competition, location, service offerings, and level of expertise.

However, even though there isn’t a standard fee, most accounting firms are moving away from an hourly fee structure and choosing to institute to a fixed fee model that allows for better value for clients, a more manageable business plan, and eventually an increase in earnings.

Again, every context is unique, and there are certain situations when an hourly fee structure is best. These include:

• When you’re gathering information to develop a fee structure
• Gauging profitability in a newer firm and trying to determine the hours you need to work and remain profitable
• Early in your career when you need more time to complete basic tasks

Outside of those circumstances, a fixed fee is recommended and preferred. As your skill and expertise grow, so will your abilities to complete tasks quickly. With an hourly fee, this means having to take on more clients to maintain (and hopefully increase) your profits.

A fixed fee structure is about value. The expertise and skill you bring to service are of more importance than just an hour of work for clients. Pricing your abilities based on knowledge is not only good for your business but is ultimately valuable for your clients as well.

How should I price accounting and bookkeeping services ?

While there is still a debate surrounding hourly versus fixed fees in some aspects of the business, accounting and bookkeeping is not one of them.

Accounting and bookkeeping services (as well as other service lines, such as simple tax preparations) are almost universally charged as a fixed fee, and there is a market expectation for that pricing structure.

When determining a fee structure, many accountants call other firms and ask for quotes. They use the average of those quotes to determine a fair and competitive price for their services.

Another resource is local and national affiliations and associations. Many of the larger ones (such as the National Association of Tax Preparers) will distribute recommended price structures and other useful information. 

How much should a CPA charge for taxes?

While you do not have to be a CPA to prepare or file taxes, the training and expertise it requires to gain that credential matters. Simply put, you’re a CPA, and you deserve a premium for your services.

When trying to structure fees, it’s important to set a minimum job value. By setting a minimum job value at, say, $500, you won’t get mired in lower-level work that you likely don’t want to take on. Plus, that work can take up time and pull you away from more valuable work that you’d rather be doing.

Knowing what you want to charge and identifying the value you bring to your clients is critical. You are providing a service to your clients, but you’re also giving them a value based on your credentials and experience. So, it’s up to you to set the standards and have them choose between lower costs (them doing it their self) versus the value of having a CPA prepare your taxes.

That said, there’s a balance.

Many CPAs make a practice of “writing down” certain services because they know their hourly rate for larger projects can quickly become untenable for a client. Not only is this seen as a discount by the client, but it also allows you to create a fixed-fee structure for your services and show the clients the savings and value they receive.

If they need more staff, what do accounting firms look for when hiring?

When hiring, accounting firms are like many businesses and are looking for a combination of credentials, experience, and the ability to perform the necessary tasks. However, in an increasingly competitive hiring market, many firms are beginning to look at soft skills as valuable for new hires.

For decades, accounting firms have focused primarily on credentials. However, more and more, it’s less and less about certification and more about aptitude. For the most part, it’s easier to train accounting knowledge than it is to build customer service skills. When hiring, it’s important to look at the qualities a candidate can bring into a firm – not necessarily just credentials.

Of course, experience and credentials do matter. Especially when the experience sets for an accountant is specific and narrow. What types of tax returns have you prepared? What specializations do you carry? And credentials such as CPA, EA, attorneys, and state certifications (when required) are all still attractive to firms looking to hire.

How much does it cost to start an accounting firm?

Start-up costs can range from $2,500 to $25,000. Your location and your goals will determine cost in several ways, including whether you want to start a traditional brick and mortar firm or are looking to create a virtual office environment.

It’s important to remember that, besides physical (or virtual) space, accounting firms need to find and install the necessary equipment and technology to help their practice run more efficiently. That, in many ways, is the first step for a new entrepreneur. Once they’ve found a tax solution that can help them achieve their goals, they’ll be able to begin tackling the other day-to-day tasks and questions of running a business.

What’s the best business structure for accounting firms?

Finding the best business structure for your accounting firm is a critical part of not only ensuring success but helping to minimize both your tax burden and your risk.

While the circumstances of what your incorporation looks like will depend on your approach, it is considered a best practice to become incorporated right off the bat due to the legal protections it provides.

Popular options include:

• Partnership

If you’re running a solo firm, you’re likely going to be looking at an S-Corp, which allows you to pay yourself as an employee. However, if you are working with other partners, a partnership might be more preferential, as it provides a little more flexibility with payment. You are permitted to take draws or distributions, and it doesn’t necessarily require a payroll department because it’s not considered “wages” per se.

Whichever structure you choose at the beginning, know that it will likely evolve throughout the maturity of your firm. For instance, a firm might accept the risk and start as unincorporated to avoid the incorporation fees. Then they might transition to S-Corp. Over time, as additional owners move into the entity structure, the firm can add additional shareholders or can reorganize as a partnership.

It’s better to have a separate legal entity than to not and better to have separate federal filing than to not.

How do I get accounting clients?

The consensus is word of mouth. However, while a strong work ethic, exceptional service, and competitive pricing will undoubtedly attract clients, a successful business always requires more than just good luck.

Here are a few tips on how to increase your client base:

• Be a business owner, not just an accountant. This means focusing on solid business practices and looking for ways to ensure both stability and growth.
• Market yourself . This goes beyond starting a business and hoping people show up. Look for ways to partner with other companies and firms, as well as networking opportunities in the community. The local chamber of commerce is an excellent resource.
• Don’t forget about friends and family. While they won’t be able to maintain your business over the long haul, friends and family are a great starting place not only for initial clients but also for referrals.
• Take advantage of easy and cheap technology . Google Ads can be capped at $20 and make for productive investments to help drive local searches for accounting firm.
• Be in the community. Look for professional speaking engagements that you can offer to local groups for free. Create thought leadership presentations, teach community education classes and provide a venue to show your skills and knowledge.

