The first step for starting a business in Tennessee is having a good business idea. Maybe you already have an idea picked out, or maybe you are still deciding on one. Regardless, you can check out our library of business ideas to get detailed industry information, trends, costs to start, tips, and lots more.

Once a solid business idea is in place, it’s time to start working on the business plan.

Many people only consider writing a business plan because the bank asks for one in order to get funding. While that’s a valid reason, more importantly, writing a business plan gets the ideas out of the entrepreneur’s head and helps create a roadmap for where they want the business to go. Just as most builders wouldn’t build a house without blueprints, an entrepreneur shouldn’t build a business without a business plan.

Related: How to write a business plan

The next step to starting a business in Tennessee is selecting a business entity.

The business entity is sometimes referred to as a business structure or legal entity, which refers to how a business is legally organized. There are four primary business entities: sole proprietorship, partnership, corporation, and Limited Liability Company (LLC). A brief description of each is below.

A Sole Proprietorship is an individual that decides to go into business. This is the easiest and least expensive of the four entities to set up as there is no state filing. The ease of startup is a big selling point; however, a major downside to the sole proprietorship is that the owner is personally responsible for all debts and actions of the company. If the business is sued, the owner’s personal assets are potentially at risk. Another potential downside is that the owner will pay self-employment tax on all business profits and may be more costly than some other entities.

Related: What is a sole proprietorship?

General Partnerships consist of two or more people conducting a business together. Like the sole proprietorship, the partnership has unlimited liability. If the partnership were to be sued, each of the partner’s personal assets are potentially at risk. The partnership itself does not pay tax from business income. Instead, profits and losses are passed through to the owner’s personal tax return. This income is subject to self-employment tax.

Related: What is a partnership?

A Corporation is a business structure that is a separate entity from the individual. While corporations are more expensive and difficult to form than sole proprietorships and partnerships, the major advantage is that the corporation provides personal asset protection for the owners, should the corporation be sued. The downside is the compliance requirements and administrative burdens of having a board of directors, annual meetings for directors and shareholders, filing the annual report, appointing a registered agent, and more.

There are multiple ways a corporation can elect to be taxed, which include the C-corporation and S-corporation. Electing how the entity should be taxed is complicated, so be sure to talk with your CPA as there is the potential of double taxation where profits and dividends are both taxed. Also, there is no self-employment tax with a corporation, as income to the owner(s) will come from either a salary or dividends, which may be beneficial.

Related: How to form a corporation in Tennessee

The Limited Liability Company (LLC) is a popular business entity choice because it provides the liability protection of a corporation with the sole proprietorship’s ease of operation. The Limited Liability Company does not have many of the burdens the corporation has and has the greatest tax flexibility of the four entities. Income can be taxed as a pass-through entity like the sole proprietor or partnership or as a corporation. The LLC and corporation are both liable for the state’s franchise tax.

Related: How to form an LLC in Tennessee

After deciding on the business entity, the next step in starting a business in Tennessee is to register the business name.

Registering a Tennessee Assumed Name for Sole Proprietorships & General Partnerships
If you are a sole proprietorship or general partnership in Tennessee and doing business under your full first and last name, John Smith, for example, there is no filing, but if the business will operate under a fictitious business name or DBA (Doing Business As) like John Smith’s Handyman Service, Mr. Handyman, etc., you may need to register for an Assumed Name, sometimes known as a DBA or Doing Business As with Register of Deeds office in the county where the business operates.

Related: How to register an Assumed Business Name in Tennessee

Registering a Tennessee Business Name for a Corporation or LLC
Corporations and LLCs have to pick a name when filing for the entity, and each corporation/LLC has to be uniquely named.

Related: Check the availability of corporation and LLC names in Tennessee

Legally Protect Your Business Name
A trademark can legally stop others from using names, slogans, or logos. The U.S. Patent & Trademark Office (USPTO) manages the registration of trademarks.

Before settling on a name, you will want to first check and make sure the name you want to use isn’t already registered to another business.

