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Envision Business with Employees from Inception

employeepartnersStep One

Create legal entity online at Colorado Secretary of State, such as limited liability company, profit corporation or partnership ($50 filing fee; $125 if paper filing). Note a�� filing is public record. Link: www.sos.state.co.us/biz/FileDoc.do

Step Two

Obtain 9-digit EIN online from Internal Revenue Service (no filing fee). Note a�� print and save EIN confirmation letter. Link: www.irs.gov/businesses/small/article/0,,id=102767,00.html

Step Three

Hire attorney or download from www.legalzoom.com or www.bizfilings.com Operating Agreement (limited liability company) or Bylaws (profit corporation) plus Buy-Sell Agreement if more than one owner. Further, if profit corporation, corporate record book required, which includes initial minutes, stock certificates and board resolutions.

Step Four

Open business bank account.

Step Five

Obtain 7-digit ID# from Colorado Dept of Revenue (no filing fee for withholding tax number; prorated fee for sales tax number). Note a�� online filing not yet available. File in triplicate either in-person at a DOR regional office or mail to DOR. Download file

Expected agency correspondence if steps above performed:

  • Internal Revenue Service will send pre-printed quarterly payroll tax return (Form 941) and annual payroll tax returns (Forms 940 and W-3).
  • Colorado Dept of Revenue will send blank forms (DR 1094), coupon booklet may follow.
  • Colorado Dept of Labor will send confirmation letter assigning ID# and separately mail out employee handbook. Pre-printed quarterly payroll tax return (UITR-1) will follow.

If profit corporation, default tax structure is C Corporation (Form 1120); may elect to be taxed as S Corporation (Form 1120S).

If single-owner limited liability company, default tax structure is Sole Proprietorship (Schedule C); may elect to be taxed as S Corporation (Form 1120S).

If multi-owner limited liability company, default tax structure is Partnership (Form 1065); may elect to be taxed as S Corporation (Form 1120S).

If form of partnership (general partnership, limited partnership, limited liability partnership or limited liability limited partnership), default tax structure is Partnership (Form 1065).

Caveat – Please contact your legal, business and tax advisors to determine appropriate compliance with federal, state and local law and related filing requirements for your particular business.

Disclaimer – Advice, instruction and forms provided above are for illustrative purposes only and are offered as a public service without representation or warranty and is not intended or written to be used, and cannot be used, for the purposes of constructing unlawful acts under federal and state law or avoiding penalty under the internal revenue code.