You’ll find other ideas in our blog post on finding new clients .

How about social media and online presence for accountants – is it worth the effort?

Websites, social media, and various other online presences are a great way to establish credibility in the market.

For the most part, a simple online presence is relatively easy to start with minimal start-up costs. And while an online presence won’t guarantee an increase in exposure, not having one can have a negative impact and can discredit you to a potential client. In many cases, website and social media become an augmentation to your word of mouth referrals. Most people won’t simply call a number without the opportunity to do some basic online research.

However, there is a difference between a website presence and social media. In most cases, a website is static and allows businesses to transmit basic, evergreen information such as phone number, services provided, and credentials. Social media, on the other hand, can drive business in a longer and more indirect fashion.

Auto-posting any relevant story or information can help create a brand on social media – one where you’re seen as an authority on tax and accounting subjects. Posting constant content can help with visibility and, ultimately, increasing your customer base.  

If you think you may need help with this, take a look at our social media and other digital marketing solutions for accounting firms .

Some firms focus on a specific accounting specialization. Should I consider a niche accounting service?

Put simply, the more specialized you are, the more profitable you are. However, it’s not as much a question of “should you” but “can you.”

Many – if not most – firms will start as generalists and then slowly make their way a more niche practice. Sometimes a firm will intentionally build clients in one area. Others realize they have, say, many construction clients and then move to the particular niche.

If moving toward a niche practice, consider:

• What’s your timeline? When should you plan to transition to a specialized practice? When is the right time to stop chasing general clients?
• Partnering with more generalist firms can help take on other needs from clients while you take only the niche side of their business.
• Gaining professional affiliations is important. They can help distinguish you in a competitive market and further signal your niche work.

What’s the most popular accounting niche?

Niches, like many things, are often dependent on location, interest, and understanding where there is a need across different businesses. However, some of the most successful niches are the ones serving fellow professionals such as doctors, dentists, attorneys.

Services based niches as opposed to manufacturing-based are also on the rise. For example, real estate professionals, landscapers, and farming clients are becoming a more prosperous and unique way to do business.

However, it’s important to remember that you have to target businesses where you have the right location and the right skills. Again, farming has particular needs and goals. If you can fill them, then you have a specialization that is highly valuable to that market.

What do prospective clients consider when deciding how to choose an accountant? What do they look for in a CPA?

What are the things that are most likely to influence a client’s perception of you in the little amount of information they’re able to get from a flyer, website, or social media? While the idea that “first impressions matter” may seem a little cliché, they still matter to your clients. As a result, making sure your communication is direct, pleasing, and engaging is critical to your success.

Some important deciding factors include:

• Aesthetics. What’s the aesthetic of your website? Is it mobile compliant? Does it seem modern? Do your documents use color and seem to be professionally designed? Take care to control the new prospective client’s perception of you and what they think they see in you.
• Have a professional place to meet. Whether you operate a brick-and-mortar business or a virtual one, having a professional place to meet with clients is essential.
• Clients want comfort and assurance . Clients want the assurance that, if the IRS or another regulatory authority comes after them, that you be my defender and stand between them and the organization? Extending that sense of comfort is going to help influence them.
• Know your target market . Know what your market is looking for and make it very clear that’s what you can provide them.    

Thanks to our subject matter experts Jordan Kleinsmith and Mo Arbas for their input into this article.

Bring more value to your clients.

How to Start an Accounting Business

Starting an accounting business can be very profitable. With proper planning, execution and hard work, you can enjoy great success. Below you will learn the keys to launching a successful accounting business.

Importantly, a critical step in starting an accounting business is to complete your business plan. To help you out, you should download Growthink’s Ultimate Business Plan Template here .

Download our Ultimate Business Plan Template here

14 Steps To Start an Accounting Business:

• Choose the Name for Your Accounting Business
• Determine the Type of Accounting Business You Will Launch
• Develop Your Accounting Business Plan
• Choose the Legal Structure for Your Accounting Business
• Secure Startup Funding for Your Accounting Business (If Needed)
• Secure a Location for Your Business
• Register Your Accounting Business with the IRS
• Open a Business Bank Account
• Get a Business Credit Card
• Get the Required Business Licenses and Permits
• Get Business Insurance for Your Accounting Business
• Buy or Lease the Right Accounting Business Equipment
• Develop Your Accounting Business Marketing Materials
• Purchase and Setup the Software Needed to Run Your Accounting Business
• Open for Business

1. Choose the Name for Your Accounting Business

The first step to starting an accounting business is to choose your business’ name.  

This is a very important choice since your company name is your brand and will last for the lifetime of your business. Ideally you choose a name that is meaningful and memorable. Here are some tips for choosing a name for your accounting business:

• Make sure the name is available . Check your desired name against trademark databases and your state’s list of registered business names to see if it’s available. Also check to see if a suitable domain name is available.
• Keep it simple . The best names are usually ones that are easy to remember, pronounce and spell.
• Think about marketing . Come up with a name that reflects the desired brand and/or focus of your accounting business.

2. Determine the Type of Accounting Business You Will Launch

The next step is to determine the type of accounting business you will launch. The four main types of accounting businesses are:

• Public accounting firms – These are large businesses that offer a variety of accounting services such as auditing, financial statement preparation and analysis, and tax preparation.
• Small business accounting firms – These are smaller accounting firms that usually specialize in providing accounting services to small businesses.
• Financial consulting – These firms provide financial advice and go beyond the traditional accounting services.
• Forensic accounting – These firms specialize in investigating and uncovering financial crimes or irregularities.

3. Develop Your Accounting Business Plan

One of the most important steps in starting an accounting business is to develop your accounting business plan . The process of creating your plan ensures that you fully understand your market and your business strategy. The plan also provides you with a roadmap to follow and if needed, to present to funding sources to raise capital for your business.

