How to Start a Business in New Jersey

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Given the state’s robust economic climate, starting a business in New Jersey presents an appealing opportunity for entrepreneurs. Known as the Garden State, it boasts a thriving business environment with 15 Fortune 500 companies. In 2022, 154,825 new businesses were established in the state, ranking it 8th highest in the US. These new enterprises contribute to a flourishing business community, supported by the state’s third-highest median household income of $85,245 per year and over 400 cities with median incomes surpassing $100,000.

Small businesses also have a lot of success, with 953,416 active as of 2021, which ranks as the 10th highest amount of small businesses nationwide. Fortunately, the costs associated with setting up a business in New Jersey are relatively low, with only $50 for DBAs and $125 for LLCs and Corporations. By following the steps detailed in this guide, entrepreneurs can ensure a solid foundation for their business endeavors, so let’s get started.

1. Research and Plan your Business

You have a compelling business idea, don’t you? That’s fantastic! However, before diving headfirst into it, it’s wise to take a step back and conduct thorough research. This involves delving into market analysis and meticulously outlining a business plan.

Market research entails identifying your target customers, evaluating your competition, and highlighting the unique aspects of your business. Next, transform all that valuable information into a comprehensive business plan. Now, don’t dismiss it as a tedious document. Think of it as your strategy, your roadmap, your secret weapon.

While you may be eager to get started, but trust me, this step is too crucial to overlook. In fact, according to Harvard Business Review, businesses with a well-defined, written plan are 16% more likely to achieve great success compared to those without one.

Now, don’t fret. Your plan doesn’t have to be a lengthy novel. Even a concise three-page plan can make a strong impact. Your plan will serve as the playbook that guides your business, addressing critical questions:

• What sets your business apart (your Unique Selling Point)?
• Who is your target market?
• What will drive your revenue?
• How will you execute your marketing strategy?
• What resources do you need to get started?

Now, you’re fully prepared to conquer the world. Best of luck!

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Want More Info?:Proven Strategies for Writing an Effective Business

2. Choose a Business Structure

After creating your business plan you’ll want to determine the legal structure for your business. Consider your comfort with personal liability risk, desired tax status, and source of capital. There are four common types of business structures to evaluate:

• Limited Liability Company (LLC)
• Corporation
• Sole Proprietorship
• Partnership

Limited Liability Company (LLC)

An LLC or limited liability company is a business structure that provides limited liability and pass-through taxation benefits. Think of it like incorporating a business without the extra formalities.

An LLC can help protect business owners from legal liability for company debts and other liabilities, just like a corporation. Because an LLC is treated as separate from its owners, individual owners don’t typically bear legal responsibility for business debts.

Pass-through taxation means that LLC income isn’t taxed separately but instead passed through to the owner(s). If the LLC has more than one owner, a tax return for the company must still be filed. The income or loss is shown on this return and passed through to the members. Members must report the income or loss on their personal tax returns and pay any necessary taxes.

Additional Information:What is an LLC and is it the right fit for your business?

In short, LLCs bring the benefits of both corporations and partnerships, along with easy maintenance and flexibility innownership arrangements.

Corporation

A C corp (corporation) is a separate legal entity that can earn profits, be taxed, and held legally liable. However, forming a C corp is more expensive and requires extensive record-keeping, operational processes, and reporting. Nevertheless, it provides robust protection from personal liability. C corps pay income tax on profits, not owners. In some cases, corporate profits may be subject to double taxation, both at the company level and on shareholder dividends. C corps have an independent life from shareholders. Even if a shareholder leaves or sells their shares, the business can continue with few interruptions. Raising capital is easier for C corps as they can sell stock, attracting top talent. It’s a good option for medium- to higher-risk businesses that need money, plan to go public, or aim to be sold eventually. Overall, C corps offer many benefits but require careful consideration for success.

Additional Information:Advantages and Disadvantages of a Corporation

Sole Proprietorship

A sole proprietorship is a business structure where the owner operates and manages the company independently. In a sole proprietorship, the owner is personally responsible for all aspects of the business, such as profits, losses, investments, and liabilities. The advantage of this type of structure is that it’s easy to set up and manage since everything goes through the owner. It also enables the owner to keep all the profits and ultimately control their business decisions.

However, there are some downsides to this structure as well. For example, sole proprietors are personally liable for any debts or obligations incurred by their business. This means that if a lawsuit is filed against them, they can be held responsible for any losses. Sole proprietorships tend to have difficulty raising money since banks hesitate to lend to them. Finally, tax regulations may be more complicated since all profits and losses are reported on the owner’s personal income tax return.

Additional Information:What is a Sole Proprietorships and How Does it Work?