You can also register to keep others from using the name of your business, product, or service.
Related: How to do a trademark search

The Employer Identification Number or EIN (sometimes referred to as the Federal Employer Identification Number or FEIN) is a nine-digit tax identification number issued by the Internal Revenue Service (IRS). This number identifies a business operating in the U.S and is used for paying payroll taxes, filing tax returns, and more. Much like what a social security number is to a person, the EIN is similar to a social security number for a business. While most businesses will need to get an EIN, some do not.

Partnerships, corporations, and most LLCs OR sole proprietorships with employees MUST register for an EIN.

Sole proprietorships or a single-member LLC with no employees is NOT required to get an EIN. In these instances, the owner’s social security number is used to identify the business.

Filing the EIN can be done online through the IRS website, which only a few minutes, and the number is available immediately. Alternatively, an EIN can be registered by mail or fax by submitting IRS Form SS-4.

Related: Step-by-step guide to registering an EIN

Keeping your business and personal finances in separate bank and credit card accounts makes it easier to track the business’s income and expenses. Every bank is different, but in general, they will request:

Sole proprietorship & partnership – Trade Name Certificate, EIN or SSN and owner(s) drivers license
Corporation – Articles of Incorporation, bylaws, Certificate of Good Standing, EIN, and owner(s) drivers license
LLC – Articles of Organization, Operating Agreement, Certificate of Good Standing, EIN and owner(s) drivers license

There are several federal, state, and local rules and regulations Tennessee businesses need to register for and comply with. Some common registrations include:

Business Licenses – The state of Tennessee doesn’t have a general business license; however, many cities require a business license to operate.

Local Business Licenses – Most businesses in Tennessee (even home-based businesses occasionally) need to purchase an annual business tax license with the County Clerk in the county where the business is located and possibly with the Municipal Clerk if the business is located within city limits. The two common licenses are the Standard Business License and the Minimal Activity Business License.

Sales Tax Permit – Businesses selling products and certain services will need to register for a Sales Tax Permit with the Tennessee Department of Revenue.

Professional Licensing – Some services such as appraisers, home inspectors, barbers, and scrap metal companies require licensing in Tennessee. While this isn’t a license on the business, licensing is required in order to operate. Tennessee imposes an annual $400 on individuals with an active license to practice certain occupations.

Excise Tax – While not a license, it’s worth noting all businesses in Tennessee are subject to the state’s 6.5% excise tax, which is based on net earnings or income for the tax year.

Related: What business licenses and permits are needed in Tennessee?

Obtaining the funds to start a small business is a challenging process for many.

Not only are there unfamiliar terms like collateral, equity, assets, liabilities, and others, but there are several sources of funding with different rules, processes, and costs.
From conventional bank loans, Small Business Administration (SBA) loan guarantees, investors, grants, and many others, it can be difficult to wade through what is available and best for your business.

Related: Understanding the different types of business funding

Hiring employees is a complex and often overwhelming process for a new business owner as there are multiple agencies to register, such as the Tennessee Department of Labor & Workforce Development, Tennessee Department of Human Services, and others.

Employers are responsible for reporting new hires, verifying employees are eligible to work in the U.S., income tax withholding, unemployment insurance, unemployment taxes, and payroll withholding taxes, including Social Security and Medicare.

Related: Steps to hiring your first employee in Tennessee

Business insurance is never at the top of anyone’s list of things they want to do when starting their business; however, business insurance may be critical to protecting your business.

Most types of business insurance are optional, except for workers’ compensation insurance in most states. Some states will also require professional liability insurance for businesses offering certain services and commercial auto insurance.

Even if insurance isn’t required, and there is a fire, theft, or personal injury lawsuit, the business owner may have to pay out-of-pocket damages and legal fees. Home-based businesses and side-businesses may want to consider business insurance, too, as personal home and vehicle policies may not cover a business-related loss.

Related: Types of insurance your business may need

Setting up an accounting system for your business is one of the most important things you can do for your company to ensure long-term success.

There is just one problem – you’re not a numbers person.
Just thinking about financial statements, debits and credits, and accounting software makes your head hurt.

Staying on top of finances not only keeps the business compliant with state and IRS tax requirements, but you can better track and monitor trends to maximize profits.

Related: Setting up accounting for a business