Your business plan should include the following sections:

• Executive Summary – this section should summarize your entire business plan so readers can quickly understand the key details of your accounting business.
• Company Overview – this section tells the reader about the history of your accounting business and what type of accounting business you operate. For example, are you a public accounting firm or a small business accounting firm? 
• Industry Analysis – here you will document key information about the accounting industry. Conduct market research and document how big the industry is and what trends are affecting it.
• Customer Analysis – in this section, you will document who your ideal or target customers are and their demographics. For example, how old are they? Where do they live? What do they find important when purchasing products or services like the ones you will offer?
• Competitive Analysis – here you will document the key direct and indirect competitors you will face and how you will build competitive advantage.
• Marketing Plan – your marketing plan should address the 4Ps: Product, Price, Promotions and Place.
• Product : Determine and document what products/services you will offer 
• Prices : Document the prices of your products/services
• Place : Where will your business be located and how will that location help you increase sales?
• Promotions : What promotional methods will you use to attract customers to your accounting business? For example, you might decide to use pay-per-click advertising, public relations, search engine optimization and/or social media marketing.
• Operations Plan – here you will determine the key processes you will need to run your day-to-day operations. You will also determine your staffing needs. Finally, in this section of your plan, you will create a projected growth timeline showing the milestones you hope to achieve in the coming years.
• Management Team – this section details the background of your company’s management team.
• Financial Plan – finally, the financial plan answers questions including the following:
• What startup costs will you incur?
• How will your accounting business make money?
• What are your projected sales and expenses for the next five years?
• Do you need to raise funding to launch your business?

Finish Your Business Plan Today!

4. choose the legal structure for your accounting business.

Next you need to choose a legal structure for your accounting business and register it and your business name with the Secretary of State in each state where you operate your business.

Below are the five most common legal structures:

1) Sole proprietorship

A sole proprietorship is a business entity in which the owner of the accounting business and the business are the same legal person. The owner of a sole proprietorship is responsible for all debts and obligations of the business. There are no formalities required to establish a sole proprietorship, and it is easy to set up and operate. The main advantage of a sole proprietorship is that it is simple and inexpensive to establish. The main disadvantage is that the owner is liable for all debts and obligations of the business.

2) Partnerships

A partnership is a legal structure that is popular among small businesses. It is an agreement between two or more people who want to start an accounting business together. The partners share in the profits and losses of the business. 

The advantages of a partnership are that it is easy to set up, and the partners share in the profits and losses of the business. The disadvantages of a partnership are that the partners are jointly liable for the debts of the business, and disagreements between partners can be difficult to resolve.

3) Limited Liability Company (LLC)

A limited liability company, or LLC, is a type of business entity that provides limited liability to its owners. This means that the owners of an LLC are not personally responsible for the debts and liabilities of the business. The advantages of an LLC for an accounting business include flexibility in management, pass-through taxation (avoids double taxation as explained below), and limited personal liability. The disadvantages of an LLC include lack of availability in some states and self-employment taxes.

4) C Corporation

A C Corporation is a business entity that is separate from its owners. It has its own tax ID and can have shareholders. The main advantage of a C Corporation for an accounting business is that it offers limited liability to its owners. This means that the owners are not personally responsible for the debts and liabilities of the business. The disadvantage is that C Corporations are subject to double taxation. This means that the corporation pays taxes on its profits, and the shareholders also pay taxes on their dividends.

5) S Corporation

An S Corporation is a type of corporation that provides its owners with limited liability protection and allows them to pass their business income through to their personal income tax returns, thus avoiding double taxation. There are several limitations on S Corporations including the number of shareholders they can have among others.

Once you register your accounting business, your state will send you your official “Articles of Incorporation.” You will need this among other documentation when establishing your banking account (see below). We recommend that you consult an attorney in determining which legal structure is best suited for your company.

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5. Secure Startup Funding for Your Accounting Business (If Needed)

In developing your accounting business plan, you might have determined that you need to raise funding to launch your business. 

If so, the main sources of funding for an accounting business to consider are personal savings, family and friends, credit card financing, bank loans, crowdfunding and angel investors. Angel investors are individuals who provide capital to early-stage businesses. Angel investors typically will invest in an accounting business that they believe has high potential for growth.

6. Secure a Location for Your Business

Having the right space can be important for your accounting business, particularly if you’d like to meet clients there.

To find the right space, consider:

• Driving around to find the right areas while looking for “for lease” signs
• Contacting a commercial real estate agent
• Doing commercial real estate searches online
• Telling others about your needs and seeing if someone in your network has a connection that can help you find the right space

7. Register Your Accounting Business with the IRS

Next, you need to register your business with the Internal Revenue Service (IRS) which will result in the IRS issuing you an Employer Identification Number (EIN).

Most banks will require you to have an EIN in order to open up an account. In addition, in order to hire employees, you will need an EIN since that is how the IRS tracks your payroll tax payments.

Note that if you are a sole proprietor without employees, you generally do not need to get an EIN. Rather, you would use your social security number (instead of your EIN) as your taxpayer identification number.

8. Open a Business Bank Account

It is important to establish a bank account in your accounting business’s name. This process is fairly simple and involves the following steps:

• Identify and contact the bank you want to use
• Gather and present the required documents (generally include your company’s Articles of Incorporation, driver’s license or passport, and proof of address)
• Complete the bank’s application form and provide all relevant information
• Meet with a banker to discuss your business needs and establish a relationship with them

9. Get a Business Credit Card

You should get a business credit card for your accounting business to help you separate personal and business expenses.

You can either apply for a business credit card through your bank or apply for one through a credit card company.