Partnership

A general partnership is a type of business where two or more people come together to make money. Unlike other types of businesses, like corporations, you don’t need to register a general partnership with the state. It’s a simple and easy way to start a business. When you’re in a general partnership, each person has unlimited liability for the business. If the company can’t pay its debts, you must pay them with your money. You also share the profits and losses of the business with the other partners.

Additional Information:Advantages and Disadvantages of General Partnerships

3. Choose your Business Name

Now that you’re up to speed on legal structures, it’s time to focus on the next step. Choosing a great business name is crucial to the success of your business. You might feel tempted to pick the first name that comes to mind, thinking the product or service matters more than anything else. But in reality, the name is what opens the door for you. Your choice of name can make or break your business, as it’s a crucial part of your marketing efforts once your business is established. Therefore, it’s best to take your time and develop a robust and memorable name. After all, it’s not just about getting started but about making your business thrive in the long run. If you feel like you’re lacking in the creativity department and can’t seem to come up with any good names, it might help to remember the three crucial ingredients of a great business name:

• Creates an Identity
• Memorable and Easy to Recall
• Easy to Search and Find

For a detailed deep dive into creating a great business name, check out our guide, Tips for creating a business name.

4. Register your Business

Once you have finalized the business structure and chosen a name for your venture, it is crucial to take the necessary steps to officially register your business in New Jersey. The process of registering a business name in New Jersey varies depending on the specific structure of your business.

• Register a New Jersey LLC
• Register a New Jersey Corporation
• Register a New Jersey Sole Proprietorship
• Register a New Jersey Partnership

Register a New Jersey LLC

To establish an LLC in New Jersey, you’ll need to submit a document known as Certificate of Formation to the New Jersey Division of Revenue & Enterprise Services. The filing fee for Certificate of Formation in New Jersey amounts to 125. Before finalizing your LLC filing, it’s important to ensure that your desired business name is available by conducting a thorough search. Once you confirm its availability, you can proceed with filing the Certificate of Formation. This filing should include the LLC’s legal name, address, contact information of the owner(s), and the designation of a registered agent in New Jersey. Although not legally required, it is advisable to create an operating agreement to establish essential guidelines for your LLC, including ownership percentages and voting rights.

Register a New Jersey Corporation

Corporations are formed in New Jersey by filing Certificate of Incorporation with New Jersey Division of Revenue & Enterprise Services. New Jersey charges 130 to file Certificate of Incorporation. You will also need to appoint a registered agent to receive service of process documents. You will also want to create a corporate bylaws document to establish its internal operational rules.

Register a New Jersey Sole Proprietorship

If you’ve made the decision to start a sole proprietorship in New Jersey, you won’t need to file any formal documents at the state level. However, if you plan to operate under a name that is different from your own or doesn’t include your name, you’ll need to obtain a a New Jersey DBA (also known as a Trade Name). New Jersey DBAs are registered with the county. Additionally, make sure to acquire all necessary federal, state, and local permits and business licenses, which we will cover in step 7 of this guide below.

Register a New Jersey Partnership

When starting a general partnership in New Jersey, there is no requirement to file official documents. However, it is highly recommended to create a partnership agreement. This agreement helps establish decision-making rules and can be beneficial in resolving disputes between partners. If the partnership operates under a name that does not include the partners’ last names, a a New Jersey a Trade Name filing must be completed with the county.

5. Get an EIN

An EIN is an Employer ID Number. This is used to identify your business to the IRS when you file your taxes, as well as for employment purposes. It’s a unique identification number given to each business, much like a social security number is given to each individual. You must acquire an EIN if you form your business as a Corporation, Partnership, or LLC. Other business owners should still strongly consider getting one. An EIN is necessary for many types of business filings and you can use it instead of your social security number.

6. Register for New Jersey Sales and Use Tax

In New Jersey, the state sales tax rate is 6.625%. However, businesses certified within Urban Enterprise Zones can enjoy exemptions or charge a reduced sales tax rate of 3.3125%. It is crucial for businesses with sales tax nexus in New Jersey to collect and remit sales tax correctly to comply with state and local laws. Neglecting this responsibility can lead to penalties and interest charges.

How to Know if you need to collect Sales Tax in New Jersey?