When you’re applying for a business credit card, you’ll need to provide some information about your business. This includes the name of your business, the address of your business, and the type of business you’re running. You’ll also need to provide some information about yourself, including your name, Social Security number, and date of birth.

Once you’ve been approved for a business credit card, you’ll be able to use it to make purchases for your business. You can also use it to build your credit history which could be very important in securing loans and getting credit lines for your business in the future.

10. Get the Required Business Licenses and Permits

Accounting businesses need the following licenses and permits:

• A business license
• An accounting firm permit (if required in your state) 
• A tax identification number from the IRS (EIN) 
• Workers compensation insurance (if you will be hiring employees) 
• State sales tax permits (if you will be selling goods and services that require a sales tax to be collected

Every state, county and city has different business license and permit requirements.

Nearly all states, counties and/or cities also require:

• Zoning Approval : typically at the city or county level, this provides authorization for construction or use of a building or land for a particular purpose
• Fire Department Approval : a process by which the local fire department reviews and approves the installation of a fire alarm system.

Depending on the type of accounting business you launch, you will have to obtain the necessary state, county and/or city licenses.

11. Get Business Insurance for Your Accounting Business

There are several types of insurance that accounting businesses should consider, such as:

• General liability insurance : This covers accidents and injuries that occur on your property. It also covers damages caused by your employees or products.
• Auto insurance : If a vehicle is used in your business, this type of insurance will cover if a vehicle is damaged or stolen.
• Workers’ compensation insurance : If you have employees, this type of policy works with your general liability policy to protect against workplace injuries and accidents. It also covers medical expenses and lost wages.
• Commercial property insurance : This covers damage to your property caused by fire, theft, or vandalism.
• Business interruption insurance : This covers lost income and expenses if your business is forced to close due to a covered event.
• Professional liability insurance : This protects your business against claims of professional negligence.

Find an insurance agent, tell them about your business and its needs, and they will recommend policies that fit those needs. 

12. Buy or Lease the Right Accounting Business Equipment

When starting an accounting business, you will need to purchase or lease equipment, such as:

Computer systems : These will be used to organize and store financial records, track customer data, process payroll, and issue invoices. 

Furniture and office supplies : Office furniture such as desks, chairs, filing cabinets, and office supplies such as paper, pens, and other office essentials are necessary for a successful accounting business.

When purchasing equipment, consider how long you plan to stay in business and how much money you have to invest. Leasing is typically less expensive upfront than buying. However, if you plan to keep the equipment for an extended period of time, it may be more cost-effective to purchase.

13. Develop Your Accounting Business Marketing Materials

Marketing materials will be required to attract and retain customers to your accounting business.

The key marketing materials you will need are as follows:

• Logo : Spend some time developing a good logo for your accounting business. Your logo will be printed on company stationery, business cards, marketing materials and so forth. The right logo can increase customer trust and awareness of your brand.
• Website : Likewise, a professional accounting business website provides potential customers with information about the products and/or services you offer, your company’s history, and contact information. Importantly, remember that the look and feel of your website will affect how customers perceive you.
• Social Media Accounts : establish social media accounts in your company’s name. Accounts on Facebook, Twitter, LinkedIn and/or other social media networks will help customers and others find and interact with your accounting business.

14. Purchase and Setup the Software Needed to Run Your Accounting Business

Software that will help you run your accounting business includes:

Accounting software : This will help you manage customer invoices, track expenses and payroll, and more.

Tax preparation software : This software helps you prepare taxes for individuals and businesses quickly and accurately.

Customer Relationship Management (CRM) software : This will help you keep track of your customers’ data including contact information, invoices and payments, history of purchases and more.

When shopping for software, look for those that are user-friendly and have the features you need to run your accounting business effectively.

Research the software that best suits your needs, purchase it, and set it up.

15. Open for Business

You are now ready to open your accounting business. If you followed the steps above, you should be in a great position to build a successful business. Below are answers to frequently asked questions that might further help you.

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How to Start an Accounting Business FAQs

Is it hard to start an accounting business.

There is no one-size-fits-all answer to this question, as the ease or difficulty of starting an accounting business will vary depending on your skills, experience, and resources. 

However, if you follow the steps above, you should be able to start your accounting business without too much difficulty.

How can I start an accounting business with no experience?

First, consider if starting an accounting business is the right decision for you. It can be difficult to start and run a business without any prior experience. 

If you decide that starting an accounting business is the right choice for you, then there are a few things you can do to increase your chances of success:

• Take a course or get certified in accounting. 
• Connect with experienced accountants and ask for advice. 
• Use the right software to help manage your business efficiently.
• Research local laws, regulations, and taxes that apply to your business. 

What type of accounting business is most profitable?

The type of accounting business that is most profitable varies depending on the country and the specific services offered. However, most accounting businesses offer services such as bookkeeping, preparing taxes, and providing financial advice.

In general, the most profitable accounting businesses are those that offer a wide range of services, have a lot of experience, and are well-connected with local businesses and individuals. If you are starting an accounting business, it is important to research the competition and find a niche that you can specialize in.

How much does it cost to start an accounting business?

The cost of starting an accounting business can vary depending on a number of factors, such as the country where you are located, the type of accounting business you want to start, and the amount of equipment and software you need. The average startup costs ranges between $5,000 and $10,000. However, depending on how large your business is you may need to invest more than this.

What are the ongoing expenses for an accounting business?

The ongoing expenses for an accounting business vary depending on the size and scope of the business. However, this can vary depending on how many employees you have, how much equipment and software you need, how large your office space is, and how much marketing you do.

How does an accounting business make money?

An accounting business can make money in a number of ways, including charging clients for services, charging for products, or charging hourly rates. In some cases, an accounting business may also receive commissions or fees from other businesses for referring clients or providing services.

The most common way to make money as an accounting business is by charging clients for services rendered. This can include fees for bookkeeping, preparing taxes, financial advice, and other services. In addition to this, accounting businesses may also sell products such as books, software, or other materials related to accounting. Finally, accounting businesses may charge hourly rates for services provided.

Is owning an accounting business profitable?

Yes, owning an accounting business can be very profitable. 

Accounting business owners can earn a very good income. The profitability of an accounting business depends on how much revenue is generated and how efficiently expenses are managed. Accounting businesses may also earn additional income from commissions or fees they charge for referring clients to other businesses.  

Some of the key things you can do to make your accounting business more profitable include:

• Offering a variety of services that appeal to a wide range of clients
• Investing in advertising and marketing materials
• Keeping expenses low
• Charging competitive rates 
• Offering add-on services that complement your main offering
• Optimizing your website for SEO to increase online visibility
• Creating a unique selling proposition
• Providing outstanding client service

Why do accounting businesses fail?

There are a number of reasons why accounting businesses can fail, such as:

• Not keeping up with industry trends and the latest technology available.
• Poor marketing or lack of visibility in the market. 
• Failing to invest in training, which results in a lack of knowledge and expertise. 
• Not differentiating yourself from competitors by offering unique services that cater to a specific niche market.

One of the main reasons that accounting businesses fail is a lack of planning. This can include not having a detailed business plan, not doing research on the industry, and not targeting the right customers.

Another reason is a lack of marketing and sales skills. This can include not creating a sales process and not have a clear and strong value proposition.

The last main reason is a lack of financial management skills. This can include not having a realistic budget, not tracking expenses, and not investing in the business.

Who are key players in the accounting market?

The accounting market is made up of a variety of different players, including small businesses, large enterprises, and even individuals.

Some of the key players in the market include:

• Ernst & Young
• Grant Thornton

However, there are many other players in your specific target market, and it is important to research the market to identify the key players that may have the most direct influence on the success of your business.

How much should I charge for my accounting services?

Accounting fees can vary depending on the type of accounting services being offered, as well as the size and scope of the project.

However, some common accounting fees include:

• Hourly rate - $50 to $150 per hour
• Flat rate - $50 to $200 per project
• Retainer fee - a monthly fee that covers a certain number of hours of work

The best way to determine the right fee for your accounting services is to research the rates of similar businesses in your industry, and to also consider the value that you will be providing to the client.

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Learn How to Craft a Successful Business Plan (Even with No Experience)

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Take the First Step in Learning How to Write a Business Plan, Even with No Experience

Antonio Del Cueto, CPA

May 8, 2024

Imagine your business as a spaceship blasting off into uncharted territory. It may sound exciting, but without a precise flight plan, that thrilling journey could end in a fiery crash. Similarly, most businesses don't fail because of bad ideas. They fail because they lack a clear roadmap.

This article will guide you through the process of crafting a business plan that's more than just numbers on a page. Learn the secret formulas that propel businesses from mere concepts to thriving realities.

Reimagining Traditional Business Plan Components

Executive summary with interactive elements.

Transform the executive summary into a dynamic experience using multimedia elements such as videos and interactive timelines. These components help demonstrate the business’s mission and goals, making it more attractive to would-be investors and potential customers.

Flexible Organizational Structures

Suggest designing an adaptable organizational framework that evolves according to strategic business needs and operational demands. This is especially beneficial for entrepreneurs who might need to navigate changes without a background in HR or traditional management.

Navigating Financial Management Without a Background

Simplified accounting tools.

For many new entrepreneurs, managing finances can feel overwhelming. Leveraging simplified digital accounting tools can significantly reduce this stress by automating most of the routine bookkeeping tasks. These tools are particularly beneficial for those without a financial background, making it easier to focus on other aspects of entrepreneurship.

• Automation : Choose tools that automate entries for sales, purchases, and payroll transactions, ensuring accuracy and saving time.
• User-Friendly Dashboard : Opt for software with an intuitive interface that simplifies financial tracking and report generation. This feature is essential for entrepreneurs who need to quickly access financial data without navigating complex menus.
• Integration Capabilities : It’s important to invest in software that integrates with other business tools (e.g., inventory management systems, e-commerce platforms) to streamline all financial processes.
• Scalability : As your business grows, you’ll need accounting software that can adapt to more complex financial demands without requiring a complete overhaul.

Further reading: Mastering Accounting for Tech Companies: The Ultimate Guide to Industry Accounting in the Technology Sector

Understanding business taxes.

A basic understanding of business taxes is essential for any entrepreneur, including those running a nonprofit or other types of organizations. Here are key elements your business plan should focus on:

• Fundamental Tax Responsibilities : Clearly outline what taxes the business is liable for, such as income, payroll, and sales taxes. This information should be specific to your business's location and structure.
• Maximizing Deductions : Include information on how to identify and claim relevant deductions to minimize tax liability. For example, if your business has significant equipment expenses or if you’re renting office space, you should know how these affect your taxes.
• Seeking Professional Advice : While basic tax guides are helpful, consulting with a tax advisor or strategist can provide tailored advice that ensures compliance and optimizes tax benefits. This step is integral for complex situations or where the tax implications could significantly impact business finances.

Further reading: Maximizing Your Small Business Tax Benefits: 2023 Tax Year Strategies & New Reporting Changes

Budgeting made easy.

Budgeting effectively is a core skill every business owner should develop to ensure financial stability and facilitate growth. Here’s how to incorporate straightforward budgeting strategies into your business operations:

• Expense Tracking : Start by categorizing expenses to track where every dollar is going. Categories might include rent, salaries, marketing, and web design. This clarity helps in making informed spending decisions.
• Financial Forecasting : Use historical data to predict future spending needs and income . This is especially important for planning major investments or when scaling operations.
• Regular Financial Reviews : Conducting regular reviews of your budget will help you stay on track and make necessary adjustments in response to financial performance or changing market conditions.
• Budgeting Tools : Recommend specific budgeting tools that are designed for small business needs. These tools should provide visual representations of financial data, making it easier to digest and act upon.