Based on the guidelines of the New Jersey Division of Taxation, a business establishes sales tax nexus in New Jersey through various criteria, including:

• Engaging in the sale, lease, or rental of tangible personal property, specified digital products, or services.
• Operating an office, distribution house, showroom, warehouse, service establishment (such as a business center, restaurant, entertainment center, etc.), or any other place of business.
• Employing individuals, independent contractors, agents, or representatives (such as salespersons, consultants, customer representatives, service or repair technicians, instructors, delivery persons, independent representatives, or solicitors acting as agents of the business) within the State.
• Selling, storing, delivering, or transporting energy to users or customers.
• Gathering initiation fees, membership fees, or dues for the privilege of accessing or utilizing health, fitness, athletic, sporting, or shopping club amenities and facilities.
• Providing parking, storage, or garaging services for vehicles.
• Transporting sold goods utilizing the seller’s vehicle.

Businesses without a physical presence may be liable for NJ sales tax if their sales of tangible personal property, specified digital products, or taxable services delivered into New Jersey exceed $100,000 or if they had 200 or more separate transactions during the current or previous calendar year.

Important Note: All individuals engaged in retail sales within the state of New Jersey, whether they are seasonal or “one-time” vendors, are obligated to complete the registration process with the state. New Jersey is a Streamlined Sales Tax state. Out-of-state businesses believing they do not have nexus in NJ must file a paper form NJ-REG

For more detailed information visit the NJ Division of Taxation: Sales and Use Tax page or contact a qualified New Jersey tax professional.

7. Apply for New Jersey Business Licenses and Permits

To ensure legal compliance with federal, state, and local laws, it is important for your business to obtain one or more business licenses and/or permits. The specific licenses and permits required will vary depending on various factors, such as the nature of your business, the products and services you offer, the data you collect, and your location. It is crucial to understand and adhere to these requirements to operate your business smoothly and within the bounds of the law.

Federal Licenses and Permits

Your business may need a license or permit to operate legally if your business is involved in an activity that is regulated at the federal level, such as:

• Agriculture
• Alcoholic beverages
• Aviation
• Firearms, ammunition, and explosives
• Fish and wildlife
• Commercial fisheries
• Maritime transportation
• Mining and drilling
• Nuclear energy
• Radio and television broadcasting
• Transportation and logistics

For more detailed information on federal business licenses and permits visit the Small Business Administration: Federal Licenses and Permits page.

State and Local Licenses and Permits

There is not a general business license required in New Jersey but most businesses will require a local business license.For more detailed information visit the Business.Nj.Gov Business License page.

8. Open a Business Bank Account

Separating your personal finances from your business finances helps to protect you and keeps all of your money organized. Mixing them together, known as “co-mingling funds”, can lead to big issues, so it’s best to have a separate business bank account. If you don’t you could make bookkeeping and accounting more difficult and even lose your limited liability status (if your business is an LLC or Corporation). If your business is sued, it could be argued that your personal money and assets are fair game.

We have an in-depth guide to opening a business bank account to give you all of the details you need to get it done. It will help you to choose a bank and get all of your documents in order.

9. Set Up Credit Card Processing

Accepting payments via card is essential for most modern businesses. Most transactions over $10, around 60%, are now processed by card. This makes processing card payments essential if you want to compete in today’s market.

To get a more detailed breakdown on this topic you can check out our guide: a href=”https://stepstostartingabusiness.com/how-to-accept-credit-card-payments/” target=”blank”>How to Accept Credit Card Payments

10. Establish an Accounting System

Setting up an accounting system allows a business to track business expenditures and create reports to gain insight into your business’ performance. By establishing an accounting system, you can quickly and easily create budgets, manage cash flow and generate the required financial reports to know how your business is doing.

For a more in-depth breakdown, visit our Small Business Accounting 101 guide. Covered in the guide are the steps to do small business accounting, including how to choose between cash basis and accrual basis accounting methods.

11. Get Business Insurance

One of the most overlooked aspects of starting a new business in New Jersey is obtaining business insurance. Having the proper business insurance coverage helps to mitigate your risk so that you’re covered in the event of an accident, natural disaster, or lawsuit.

In our Small Business Insurance Guide, we go over the six types of business insurance so that you can make sure you’re covered.

12. Hire Employees and Set Up Payroll

If you want help running your business, you’ll want to consider hiring employees and setting up a payroll. Employers are responsible for reporting new hires and verifying their employment status.

There are two items that employers must complete to be federally compliant when hiring new employees. You must verify that any employee is eligible for employment in the US and obtain a signed IRS Form W-4 to ensure you are withholding the correct amount for federal taxes. For more detailed information, visit the IRS page for Businesses with Employees.

Since New Jersey has a state level income tax, you’ll need to withhold taxes from your employees and remit them to the state. In addition to this you’ll also need to register for unemployment insurance. Luckily in New Jersey both of these registrations are done with the New Jersey Department of the Treasury. For more specific information about your requirements as an employer in New Jersey visit the NJ.gov: Hiring Employees page for more info.