Each of these sections should be detailed in the business plan to demonstrate a thorough understanding and proactive management of financial aspects. This approach not only helps in securing funding (e.g., from banks or venture capital) but also in managing day-to-day financial operations efficiently.

Building Strategic Partnerships and Collaborative Networks

Cross-industry alliances.

Engaging in cross-industry alliances is a strategic move that can drive substantial business growth and innovation. These partnerships leverage complementary strengths and resources, offering a multitude of benefits:

• Innovation through Diverse Expertise : Combining knowledge and resources from different sectors can catalyze innovative solutions that neither partner could develop alone. For instance, a tech startup could collaborate with an established manufacturing firm to optimize production processes using advanced technology, resulting in a competitive edge in the market.
• Access to New Markets : Each industry has its unique customer base. By forming alliances, businesses can bridge their offerings to new audiences. A successful example could involve a collaboration between a software development company and a telecommunications firm to introduce a new tech product to a broader audience, utilizing the telecom firm's extensive customer network.
• Resource Sharing : Strategic partnerships allow for the sharing of critical assets such as technology, marketing channels, and expertise, leading to cost savings and enhanced product offerings. This might involve sharing R&D facilities or co-branding efforts for joint marketing campaigns.
• Enhanced Credibility and Brand Perception : Partnering with reputable firms in other sectors can significantly boost a company's credibility and strengthen its brand image, attracting more customers and potential investors.

Documenting cross-industry alliances in a business plan must specify the objectives, expected outcomes, and the nature of the collaboration. Include specific information on how these alliances align with the business’ strategy and how they contribute to achieving the company’s goals.

Customer Involvement in Product Development

Integrate customer feedback into the product development process for aligning products with market needs and enhancing customer satisfaction. This strategy not only improves product-market fit but also fosters customer loyalty:

• Direct Feedback for Better Products : Involving customers early in the development process ensures that the final product meets actual user needs and solves relevant problems. This can be achieved through methods like crowdsourcing ideas, beta testing new products, and incorporating user-generated content and suggestions into product design.
• Build Customer Loyalty : Customers who participate in the product development lifecycle are more likely to develop a deeper connection with the brand, increasing their likelihood of becoming repeat buyers and brand advocates.
• Agile Feedback Loops : Utilizing customer feedback during product testing phases allows for quick iterations and adjustments, greatly enhancing the product’s relevance and appeal upon launch.
• Unlocking New Ideas : Customers often see different uses for a product or identify missing features that can lead to significant innovations, helping a company stay ahead of competitors.

The business plan must include a dedicated section outlining how customer feedback will be integrated into product development processes. This section should also include pricing strategies informed by customer input to ensure market competitiveness.

For businesses seeking funding or partnership, a well-crafted business plan is essential. Including sections like Cross-Industry Alliances and Customer Involvement showcases a comprehensive approach to strategic planning and market engagement.

For simplicity and clarity, especially when presenting to potential investors, consider summarizing key strategies in a one-page overview within the larger business plan. This not only highlights the strategic vision but also ensures that readers can quickly grasp the core elements of your plan.

Key Takeaways

• Clarity is Key : Craft a clear, concise business plan to create financial projections and ensure a solid foundation.
• Know Your Audience : Tailor your plan to engage stakeholders, addressing related topics like brand awareness.
• Research Matters : Thorough market research strengthens your plan, supporting its solidity.
• Financial Focus : Develop realistic projections for revenue and expenses to fortify your business plan.
• Stay Adaptable : Flexibility is key to evolve strategies, including those for brand awareness, to maintain relevance.

How can Taxfyle help?

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At Taxfyle , we connect small businesses with licensed, experienced CPAs or EAs in the US. We handle the hard part of finding the right tax professional by matching you with a Pro who has the right experience to meet your unique needs and will manage your bookkeeping and file taxes for you.

Legal Disclaimer

Tickmark, Inc. and its affiliates do not provide legal, tax or accounting advice. The information provided on this website does not, and is not intended to, constitute legal, tax or accounting advice or recommendations. All information prepared on this site is for informational purposes only, and should not be relied on for legal, tax or accounting advice. You should consult your own legal, tax or accounting advisors before engaging in any transaction. The content on this website is provided “as is;” no representations are made that the content is error-free.

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Business Plan

You really can achieve your personal and business goals by getting a bulletproof plan in place.

Whatever stage of business you’re at, it makes sense to get all your ducks in a row with a solid business plan.

How we help

Accountants , corporate finance pros , lawyers , and tax specialists all under one roof. What more could you want?

If you’re just formed your company , laying out the foundations with a business plan couldn’t be more important…

If you’re growing your business it’ll help work out where to go next through scenario planning – whether it’s opening a new office or hiring more staff…

Either way, a business needs a plan no matter what stage you’re at, and guess what, we can help.

Why do I need a plan?

Get a sense of direction for your business so you know what step to take next.

Help make important decisions and prioritise the important stuff

Outline any strengths and weaknesses or potential risks that you can react to before they become a problem

Secure funding from outside investors by proving your  business is a solid investment

Be held accountable along the journey to make sure you’re hitting your targets.

Do I really need Quarterly Catch-Ups?

Let's face it, a lot of business owners are quite happy to only see their accountant once year.

For some, the thought of a quarterly catch-up seems like unnecessary work. However there’s method to our madness. We like to become an extension of our client’s business, holding them accountable, offering advice and helping them achieve their dreams.

We can only do that if we speak to our clients regularly, checking in every quarter to really see what’s going on. The beauty of using Xero and having live data means you can respond to things as they happen. Without quarterly catch-ups, you’re often reacting after the horse has bolted.

Quarterly catch-ups let us do more than your traditional accountant , they let us be a genuine lifeline to your business and not just a necessary evil. It’s something we’re super passionate about, and rest assured, there is another way!

Why do we only use Xero?

Xero to Hero.

Yes, it’s fair to say we love Xero . Our MD Stuart Hurst has practically tattooed the logo onto himself. But why Xero? Why not any of the other accounting software out there?

In short, Xero speaks the language of business owners. There’s no industry jargon, it’s easy to use and is specifically aimed at business owners rather than accountants .

So if you haven’t used Xero before, don’t fret. After a bit of training with our onboarding team, you’ll be a master in no time. We pride ourselves in being one of the best Xero Advisors in the country. All of our staff are Xero certified and Stuart Hurst, former Xero MVP now sits on the Xero Advisory Board.

For us, it’s the obvious choice.

What is Cloud Accounting?

What is the Cloud and why does it matter?

The Cloud is the collective name for data servers that keep your data safe and allow you to access your business information anywhere. What that means is you can access your data from any computer, phone or tablet as long as you have a connection to the internet.

So Online Accounting allows you to move your financial data to the Cloud and means you can have 24/7 access to your numbers wherever you are. The difference between Cloud Accounting and traditional software is that the data is stored in the Cloud rather than on one specific computer, which means you are not solely reliant on the main desktop where your information is saved.

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Meet Lorraine, our National Director of sales and Head of all things new business and sales.

Lorraine has experience working across a variety of sectors, from scaling her very own Mortgage Advisory Business to selling high-end care homes, gaining a wealth of knowledge in the world of property, finance, healthcare and HR.

Before joining the A+L dream team, Lorraine was responsible for running the sales department of a global HR software company, meaning she knows a thing or two about helping business owners navigate tricky times.

Outside of work you’ll find Lorraine, a self-professed ‘sunworshipper’, spending time outdoors with her children or unwinding with a generous glass of prosecco.

Drop Lorraine a line if you’d like to hear how we could help your business!

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GLD Business Plan 2024–25

This business plan outlines the range of high-profile and complex legal work that will form GLD's delivery priorities for the coming year.

GLD Business Plan 2024–2025

PDF , 2.33 MB , 11 pages

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This business plan outlines the range of high-profile and complex legal work that will form GLD’s delivery priorities for the coming year. It sets out how we plan to meet the ambitions in our new strategy and play our part in leading on wider government priorities such as Civil Service Modernisation and Reform.

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Biden’s DOL Bets on Two-Step Overtime Plan to Survive Lawsuits

By Rebecca Rainey

The US Labor Department’s use of Trump-era wage calculations for the first phase of its expansion of federal overtime pay protections creates a potential legal shield for at least part of a policy change destined for court attacks.

The Biden administration’s newly released rule will first increase the salary threshold for overtime eligibility to $43,888 on July 1, up from its current $35,568. That number is scheduled to jump to $58,656 on Jan. 1, meaning workers making less than that amount are automatically owed time-and-a-half wages.

Labor officials said the gradual increase responds to complaints from business groups that an immediate change would be too drastic for companies to absorb. Some employment attorneys say it may also be a strategy for the agency to extend some overtime rights to new workers while defending the rulemaking, which is expected to face legal challenges from industry groups .

That’s because the first July increase will use the methodology from the Trump administration’s 2019 overtime regulation , which sets the salary threshold at a much lower calculation compared to the new process outlined in the Biden rule.

“Anybody that didn’t sue over the methodology in 2019 is gonna look pretty foolish trying to sue over it now,” said Judy Conti, director of government affairs at the National Employment Law Project, which supports the new overtime update. “The business community rallied around the Trump regulation, so I would imagine they will have no choice but to accept the first tranche of the update.” The Associated Builders and Contractors said it’s weighing a potential legal challenge against the new overtime rule.

While it “appreciates that the DOL recognized the value in retaining the methodology used by the prior administration” for the first increase, the second bump will make “huge numbers” of its members’ employees newly eligible for overtime, according to Ben Brubeck, the group’s vice president of regulatory, labor, and state affairs.

“This will disrupt the entire construction industry, specifically harming small businesses, as the rule will greatly restrict employee workplace flexibility in setting schedules and hours, hurting career advancement opportunities,” Brubeck warned.

Trump Methodology

Under the Fair Labor Standards Act, there are multiple carveouts to overtime pay requirements for certain industries and occupations.

For “ executive , administrative , professional and outside sales ” employees, the DOL uses a three-part test that requires an employee to be salaried, make more than a certain amount per year, and have certain job duties in order to be exempt from time-and-a-half pay requirements.

In 2019, the Trump administration finalized a rule that raised the salary piece of that test to $35,568, a figure based off the 20th percentile of weekly earnings of full-time salaried workers in the lowest-wage Census region, which is currently the South.

The Biden rule would update the salary level by tying it to the 35th percentile of earnings in the poorest Census region, which would encompass more workers and likely produce a higher salary threshold. That formula will apply to the DOL’s second pay threshold bump set for Jan. 1, 2025, and then to triannual updates thereafter.

Attorneys and worker advocates say that because the Trump-Bush methodology hasn’t been successfully challenged in court, the DOL may view it as a more secure avenue than the new formula sought in the new overtime rule.

“What they’re trying to do is not be put back to zero, so to speak, if the rule gets struck down and to give a judge optionality to say, ‘All right, well, I’m gonna enforce the first step up, but I don’t believe I can enforce the second,’” said Brett Coburn, a management-side attorney at Alston & Bird LLP. “So I think it’s probably their effort to get some raise in the minimum salary threshold, even if they ultimately can’t get it where they want it.”

Part of the legal vulnerability surrounding the rule is a 2017 court decision vacating an Obama-era regulation that would have raised the earnings threshold to roughly $47,476 and update it every three years.

The 2016 Obama rule would have tied its salary threshold automatic updates to what the bottom 40% of the lowest wage earners were earning, which is slightly more than the new rule’s 35% level.

But just before it was set to go into effect, the rule was invalidated by a federal judge in Texas, who said the DOL set the salary threshold so high it made the duties piece of the FLSA exemption test irrelevant.

That ruling will likely be used as a roadmap in the challenges against the new Biden overtime rule.

Not An ‘Obstacle’

Not every attorney agrees that the strategy will work, given the size of the increase to just under $44,000 scheduled for July 1.

“I don’t think the intermediate step is going to be an obstacle to companies challenging this rule, particularly when you look at where it ends up in January of ’25,” said Jane Jacobs, a partner at Tarter Krinsky & Drogin LLP.

“That’s still a substantial increase,” she said. “And so, I’m not sure that this device, if you want to call it that, of a two-step increase helps them in a legal challenge, but of course we’ll wait and see.”

The Trump-era overtime rule may also be on uncertain legal ground.

While most large business groups didn’t challenge the Trump rule when it was issued in 2019, a fast-food chain operator based in Texas filed a lawsuit in 2022 seeking to invalidate the rule on the grounds that it went beyond the DOL’s authority.

A federal district court sided with the DOL, and upheld the rule last September. But the company appealed, and the challenge is currently pending in the US Court of Appeals for the Fifth Circuit.

To contact the reporter on this story: Rebecca Rainey in Washington at [email protected]

To contact the editors responsible for this story: Jay-Anne B. Casuga at [email protected] ; Genevieve Douglas at [email protected]

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Opinion: TikTok sues the US government over its plan to ban — so now what?

O n Tuesday, TikTok and its Chinese parent company ByteDance filed a high-stakes lawsuit in the U.S. Court of Appeals for the District of Columbia Circuit. The suit was filed against the U.S. government, challenging a new law that would force ByteDance to sell TikTok’s American operations or face a nationwide ban on the popular social media app.  

At the heart of the legal battle is the claim that this law, known as the Protecting Americans from Foreign Adversaries Act , violates the First Amendment rights of TikTok’s 102 million users in the United States . 

In their lawsuit, TikTok and ByteDance argue that the law’s mandate to divest the app’s U.S. business within one year or face a complete shutdown is an unconstitutional infringement on free speech and expression.  

They contend that TikTok has become a vital platform for Americans to share content, communicate and engage in public discourse (as well as meme-worthy cat videos). Banning the app, they argue, would deprive users of their ability to participate in this digital town square in which they exercise their fundamental free speech rights. 

As to this first part of their claim, it’s pretty tough to make a cogent legal argument that TikTok/ByteDance isn’t right. Whether you’re a compensated influencer or simply a casual user, your use of TikTok is an expression, on social (that’s the key word) media, of your views. By essentially killing off TikTok in the U.S., which the law would do if it would actually go into full effect , the government is (choose your legal term of art here) quelling/quashing/hindering/chilling/stopping your ability to express yourself on social media, which is a contemporary form of speech. 

The plaintiffs also assert that the government has failed to provide concrete evidence of any genuine national security threat posed by TikTok that would justify such a drastic measure. They claim the law is overly broad and vague, lacking clear guidelines for compliance. ByteDance also argues that even if they find a buyer for TikTok’s U.S. operations, obtaining approval from the Chinese government to sell the app’s powerful content recommendation algorithm could be nearly impossible, which means that the law wouldn’t actually work in a practical sense. 

All of this is correct — the only viable buyers for TikTok are going to be legally barred from buying it. There’s a zero percent chance that TikTok’s natural acquirers (Meta, Google, etc.) would be allowed even a sniff of this deal, as their acquiring TikTok would be profoundly anticompetitive . Meta (which already has Instagram) plus TikTok is a straight-up monopoly; it’s a total no-go. 

From a legal perspective, this case represents a significant test of the government’s authority to restrict a social media platform on national security grounds, while also respecting the constitutional rights of its users. Constitutional scholars will suggest that the courts will almost surely require the government to demonstrate a clear and imminent threat to national security and that the TikTok ban is the least restrictive means to address it. 

Good luck with that. 

Part of what the courts would want to see is what other measures the government took to deal with the perceived problems posed by TikTok and its ByteDance parent, how these measures worked, what other remedial measures were taken, etc.  

But no other real measures were taken. The government went directly for what was essentially the nuclear option, which is almost certainly not going to survive the scope and depth of scrutiny of not only the U.S. Court of Appeals for the District of Columbia Circuit but probably also, eventually, the actual Supreme Court. 

This is, without a doubt, all extremely important legal and societal stuff.  

The ultimate decision in the TikTok case will not only set an important precedent on the limits of the government’s power to ban or force the sale of a social media platform, it’s going to answer some important questions about how well the law and the courts understand how, where and even why we communicate today.  

This really isn’t about TikTok or ByteDance, or even China — it’s about us. It’s ultimately our behaviors as consumers that are coming under scrutiny here and whether we need a prudent, protective government (or nanny state, depending upon your seat for all of this fine action) to regulate what we do and how we interact over social media.  

No matter your perspective, what’s certain is that this new legal filing is going to be extremely closely watched as it unfolds in the coming months, with the future of one of the world’s most popular apps as well as our social media habits and preferences hanging in the balance. 

Aron Solomon, JD, is the chief strategy officer for   Amplify . He has taught entrepreneurship at McGill University and the University of Pennsylvania, and was elected to Fastcase 50, recognizing the top 50 legal innovators in the world.    

For the latest news, weather, sports, and streaming video, head to The Hill.

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